(740 ILCS 170/2) (from Ch. 48, par. 39.2)
Sec. 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 photostatic copy of the assignment is exhibited to the employer; and
(3) Not less than 20 days before serving the demand,
a notice of intention to make the demand has been served upon the employee, and an advice copy sent to the employer, by registered or certified mail.
Service of any demand without complying with this Section has no legal effect.
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 until the expiration of the employer's payroll period ending immediately prior to 84 days after service of such demand, whichever first occurs.
(Source: P.A. 88-395.)
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Last modified: February 18, 2015