The Illinois Affidavit for Wage Deduction Order (also known as the Wage Deduction Order Affidavit) is a legal document used in the state of Illinois. It is used to obtain a court order to withhold wages from an employee’s paycheck to pay a judgment or debt. This document is typically completed by the employer and submitted to the court. It includes information such as the name and address of the employer, the name and address of the employee, the amount of wages to be withheld, and the purpose for the deductions. Once the document is submitted, the court will review it and issue a wage deduction order if appropriate. There are two types of Illinois Affidavit for Wage Deduction Order. The first is a Wage Deduction Order for a Judgment, which is used when an employee has been ordered to pay a judgment or debt. The second is a Wage Deduction Order for a Spousal or Child Support Order, which is used when an employee has been ordered to pay spousal or child support.
Illinois Affidavit for Wage Deduction Order
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How to fill out Illinois Affidavit For Wage Deduction Order?
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FAQ
The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.
For the most part, there are only two ways to stop wage garnishments in Illinois. First, you can pay off the judgment. You may be able to pay the judgment in a lump sum, or you may have to wait for the garnishment to run its course. The second way to stop a garnishment is by filing bankruptcy.
In non-wage garnishments, 735 ILCS 5/12-701 requires the judgment creditor, or other person, to file an affidavit stating that the affiant believes the garnishee is indebted to the judgment debtor or has property of the judgment debtor. Failure to file such affidavit invalidates the garnishment.
In the Illinois law books, the wage deduction law is located at 735 ILCS 5/12-801 through 735 ILCS 5/12-819. In a wage deduction proceeding, you serve a Summons on the Respondent/Respondent's Employer. The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge.
Wage Garnishment in Illinois In Illinois, if a creditor wins a court judgment against you, the maximum your employer can garnish from your weekly earnings is either 15 percent of your earnings or the amount left over after you deduct 45 hours' worth of Illinois' minimum wage.
You can stop the wage assignment by filling out the enclosed Revocation Notice Form, or by writing a letter stating that you are revoking the wage assignment. Send the Revocation Notice Form or letter by registered or certified mail to the creditor, at the address listed above.
The completed Interrogatories/Answer to Wage Deduction Proceedings says how much money the employer deducted from the Respondent's wages. You must choose a return date that gives you enough time to mail the Wage Deduction Notice to the Respondent and then complete the next two steps.