Legal Question in Credit and Debt Law in Illinois

Can a wage assignment be based on all of your pay, including vacation and over time, or does it have to be only based on your base pay? I am being told that 15% will be taken out each pay no matter what the pay is so it will fluctuate each pay check. Can I fight this if this is true, this could be a big hardship for me, I have till March 22, 2010.


Asked on 3/15/10, 3:07 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

A wage deduction is based upon what you are being paid. If that includes vacation and holiday pay, then 15% comes out, whatever the company account it comes out of. If your paycheck is entirely vacation, they still get their money. So you can not fight it on that issue.

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Answered on 3/21/10, 8:45 am
Frank Vosholler Law Office of Frank L. Vosholler III

Is it a wage assignment or a wage deduction? A wage assignment can be eliminated by you, while a wage deduction is court imposed and can not be eliminated until paid in full or a bankruptcy is filed.

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Answered on 3/21/10, 9:22 pm


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