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What Is a Wage Assignment?

How wage assignment works.

• Why Are Wage Assignments Voluntary?

Wage Garnishment

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Wage Assignment: What It Means, How It Works

A wage assignment is an agreement that a portion of your disposable income will go directly to your creditors. This option may be written into some loan agreements or you may seek it out to help pay down debt with minimal effort on your part.

Wage assignment is the act of taking money directly from an employee's paycheck in order to pay back a debt obligation. Such an automatic withholding plan may be used to pay back a variety of debt obligations, including back taxes, defaulted student loan debt, and both child and spousal support payments.

Key Takeaways

• A wage assignment takes funds directly from an employee's paycheck to pay back a debt.
• How wage assignments are regulated varies by state, with some states even allowing for voluntary child support agreements.
• A wage garnishment is an involuntary deduction and requires a court order.

Wage assignments are typically incurred for debts that have gone unpaid for a prolonged period of time. Employees may sometimes opt for a voluntary wage assignment to pay for things like union dues or to contribute to a retirement fund.

A wage assignment is processed as part of an employer's payroll procedure. The employee's paycheck is decreased by the amount of the assignment and noted on their pay stub.

A wage assignment is often a lender's last resort to receive repayment from a borrower who has previously failed to pay a debt obligation.

Wage assignments are a valuable tool for collecting unpaid debts, but unfortunately, they may be associated with abusive lending practices . If you're struggling with your debt, one of the best debt relief companies or credit counseling agencies may be able to help you get back on track before a wage assignment is incurred.

What Makes Wage Assignments Voluntary?

In a voluntary wage assignment, a worker essentially asks their employer to withhold a portion of their paycheck and send it to a creditor to pay off a debt. Loan agreements may sometimes include a voluntary wage assignment clause in their terms should the borrower default on their loan.

Payday lenders often include voluntary wage assignments into their loan agreements to better their chances of being repaid. Laws regarding wage assignments vary by state.

For example, in West Virginia, wage assignments are capped at 25% of a worker's take-home earnings, the employee and the employer must sign the agreement, and agreements must be renewed annually. Under Illinois law, a lender cannot resort to wage assignment until a debt is 40 days in default. The wage assignment cannot continue for more than three years, and the worker can stop the wage assignment at any time.

Involuntary wage deductions, known as wage garnishments , require a court order and are most likely to be employed to collect spousal and child support payments that have been ordered by a court. Wage garnishments may also be used to collect unpaid court fines or student loans that have been defaulted on.

Several states allow individuals to sign up for voluntary child support agreements. In such a case, both parents must agree to a plan. Once that happens, a voluntary wage assignment may begin. If a child support or welfare agency is involved, they would have to approve any plan.

How Long Can I Have a Wage Assignment?

Since wage assignments are voluntary, the length of time that you use one can vary. Some loans include a wage assignment agreement, so you'll have to check the language of your loan to determine your obligation. Each state also has its own regulations regarding wage assignments.

How Much of My Income Can Go to Wage Assignments?

Every state has its own regulations, but typically 15–25% of your disposable income can be designated for wage assignments.

Is Wage Garnishment the Same as Wage Assignment?

While they are similar, wage garnishment and assignment are not the same. Wage garnishment is an involuntary paycheck deduction, typically ordered to repay child support, student loans, tax debt, or bankruptcy. A wage assignment is voluntary and may be used to repay a consumer debt.

Wage assignments may be a useful tool to help you pay down a debt. Wage assignments are voluntary but they may be hidden in the fine print of some loan products, so read everything carefully before signing. Check the regulations in your state to determine if your wage assignment is revocable.

West Virginia Division of Labor. " Wage Payment and Collection (WPC) Act: Payroll Deductions and Wage Assignments ," Page 3.

Illinois General Assembly. " (740 ILCS 170/) Illinois Wage Assignment Act ."

U.S. Department of Labor. " Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) ."

Illinois Legal Aid. " Understanding Wage Assignment ."

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What Is Wage Assignment?

Definition and example of wage assignment, how wage assignment works, wage assignment vs. wage garnishment.

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A wage assignment is when creditors can take money directly from an employee’s paycheck to repay a debt.

Key Takeaways

• A wage assignment happens when money is taken from your paycheck by a creditor to repay a debt.
• Unlike a wage garnishment, a wage assignment can take place without a court order, and you have the right to cancel it at any time.
• Creditors can only take a portion of your earnings. The laws in your state will dictate how much of your take-home pay your lender can take.

