notice of voluntary wage assignment intent

Voluntary Wage Assignments and Why You Should Avoid Them At All Costs

You would never hand over your paycheck to a creditor, would you?  Of course if you were under threat or order by a court you may hand over your paycheck; but never voluntarily. Right? Well, surprisingly many debtors do just that when they agree to “voluntary wage assignments.” A voluntary wage assignment is an agreement between a creditor and debtor that says the lender can deduct a certain amount of money from the debtor’s paycheck to repay a loan.

Voluntary wage assignments are commonly used by payday lenders. Surprised? You shouldn’t be.  Payday lenders understand that the reason debtors use their “services” is because they are financially strapped and desperate for cash.  But because their interest rates and fees are astronomically high, most debtors experience “payment shock” and may try to avoid paying them when the bill is due. So to protect their interests in the loan, payday lenders are now using voluntary wage assignments to increase their chances of getting paid.

How Voluntary Wage Assignment  Works

A voluntary wage assignment works just like a wage garnishment , except that the debtor has agreed to it. If a debtor defaults on the payday loan, the lender can then garnish the debtor’s wages without going to court. Once a debtor defaults on their payday loan, the lender will send the debtor a notice informing them that they plan to implement the voluntary wage assignment (i.e. wage garnishment).  This usually happens 20 days before the wage assignment notice is sent to the employer.   A wage assignment is valid for up to 3 years . In other words, the payday lender could technically garnish your wages for 3 years or until the loan is repaid.

For obvious reasons, agreeing to a wage assignment isn’t smart. You give the payday lender access to your wages and make it easier for them when you are not legally required to do so.  Signing a voluntary wage assignment can place you and your family in dire straits, if the lender garnishes wages that you need for your mortgage/rent, food and medical care. If you have signed a voluntary wage garnishment, you can revoke the agreement by sending the lender a letter.  Remember, Payday Loans are Dischargeable in Bankruptcy

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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 Overview

Usually, a creditor has to go to court to take part of your wages. This is called wage garnishment .

However, if you signed a form agreeing to a wage assignment, a creditor can take your wages without first going to court. You may agree to a wage assignment when you sign a loan contract. This allows your creditor to have money deducted from your wages if you don't pay.

Starting a Wage Assignment

You must be at least 40 days behind on your loan before the creditor can have your employer start taking money out of your paycheck.

First, the creditor must mail you and your employer a Notice of Intent to Assign Wages 20 days before they can make the demand. The notice has to be sent to you by certified or registered mail. You should receive advance warning that money will be deducted from your wages.

The notice must follow a specific form and must include the following information:

• be sent to you and your employer;
• be sent by registered or certified mail;
• inform you the creditor will demand part of your wages from your employer in 20 days;
• include a copy of the wage assignment; 
• tell you how much you owe; 
• include your options to respond to the notice; and
• include a revocation notice form.

The creditor then must send a demand letter to your employer. The demand must contain the correct amount in default and include a copy of the assignment. If the notice or demand does not follow the requirements of the law, they have no legal effect.

If you do not revoke the wage assignment, then 20 days later (once the loan is 40 days past due), your employer will start paying a portion of your paycheck to the creditor to pay off your debt.

Day One: Loan is past due

Day 20: Creditor sends notice

Day 40: Wage assignment begins.

Amount of a Wage Assignment

The creditor may take from your paycheck whichever amount is less between the following two options:

• 15% of your total wages, salary, commission, and bonuses for any workweek; or
• The amount your take-home pay (after taxes and other withholdings) for a week is over $630 (which is 45 times the 2024 state minimum hourly wage ).

That means that you can only have a wage assignment if you take home over $630 per week.

Stopping a Wage Assignment

You can stop a wage assignment at any time for any reason. If you don't want the deduction to happen, write a letter to your employer and creditor stating you are canceling the wage assignment. Remember, you will still owe the money. The creditor can use other methods to collect it. That probably means a court case, which may end with an involuntary wage garnishment.

