NCJ Number
52245
Date Published
1978
Length
11 pages
Annotation
COMMONLY ASKED QUESTIONS ABOUT WAYS IN WHICH A CREDITOR MAY COLLECT A DEBT BY TAKING A PORTION OF THE DEBTOR'S WAGES ARE ANSWERED IN A PAMPHLET DIRECTED TO ILLINOIS CONSUMERS.
Abstract
THE PAMPHLET COVERS THE TWO MOST COMMON WAYS IN WHICH WAGES MAY BE TAKEN BY A CREDITOR IN ILLINOIS: WAGE DEDUCTION ORDERS (GARNISHMENT) AND WAGE ASSIGNMENTS. THE MAIN DIFFERENCE BETWEEN THE WAGE DEDUCTION ORDER AND THE WAGE ASSIGNMENT IS THAT THE LATTER MAY BE USED WITHOUT FIRST TAKING THE DEBTOR TO COURT. THE LAWS CONCERNING WAGE ASSIGNMENTS ARE QUITE DIFFERENT FROM THE LAWS GOVERNING WAGE DEDUCTION ORDERS. THE PAMPHLET ANSWERS QUESTIONS ABOUT HOW A CREDITOR CAN OBTAIN RIGHTS TO A DEBTOR'S WAGES BY THESE METHODS, WHAT STEPS A CREDITOR MUST TAKE TO ENFORCE A WAGE ASSIGNMENT OR DEDUCTION ORDER, HOW A DEBTOR FIRST LEARNS THAT A CREDITOR IS SEEKING AN ASSIGNMENT OR A DEDUCTION ORDER, HOW MUCH OF A DEBTOR'S WAGES A CREDITOR CAN TAKE, AND HOW LONG AN ASSIGNMENT OR A DEDUCTION ORDER CAN LAST. STEPS A CONSUMER CAN TAKE TO STOP AN ASSIGNMENT OR DEDUCTION ORDER ARE DESCRIBED. IT IS A CRIMINAL OFFENSE IN ILLINOIS TO FIRE OR SUSPEND AN EMPLOYEE FOR HAVING WAGE ASSIGNMENTS, BUT AN EMPLOYER MAY FIRE OR SUSPEND AN EMPLOYEE WITH MORE THAN ONE DEDUCTION ORDER. A TABLE SUMMARIZING THE MAJOR FEATURES OF WAGE ASSIGNMENTS AND WAGE DEDUCTION ORDERS IS INCLUDED. (LKM)