Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 170/2

(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 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.

(Source: P.A. 99-903, eff. 1-1-17.)