Length of a Wage Assignment

A wage assignment is good for 3 years from the date you signed the wage assignment. But, if you changed jobs after you signed the wage assignment, the wage assignment is only good for 2 years from the date you signed the wage assignment.   If a creditor tries to collect money from your paycheck after the time period expires, you should talk to a lawyer. You might be able to sue the creditor in court.

Note : Child support and student loans can also result in garnishments without a court case.

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Illinois Garnishments News: Wage Assignments No Longer Expire in 84 Days

Recently, illinois revised its wage assignment law. this development is important for multistate employers because illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages..

Recently, Illinois revised its wage assignment law. This development is important for multistate employers because Illinois is the only state with a statute that clearly and unequivocally provides that employers must honor contracts employees make with third parties to assign wages. Under the Illinois Wage Assignment Act, 740 ILCS §§170/.01 et seq ., there are detailed steps that a creditor must take with an employee for an assignment to be legal and then again with the employer for the assignment to be enforceable against the employer. A highlight of three key changes to the law follows:

• The revised statute eliminated the provision providing that the duration of deductions was only an 84-day period. After this period, the creditor had to restart the “Notice and Demand” process from the beginning in order for the employer to restart wage deductions. Now, under the revised statute, a valid wage assignment lasts until paid, but no longer than three years if the current employer is named on the assignment or two years if the current employer is not the one named on the assignment.
• The revised statute added recognition of Federal Trade Commission (FTC) regulations that require wage assignments derived from credit transactions regulated by the FTC to be revocable at the will of the debtor. Since state laws cannot contradict federal law, this change is academic, but it does provide clarity to all involved parties.
• The revised statute changed some of the statutory verbiage on the required Notice and Demand, including adding an entirely new document called “Understanding Your Choices Under the Illinois Wage Assignment Act.”

Martin C. Brook , a shareholder in the Detroit (Metro) office of Ogletree Deakins, is the author of OD Comply: Garnishments , a comprehensive subscription-based product compiling state law garnishment requirements in concise, user-friendly formats with links to state garnishment forms. OD Comply: Garnishments is updated and provided to  OD Comply subscribers as the law changes.

For further information on garnishment issues and best practices, join Martin for “Garnishments and Other Wage Attachments: Answering, Administering, and Troubleshooting,” a full-day seminar that will take place on April 11, 2017, in Phoenix, Arizona. Register here .

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• How to Obtain a Garnishment Order
• How to Stop Wage Garnishment?
• Bankruptcy and Wage Garnishment
• Garnishment Laws Blog

Wage Assignments in Consumer and Other Contracts

Most of the time an employee knows when his wages are about to be garnished: He is sued, the court enters a judgment against him for the amount owed, and thereafter a wage garnishment order ensues. The employee has plenty of time to plan for it, forewarn his employer, and make the process as palatable as possible, should a repayment arrangement not be possible.

Not so for many of the so-called “voluntary” wage assignments that are being included in consumer credit and loan agreements with greater regularity than ever before. These provisions allow the creditor to skip the formality, delay, and expense of the legal process altogether, and go straight to the employer with a demand for garnishment.

An employee typically does not learn about this kind of garnishment until after the garnishment has taken place and he notices his pay check is short.

Difference between Wage Assignments and Wage Garnishment Orders

Technically speaking, a wage assignment is a provision in a private agreement — often a consumer credit agreement like the ones used in buying a refrigerator.

The “wage assignment” provision assigns the borrower’s future wages to the creditor in the event of default by non-payment. If a default occurs, the creditor in effect forecloses on the security (the wages) by sending a garnishment demand to the employer. Usually, the letter is written by the creditor’s attorney or billing department.

To enforce a wage assignment, no court process is involved. That’s the nature of the provision. It says no court process need be involved and authorizes the creditor to skip the time and expense of court and go straight to the employer. It also, of necessity, eliminates the debtor’s opportunity to challenge the debt in court or seek limitations on the garnishment.