A wage assignment is a voluntary agreement to let a lender take a portion of your paycheck each month to repay a debt. This process allows lenders to take a portion of your wages without taking you to court first.

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.

For example, in West Virginia, wage assignments are only valid for one year and must be renewed annually. Creditors can only deduct up to 25% of an employee’s take-home pay, and the remaining 75% is exempt, including for an employee’s final paycheck.

If you agree to a wage assignment, that means you voluntarily agree to have money taken out of your paycheck each month to repay a debt.

State laws govern how soon a wage assignment can take place and how much of your paycheck a lender can take. For example, in Illinois, you must be at least 40 days behind on your loan payments before your lender can start a wage assignment. Under Illinois law, your creditor can only take up to 15% of your paycheck. The wage assignment is valid for up to three years after you signed the agreement.

Your creditor typically will send a Notice of Intent to Assign Wages by certified mail to you and your employer. From there, the creditor will send a demand letter to your employer with the total amount that’s in default.

You have the right to stop a wage assignment at any time, and you aren’t required to provide a reason why. If you don’t want the deduction, you can send your employer and creditor a written notice that you want to stop the wage assignment. You will still owe the money, but your lender must use other methods to collect the funds.

Research the laws in your state to see what percentage of your income your lender can take and for how long the agreement is valid.

Wage assignment and wage garnishment are often used interchangeably, but they aren’t the same thing. The main difference between the two is that wage assignments are voluntary while wage garnishments are involuntary. Here are some key differences:

Once you agree to a wage assignment, your lender can automatically take money from your paycheck. No court order is required first, but since the wage assignment is voluntary, you have the right to cancel it at any point.

Wage garnishments are the results of court orders, no matter whether you agree to them or not. If you want to reverse a wage garnishment, you typically have to go through a legal process to reverse the court judgment.

You can also stop many wage garnishments by filing for bankruptcy. And creditors aren’t usually allowed to garnish income from Social Security, disability, child support , or alimony. Ultimately, the laws in your state will dictate how much of your income you’re able to keep under a wage garnishment.

Creditors can’t garnish all of the money in your paycheck. Federal law limits the amount that can be garnished to 25% of the debtor’s disposable income. State laws may further limit how much of your income lenders can seize.

Illinois Legal Aid Online. “ Understanding Wage Assignment .” Accessed Feb. 8, 2022.

West Virginia Division of Labor. “ Wage Assignments / Authorized Payroll Deductions .” Accessed Feb. 8, 2022.

U.S. Department of Labor. “ Fact Sheet #30: The Federal Wage Garnishment Law, Consumer Credit Protection Act's Title III (CCPA) .” Accessed Feb. 8, 2022.

Sacramento County Public Law Library. “ Exemptions from Enforcement of Judgments in California .” Accessed Feb. 8, 2022.

District Court of Maryland. “ Wage Garnishment .” Accessed Feb. 8, 2022.

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Wage Assignments and Garnishments: What Finance Leaders Need to Know

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Wage assignments and garnishments practices: Here are three things finance leaders must internally audit.

Wage assignments and wage garnishments are not the same. Each reflects a different process subject to different applicable laws. While there is always potential for a DOL Wage and Hour Division audit, financial leaders should internally audit their own processes to ensure compliance and efficiency while minimizing stress and anxiety for the employer and the employee. Here are three things to consider when conducting those audits.

1. Compliance

Wage assignments and wage garnishments differ in many ways. In fact, a wage assignment is not a garnishment. 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 by the creditor.

Adding to the compliance challenge, there are several different types of wage garnishments, often with differing rules for each. For example, child support, bankruptcy and student loans are all types of wage garnishments. Wage garnishments for child support obligations are substantially governed by state law, which varies state to state, whereas garnishments for a bankruptcy plan are governed by federal law and garnishments for student loan debts are governed by either state or federal law, depending on the financing.

2. Efficiency

Businesses must be able to confirm when wage garnishments are initiated, when they cease and when more than one applies and in what order. This is what can make these withholdings complex — and messy. By having trackable systems in place, efficiency can be achievable.

3. Minimizing Stress and Anxiety

According to Workforce , wage garnishments can affect employee morale. Having wages withheld from paychecks may be a negative employee experience, especially when the employer has to get involved. For employers that are preparing audit-ready workplaces, these organizations face their own stress by potentially facing liability for noncompliance with respect to wage garnishment withholdings.

Having prudent processes in place may not only help with compliance and efficiency for the employer, but can also help alleviate stress for both the employee and the employer.

Learn about the ADP SmartCompliance® Wage Garnishment Module .

