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Current as of January 01, 2022 | Updated by FindLaw Staff
§ 2. 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 correct statement as to the amount the wage-earner is in default and the original or a copy of the assignment is exhibited to the employer; and
(3) Not less than 20 days before serving the demand, notice required under Section 2.2 has been served upon the employee, and an advice copy sent to the employer, by 2 methods: (i) first class mail; and (ii) registered or certified mail.
Service of any demand without complying with this Section has no legal effect. Proof of certified mail is prima facie evidence of service.
A demand under this Section applies only to wages due at the time of service of the demand and upon subsequent wages until the total amount due under the assignment is paid, or, if the wage assignment is revocable under federal law, until the employee revokes it.
Cite this article: FindLaw.com - Illinois Statutes Chapter 740. Civil Liabilities § 170/2. When demand may be made on employer - last updated January 01, 2022 | https://codes.findlaw.com/il/chapter-740-civil-liabilities/il-st-sect-740-170-2.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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