An Illinois Wage Deduction Order is a form of garnishment that allows a creditor to take a portion of an individual's wages in order to repay a debt. This type of order is issued when an individual has defaulted on a debt, and the creditor has taken legal action. The amount that can be taken from an individual's wages is regulated by the state of Illinois, and can be no more than 15% of the individual's net pay. There are three types of Illinois Wage Deduction Orders: Voluntary Deduction Order, Court Order, and Administrative Order. A Voluntary Deduction Order is one that is agreed to by both the creditor and the debtor; a Court Order is one that is issued by a court as a result of a court judgment; and an Administrative Order is one that is issued by a government agency or other authorized body.
Illinois Wage Deduction Order
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How to fill out Illinois 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.
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.
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.
The document is called a Wage Deduction Affidavit. The creditor states their belief that the debtor's employer owes the creditor wages. In that affidavit, the creditor must certify that, before filing the affidavit, he mailed a wage deduction notice, explained below, to the debtor at the debtor's last known address.
Respondent should deduct each pay period 15% of Defendant's non-exempt gross wages. If Defendant's disposable earnings are less than 45 times the greater of the state or federal minimum wage, no deductions may occur. All wages withheld shall be turned over to Plaintiff or Plaintiff's attorney on a monthly basis.
WAGE DEDUCTION NOTICE (1) Under Illinois law, the amount of wages that may be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage.
If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.