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Wage Assignment

What is wage assignment.

A wage assignment is essentially an agreement between a borrower and a creditor that allows the creditor to collect a portion of the borrower’s wages directly from their employer.

It is often used when the borrower lacks assets (like property) to offer as collateral, and so, their future wages serve as the primary means for repayment.

Wage assignments cover debts, taxes, or obligations like child or spousal support — basically allowing creditors to bypass court proceedings and ensure repayment while also helping borrowers meet both their debt obligations and necessary living expenses.

Its key purposes and uses include:

• Loan Collection: It’s used by small loan companies and credit unions to collect overdue payments.
• Debt Recovery: Collection agencies use wage assignments to recover unpaid debts without formal legal proceedings like garnishments.
• Debt Consolidation: Ensures that a portion of future wages goes toward repaying multiple debts in debt consolidation cases.

Wage assignments offer creditors a practical option for debt recovery when no physical assets are available.

What are different types of wage assignments?

There are two types of wage assignments:

Voluntary Wage Assignments and Mandatory Wage Assignments (also called involuntary wage assignments).

1. Voluntary Wage Assignments are when an employee agrees in writing to have part of their wages paid directly to a third party, like a creditor.

Here, the employee consents to this arrangement, and it typically covers only a portion of their wages. The agency handling the assignment needs to process it correctly but isn’t liable for any mistakes.

2. Mandatory Wage Assignments , also known as Involuntary Wage Assignments are required by law or a court order for things like child support, criminal fines, or overpayments of public assistance.

These assignments are enforced by legal authority, and the deducted amount can be higher than the limits usually applied to voluntary assignments. The agency must follow the court’s instructions and continue deductions until the debt is fully settled.

In short, voluntary wage assignments are based on the employee’s agreement, while mandatory wage assignments are enforced by legal requirements.

How Does Wage Assignment Work?

Here’s a simple explanation of how wage assignment works:

1. Agreement:

Firstly, the borrower signs an agreement allowing part of their wages to be deducted to repay a loan if payments are missed.

This allows the creditor to collect directly from the borrower’s paycheck without needing to go through the court system.

Also, note that the creditor can only start the process if the borrower is at least 40 days behind on their loan.

2. Notice of Intent:

Next, the creditor sends a “Notice of Intent to Assign Wages” to both the borrower and their employer at least 20 days before the deductions start.

The notice, sent by certified or registered mail, explains the creditor’s plan, includes the wage assignment form, the amount owed, and provides a revocation form and options for how the borrower can respond.

3. Demand Letter:

Once the notice period ends, the creditor sends a demand letter to the employer, detailing how much to deduct and including the wage assignment form.

4. Deductions Begin:

If the borrower hasn’t canceled the assignment and the loan is still overdue after 40 days, the employer will start making deductions from the paycheck.

The deduction can be up to 15% of the borrower’s total wages, salary, commissions, and bonuses, or the amount by which their weekly take-home pay exceeds $630—whichever is lower.

5. Stopping a Wage Assignment:

The borrower can cancel the wage assignment at any time by notifying both the employer and the creditor in writing. Note: This doesn’t eliminate the debt; the creditor may still take other actions, such as filing a court case, which could lead to wage garnishment.

6. Duration:

A wage assignment is valid for 3 years from the signing date. If the borrower changes jobs, it remains valid for 2 years. In case if deductions continue after this period, seeking legal advice might be necessary.

Note: Wage garnishments for child support and student loans can happen without the need for a court case.

What are the implications of Wage Assignment for employees & employers?

Here’s a table summarizing the implications of wage assignments for employees and employers, based on state-specific wage assignment laws:

Wage Assignment vs Wage Garnishment

This comparison should help you understand the key differences and roles associated with each type of wage deduction.

Frequently Asked Questions (FAQs)

1. who can request a wage assignment.

A. Creditors, like lenders or third-party agencies, can request a wage assignment if the employee has voluntarily agreed to it or if it’s required by law.

2. Can an employee contest a wage assignment?

A. Yes, employees can contest or cancel a wage assignment by notifying their employer and the creditor, though this can vary based on state laws.

3. Does an employer have to honor a wage assignment?

A. Employers only have to follow through with a wage assignment if it aligns with state laws or if they’ve agreed to it in writing, depending on the rules in their area.

4. Are there limits to how much can be deducted in a wage assignment?

A. Yes, there are usually limits—often up to 15% of total wages or based on minimum wage rules, depending on the state.

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What is a Wage Assignment?

