Illinois Compiled Statutes 740 ILCS 170 — Illinois Wage Assignment Act.

Short Title

Short Title. This Act shall be known and may be cited as the Illinois Wage Assignment Act. (Source: P.A. 83-867.)

No assignment of wages earned or to be earned is valid unless (1) Made in a written instrument (a) signed by the wage-earner in person and (b) bearing the date of its execution, the social security number of the wage-earner, the name of the employer of the wage-earner at the time of its execution, the amount of the mon…

Demand on an employer for the wages of wage-earner by virtue of a wage assignment may not be served on the employer unless: (1) There has been a default of more than 40 days in payment of the indebtedness secured by the assignment and the default has continued to the date of the demand; (2) The demand contains a correc…

A demand shall be in the following form: "Demand is hereby made upon an assignment of salary, wages, commissions or other compensation for services, executed by

A demand shall be in the following form: "Demand is hereby made upon an assignment of salary, wages, commissions or other compensation for services, executed by .... and delivered to .... on (insert date), to secure a debt contracted on (insert date). The total amount of the debt is $..... Payments in the amount of $..…

Forms; notice of intent to assign wages; revocation

Forms; notice of intent to assign wages; revocation. (a) The notice to an employee required by Section 2 shall be in the following form: "NOTICE OF INTENT TO ASSIGN WAGES This notice is required by the Illinois Wage Assignment Act. The notice has been sent to tell you that a creditor (name and address listed below) pla…

No assignment of wages shall become invalid by reason of cessation of employment but shall be valid and collectible against any future employer of the wage-earner within a period of 2 years from the date of its execution. (Source: Laws 1961, p. 1891.)

The maximum wages, salary, commissions, and bonuses that may be collected by an assignee for any work week shall not exceed the lesser of (1) 15% of such gross amount paid for that week or (2) the amount by which disposable earnings for a week exceed 45 times the Federal Minimum Hourly Wage prescribed by Section 206(a)…

Revocation of wage assignment

Revocation of wage assignment. If the wage assignment is revocable under federal law, the employee may revoke the wage assignment at any time by submitting the Revocation Notice Form as provided in subsection (c) of Section 2.2 of this Act or otherwise providing written notice of revocation to the creditor. Revocation…

If the employee has not served a Revocation Notice Form as provided in Section 4

If the employee has not served a Revocation Notice Form as provided in Section 4.1 of this Act or has not otherwise served the creditor with a written notice of revocation (if the wage assignment is revocable under federal law) as provided in this Act within 20 days after receiving the notice of intention to make a dem…

If any person wrongfully: (1) serves a notice on an employee or serves a notice which does not conform with the requirements of Section 2

If any person wrongfully: (1) serves a notice on an employee or serves a notice which does not conform with the requirements of Section 2.2, (2) causes a demand to be served for the wages of an employee, or (3) fails to release a demand, he shall be liable to the employee and the employer for statutory damages in the s…

A discharge in bankruptcy shall be a valid defense to any suit brought upon a wage assignment executed by the bankrupt prior to the adjudication in bankruptcy; no assignment of wages shall be valid after three years from the date of its execution and shall be void after such period of three years. (Source: Laws 1935, p…

Any person who wilfully and wrongfully serves a demand as assignee for wages when no assignment has been made to him or under an assignment which is invalid as provided by this Act knowing such assignment to be invalid with intent to obtain for himself or any other person the wages of an employee, is guilty of a petty…

If any of the provisions of this Act are unconstitutional it is the intent of the General Assembly that so far as possible the remaining provisions of the Act be given effect

If any of the provisions of this Act are unconstitutional it is the intent of the General Assembly that so far as possible the remaining provisions of the Act be given effect. (Source: Laws 1935, p. 208.)

Nothing herein contained shall be construed as making invalid any assignment of wages executed prior to July 1, 1935

Nothing herein contained shall be construed as making invalid any assignment of wages executed prior to July 1, 1935. (Source: Laws 1935, p. 208.)

All wages, salary amounts or other compensation paid by the State, any unit of local government or school district to any of its employees are exempt and not subject to collection under a wage assignment. (Source: P.A. 79-502.)

No employer may discharge or suspend any employee by reason of the fact that his earnings have been subjected to wage demands on his employer for any indebtedness

No employer may discharge or suspend any employee by reason of the fact that his earnings have been subjected to wage demands on his employer for any indebtedness. Any person violating this Section shall be guilty of a Class A misdemeanor. (Source: P.A. 79-502.)

The provisions of this Act do not apply to orders for withholding of income entered by the court under provisions of The Illinois Public Aid Code, the Illinois Marriage and Dissolution of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support Punishment Act, the Revised Uniform Reciprocal Enforcement…