Most garnishments are based on a judgment or court order and constitute official orders of the court. The request for garnishment is made to the court and the court grants the request by issuing a garnishment order. This is the case for most wage garnishments for child support.

Types of Voluntary Wage Assignments

Voluntary wage assignments, often simply called “wage assignments,” are those that the indebted employee enters into by agreement. He may agree to it by signing a consumer credit or loan agreement, or he may agree to repay a debt by entering into a repayment agreement with a wage assignment provision.

The typical wage assignment provision allows the employer to take the employee’s future wages as security for the debt involved. In the event of default or nonpayment, it authorizes the creditor to go straight to the employer with a demand for wage garnishment, no court filing or judgment required.

Considering these wage assignments as “voluntarily” is a stretch. Most borrowers don’t read the fine print in consumer contracts and loan papers, have no bargaining strength to oppose these provisions even if they want to, and don’t learn about the wage assignment until it is too late to do anything about it.

Nonetheless, unlike a court order, they do have a voluntary component in that the borrower chose to obtain the credit and afterwards to use it to buy goods or services or receive cash.

Federal Garnishment Law Does Not Protect Wage Assignments

In 1970, Congress passed Title III of the Consumer Credit Protection Act. Under that Act, the federal government took control over wage garnishment proceedings for the first time.

Generally speaking, this law limits the extent to which earnings can be garnished to 25% of “disposable earnings” or to amounts above 30 times minimum wage, whichever is less. It also prohibits the employer from terminating an employee for any wage garnishment based on a single debt.

The definition of “disposable earnings” is key to the determination of the maximum allowed garnishment. “Disposable earnings” means earnings after reduction for legally-required deductions like federal, state and local taxes, the employee’s share of State Unemployment Insurance and Social Security, and Worker’s Compensation.

Importantly, the permitted deductions DO NOT include sums withheld as part of a voluntary wage assignment; as such deductions are not legally required. What this means is that wage garnishment protections do not take into account the effect of voluntary wage assignments. Also, they do not apply to real estate purchases (which have specific contracts).

Furthermore, because wage assignments are not technically considered garnishment under federal law, an employer can lawfully terminate an employee for a single garnishment based on a voluntary wage assignment. Put another way, the anti-termination protections of federal law do not apply to wage assignments.

State Law Limitations on Wage Assignments

Many states have passed laws making wage assignments invalid, due to their intrusive and potentially devastating effect on borrowers. Some states bar any form of wage assignment, while others limit wage assignments to only child or spousal support.

Still others require the written consent of both spouses, or the execution of an entirely separate document addressing the assignment (so as to prohibit it from being buried in the fine print). In all cases, the employer need not comply with an illegal wage assignment, and often would be legally liable for doing so.

Needless to say, the field of voluntary wage assignments is a complicated one. Consulting with an experienced labor and employment, debtor-creditor, and/or consumer counsel is an important part of properly navigating this area of employment.

Citations/references

Federal statute: title iii, consumer credit protection act (ccpa), 15 usc, §§1671 et seq., code of federal regulations: 29 cfr part 870, u.s. wage and hour division: fact sheet #30 – the federal wage garnishment law, consumer credit protection act’s title iii (ccpa), field operations handbook – 02/09/2001, rev. 644, chapter 16, title iii – consumer credit protection act (wage garnishment), summary of state laws on garnishment: http://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter2-9.html.

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What Is a Wage Assignment?

How wage assignment works.

• Why Are Wage Assignments Voluntary?

Wage Garnishment

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• Credit & Debt
• Debt Management

Wage Assignment: What It Means, How It Works

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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Wage Garnishment & Assignment: 4 must knows for employers

By Julie Farraj

Feb. 15, 2017

Proper management of wage garnishment can be especially crucial to growing businesses because as their hiring increases, they may also be inadvertently increasing their garnishment liability. That’s why it’s important for an employer to remember four things can help appropriately and accurately process wage garnishments while remaining compliant.