A wage assignment is a deduction from an employee’s pay, which may be used to pay off debts, or to pay child or spousal support. Some loans stipulate to a wage assignment should they fail to make prompt payments to pay off the loan. In this case, if the loan is not repaid, money is deducted from an employee’s paycheck, either a specific sum or a percentage of earnings to collect debts owed.

There are two wage assignment types. One is voluntary, when an employee specifically asks his or her employer to deduct a portion of his/her wages to be paid to a designated third party. This is often easier for people than remembering to write important checks for loans or child support, or for things like payments of back taxes . The voluntary wage assignment tends not to reflect poorly on the employee, since it shows the employee is making a true effort to repay a loan or to honor financial obligations to others.

The second type of wage assignment is involuntary. It can also be called wage garnishment . This second type may occur when a person refuses to pay debts or agreed upon payments to a third party. Wage assignments of this second type may need to be honored by employers and may be requested by court order. Again, amounts can vary depending upon the financial obligations of the employee. Some wage assignments that are involuntary take a percentage of a paycheck, almost all of the paycheck, or a set amount. If an employee’s earnings increase or decrease, third parties may receive more or less money when the assignment is based on percentage.

If you do have to make a set payment, such as child support, creating a voluntary wage assignment is not a bad way to go. An involuntary assignment or garnishing of the paycheck suggests you may not be trustworthy or be able to live up to your obligations. It implies, even when this is not the case, that you have specifically resisted paying your debts, or worse, paying child support or spousal support. This can reflect on the employee’s character and might determine your future in a company.

Some individuals, if they have lots of debt, may have more than one wage assignment on a paycheck. Governments usually set a priority of which debts must be first addressed. If there is adequate money to cover all debt, the employee may still be able to make voluntary wage assignments, though some employers do charge for this extra service. When the assignment is involuntary, generally companies must comply with any mandated assignments, in the order in which the government determines. Where there is one income supporting a person, the wage assignment usually can’t remove all the money you make. Most assignments have to allow an employee to collect a subsistence income, unless that employee voluntarily assigns his/her wages in a different manner.

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Wage assignment and employers’ responsibilities

Tough economic times raise some tricky HR issues—for example, when an employee’s financial straits begin to affect his employer.

Must we honor a payday loan wage assignment?

Q. An employee borrowed money from a payday loan service at a very high interest rate that I feel is unfair. The payday loan service sent me a “wage assignment” notice and told me that our company must withhold money from his paychecks.  What is a wage assignment, and does our company actually have to honor it? A. A wage assignment is a document that allows a creditor to attach part of the employee’s wages if the employee fails to pay a specific debt. The creditor does not have to obtain a judgment in a court proceeding before requesting payment. Under the Illinois Wage Assignment Act (740 ILCS 170), private employers are obligated to honor a creditor’s properly served demand for a valid wage assignment, unless an employee presents a timely, valid , written defense to the wage assignment.

What constitutes a valid assignment?

Q. How can I tell if a wage assignment is valid? How long is it valid? A. A valid wage assignment document must have the words “Wage Assignment” printed or written in boldface letters of not less than ¼ inch in height at the head of the wage assignment and one inch above or below the line where the employee signs the assignment. The employee must have signed the document in person, and the document must show the date of execution, the employee’s Social Security number, the name of the employer at the time of execution, the amount of money loaned or the price of the articles sold or other consideration given, the rate of interest or time-price differential to be paid, if any, and the date on which such payments are due. A wage assignment is valid for no more than three years after the employee signs it and the employer’s name appears on it. If the employee changes jobs, the wage assignment is valid for two years, even though the new employer’s name does not appear on the assignment.

Handling wage assignments

Q. How does the wage assignment process start? A. Assuming that the wage assignment document complies with the formal requirements, the creditor must serve “demand to withhold” on the employer. The demand is valid only if:

The employee has defaulted on the debt secured by the assignment for more than 40 days, and the default has continued to the date of the demand.

The demand contains a correct statement of the amount the employee is in default, and the creditor provides an original or a photocopy of the assignment to the employer.

The creditor has served a “notice of intention to make the demand” upon the employee, with a copy to the employer, by registered or certified mail not less than 20 days before serving the demand.

