Indiana Voluntary Assignment of Wages (PDF)

State:
Indiana
Control #:
IN-HSC6-28
Format:
PDF
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Voluntary Assignment of Wages (PDF)

Indiana Voluntary Assignment of Wages (PDF) is a document that allows individuals to assign part or all of their wages, salaries, and other compensation to another person or entity. This document is commonly used by those who are unable to pay their debts or bills and need assistance from a third party in order to do so. The document can be used to assign wages to another individual, an organization, or a court-appointed trustee. The individual must provide the name and address of the assignee, the amount of wages to be assigned, the amount of each pay period, and the duration of the assignment. This document must be signed by the employee and the employer. There are two types of Indiana Voluntary Assignment of Wages (PDF): a Temporary Assignment of Wages and a Permanent Assignment of Wages. A Temporary Assignment of Wages allows an individual to assign part or all of their wages to another person or entity for a specified period of time, while a Permanent Assignment of Wages allows an individual to assign part or all of their wages to another person or entity for an indefinite period of time.

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FAQ

Are wage assignments and wage garnishments the same thing? No. Lenders get a wage garnishment by taking the borrower to court. Wage assignments do not go through the courts.

An employer is required to apply a wage garnishment immediately and deduct appropriate portions of the debtor's earnings. The employer has 20 days to file an answer to the writ and serve a copy of that answer to the creditor and employee.

Definition and Example of Wage Assignment Borrowers may agree to allow a lender to use wage assignments, for example, when they take out payday loans. The wage assignment can begin without a court order, although the laws about how much they can take from your paycheck vary by state.

The laws concerning wage assignment vary from state to state. Following are a few examples of restrictions in various states: Illinois does not allow wage assignments unless the debt has gone unpaid for at least 40 days. In West Virginia, wage assignments are limited to 25% of an employee's take-home earnings.

A wage assignment is a voluntary agreement between the employee and creditor where an amount is withheld from the employee's paycheck to satisfy a debt owed to a third-party recipient, whereas under a wage garnishment, the amount withheld from the employee's check is typically obtained through a court order initiated

Lenders get a wage garnishment by taking the borrower to court. Wage assignments do not go through the courts. Instead, the lender just sends the borrower a notice & begins taking a portion of their wages.

An employer may not deduct or withhold wages from an employee's wages or accept an assignment from an employee of their wages unless it is: in writing; signed by the employee personally; by its terms revocable at any time by the employee upon written notice to the employer; and.

See Creditor Garnishment Withholding. Voluntary wage assignments are permitted in Indiana only in limited circumstances. To be valid, an assignment of wages must fall into one of the statutorily permitted categories. Employer consent is required.

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Indiana Voluntary Assignment of Wages (PDF)