What is the wage garnishment law in Illinois?

The most the employer can hold out for you is 15% of the debtor's gross income before taxes or deductions. However, the withholding can't leave the debtor with less than 45 times the state minimum wage as weekly take-home pay.

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Illinois Wage Deduction Summons

Illinois Wage Deduction Summons

Name: Illinois Wage Deduction Summons
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.79 (252 reviews)

Category:

Illinois Local County - St. Clair - Documents & Forms

State:

Illinois

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IL-SKU-4023

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Description

Wage Deduction Summons Illinois Wage Deduction Summons is a legal document issued by the courts in Illinois that requires a business or employer to withhold a certain amount of wages from the employee’s paycheck and send it to the court. This document is used to enforce the payment of child support, spousal maintenance, fines, penalties, and other debts owed to the court. There are two types of Illinois Wage Deduction Summons: (1) Wage Deduction Summons for Child Support and (2) Wage Deduction Summons for Spousal Maintenance. Both documents require employers to withhold a certain percentage of the employee’s wages and send it to the court, in order to satisfy the court-ordered payment.

Illinois Wage Deduction Summons is a legal document issued by the courts in Illinois that requires a business or employer to withhold a certain amount of wages from the employee’s paycheck and send it to the court. This document is used to enforce the payment of child support, spousal maintenance, fines, penalties, and other debts owed to the court. There are two types of Illinois Wage Deduction Summons: (1) Wage Deduction Summons for Child Support and (2) Wage Deduction Summons for Spousal Maintenance. Both documents require employers to withhold a certain percentage of the employee’s wages and send it to the court, in order to satisfy the court-ordered payment.

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FAQ

The most the employer can hold out for you is 15% of the debtor's gross income before taxes or deductions. However, the withholding can't leave the debtor with less than 45 times the state minimum wage as weekly take-home pay.

Payroll deductions are wages withheld from an employee's total earnings for the purpose of paying taxes, garnishments and benefits, like health insurance. These withholdings constitute the difference between gross pay and net pay and may include: Income tax.

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.

In Illinois, any creditor can usually garnish your wages if the creditor has a Wage Deduction Order against you. This includes the original creditor or any of that creditor's representatives, as well as debt collection agencies or debt buyers.

If the employer and employee cannot agree, the employer cannot make deductions without complying with Section 9 of the Act.

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.

How much can an employer deduct? 15% of your gross wages; or. The amount of disposable income (or the federal minimum wage if it's greater than the Illinois minimum wage) multiplied by 45. In other words, the state cannot leave the employee with less than 45 times the state minimum wage as weekly take-home pay.

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.

More info

The summons requires the employer to deduct money from the Respondent's pay and hold it for instructions from a judge. File the Affidavit for Wage Deduction Order and ask the Clerk to issue the Wage Deduction Summons.A wage deduction proceeding is a tool creditors may use if a debtor fails to pay a judgment. It is sometimes referred to as wage garnishment. The process begins with the judgment creditor serving the employer with a wage deduction summons. The wage deduction summons will be issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. The wage deduction summons may be issued on the basis of a judgment against you in favor of the judgment creditor in the amount stated above. The wage deduction summons may be issued on the basis of a judgment against you in favor of the judgment creditor in the amount stated above. Brief Instructions: The Federal Agency issuing the Wage Garnishment Order is referred to as the "Creditor Agency. Comprehensive Order Used for All Garnishments, Wage Deductions and Citations.

Illinois Wage Deduction Summons

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