Putting on the brakes

Q. Can an employee stop the wage assignment process? A. The employee does have a right to contest the demand. If an employee has a legal defense to the wage assignment, the employee may—within 20 days after receiving a notice of demand or within five days after the employer is served with the demand—notify the employer, in writing, of any defense to the wage assignment and send a copy of the written defense to the creditor by registered or certified mail.   As a result, the employee’s wages are not subject to a demand served by the creditor unless the employer receives a copy of a subsequent written agreement between the creditor and the employee authorizing such payments. Similarly, if the creditor receives a copy of the defense prior to serving its demand upon the employer, the creditor may not serve the demand upon the employer.  Whether the employee’s defense is legally valid is not an issue the employer must resolve. Instead, the employee and the creditor may attempt to reach another agreement or the creditor may simply bring a separate lawsuit against the employee to collect an outstanding debt. 

Calculating the wage assignment payment

Q. How much must the employer withhold—and when? A. The employer must begin payment to the creditor no sooner than five business days after service of such a demand.  The employer must withhold the lesser of:

15% of weekly gross wages

The amount by which the disposable earnings for a week (pay remaining after federal and state taxes, Social Security deductions and any other amounts required by law to be withheld, including required retirement contributions) exceed 45 times the federal minimum wage, unless a notice of defense is received within that five-day period.

The employer shall be paid a fee of $12 for each wage assignment. That $12 is credited against the debt.

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Wage Assignment

What Is a Wage Assignment?

A wage assignment is an agreement in which an employer assigns its right to a certain amount of wages to an employee when he or she is in default. A wage assignment is valid for three years from the date of execution and two years if the employee changes jobs. The process begins when an employee has been in default for 40 days or more and continues to the date of the demand. The demand must be signed by the employee and contain an accurate statement of the amount in default. It must also be signed in an original or photocopy form.

Payday lenders

If you are looking for payday loan companies that will take money from your payroll, you’ll want to be aware of their policies. Some payday lenders use a process called ACH authorization, which allows them to take your repayments automatically from your bank account. This method may not be convenient if you live week-to-week or are not comfortable with the idea of a monthly deduction. However, if you are in need of money right away, it may be easier to go with a different method, such as a check or a wire transfer.

Voluntary wage assignment is a common method used by payday and small loan lenders to collect debts. The reason for this is that these companies understand that debtors sometimes struggle to make ends meet. In addition to their high interest and fees, they also experience “payment shock” and may want to avoid making payments when they are due. If you’re facing financial problems and want to find a way to pay your bills, you can seek help from a payday lender.

Involuntary wage assignment is a legal process in which creditors take funds directly from an employee’s paycheck. Although it is legal, you have the right to stop wage assignment at any time. If you agree to this process, you need to understand what it means and what you can do to stop it if necessary. Payday lenders for wage assignment are generally used to pay back debts such as loans, back taxes, or child support. Before agreeing to this practice, be sure to understand your rights and responsibilities.

Child support offices

Wage assignment allows you to deduct child support directly from your paycheck without ever visiting a support office. This works only when you’re a salaried employee. It also ensures that you pay your child support on time. In addition to providing you with a record of payments, wage assignment also allows the non-custodial parent to check his or her child support statement against the wage assignment to ensure that he or she is making the necessary payments.

Wage assignment is only allowed if the court has ordered it. An employer who refuses to follow a wage assignment order is in contempt of court. Fines, penalties, and money owed under an order can result if an employer fails to comply. Wage assignment orders contain information on how much child support should be withheld from each pay period. The child support enforcement agency can use this information to set the amount and when payments should be made.

Wage assignment can be submitted directly to the court or served to the employer. Once signed by a judge, the assignment will be served on the employer. The child support enforcement offices at 3701 Power Inn Road are available to help parents enforce their child support orders. Whether you are self-employed or a business owner, the DCSS is here to help. Using their services is free and does not require you to be on public assistance.

Wage assignment orders are legal processes by which creditors are allowed to withhold a portion of an employee’s paycheck to pay debt. The employee consents to the process by signing a form, which directs the employer to withhold a certain amount of money from the employee’s paycheck. The money is sent to the court, child support office, or person owing the debt . However, there are some important aspects of wage assignment that every employee should be aware of.

Wage assignment demands are only valid for wages due at the time of service. They do not apply to wages owed to any other employer, but to all subsequent wages until the full amount of the assignment is paid. The assignment is valid for two years, or until the employee revokes it. The employee must then make payments to the assigned debt until the full amount of the debt is paid. If the employee does not make payment within that time, the assignment will be void and unenforceable.

Wage assignments should be updated to reflect any changes in employment. The name of the employer on the original wage assignment must match the name on the amended wage assignment. If the debtor changes employers, a new wage assignment is required. If the debtor changes employers, the creditor must file for a new wage assignment. If the employer terminates the wage assignment, it must state the name of the debtor and the new employer.

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