1. All garnishments are not the same.

Here’s a basic wage withholding definition: When an employee fails to repay a debt, a wage withholding court order can be issued against the employee’s earnings to satisfy that debt. This court order — also called a wage garnishment — requires the employer to withhold a portion of the employee’s wages and forward them to a third party. Wage garnishment orders also can be issued by government agencies such as the IRS, state tax agencies and the U.S. Department of Education.

Simple, right? A business receives an order about one of its employees and refers it to its payroll department to process by withholding the appropriate wages and forwarding it to the proper recipient.

There are six common types of wage garnishment. They are:

Child support garnishment comprises by far the highest volume of orders employers process, and, while some of the laws are very standardized, the law can vary by state.

Creditor garnishments are debts that occur when a person is delinquent on consumer payments (e.g. credit card debt). The creditor may take the debtor to court and seek a wage withholding order for the outstanding debt.

Bankruptcy orders . Based on research from the American Bankruptcy Institute , 97 percent of all bankruptcies are personal filings rather than business filings.

Student loans may be collected by the U.S. Department of Education, which may contract with collection agencies to enforce and collect the defaulted loans.

Tax levy garnishments can be issued at the federal, state or local level. Each state differs in its requirements and those laws may differ from federal levies.

Wage assignment occurs when an employee voluntarily agrees to have money withheld from his or her wages. Wage assignments are governed by state law and do not involve a court order. Since they are voluntary and the employee specifies the amount to withhold, they do not fall under the requirements of the Federal Consumer Credit Protection Act.

It’s important that employers keep in mind the type of debt owed, the party collecting it, and the laws applicable to that debt. Knowing which laws, rules, and regulations apply and keeping current on them when processing wage garnishments can be challenging for employers, and, if done incorrectly, may expose employers to various liabilities and penalties.

In addition, the six types of wage garnishments noted above are the most common wage garnishments; employers may receive other less common types of wage garnishments. It’s the employer’s responsibility to comply with and make sure all orders are processed in a timely manner and correctly whether or not they are familiar.

2. Wage garnishment can affect employee productivity and morale.

Most employers recognize that wage garnishment has a direct impact on employees. However, this impact can extend beyond their paychecks. Processing garnishments is not as straightforward as simply withholding wages from an employee’s paycheck and sending a payment. The process is far from simple and can be complicated by myriad emotions.

Employees often find it humiliating because the courts have intervened and employers have become involved in their private struggles.

Employees in this position may feel that they’re now working for the institutions to which they’re indebted rather than for themselves and their futures. Stress and anxiety are often natural extensions of the garnishment process.

An affected employee’s anxiety could show itself through decreased productivity or a lack of motivation. Employers can help affected employees and potentially decrease future garnishments by providing financial wellness training and counseling, as well as tax education, to help employees manage debt.

3. Wage garnishment can affect an employer’s finances and business efficiency.

Employees aren’t the only ones affected by wage garnishment. Employers expose themselves to financial and legal risk when they incorrectly garnish an employee’s wages, fail to file in a timely way, file a defective response, fail to follow specific requirements when sending payments, or make other missteps with a garnishment. Mishandling a garnishment can lead to a judgment against the employer for the entire amount of the employee’s debt, a lawsuit from the creditor or the employee, or other costs or penalties that the employer didn’t anticipate or budget for.

In the instance of garnishments for child support, employers could potentially feel the impact of laws designed to restrict travel. For instance, the Social Security Act was amended in 1997 with a sub-section that established the denial, revocation, or restriction of U.S. passports if the non-custodial parent has child support arrears of $2,500 or more. Additionally, some state agencies have the authority to deny or revoke drivers’ and professional licenses for past-due child support obligations .

If your business requires employees to travel internationally or employs drivers, these laws could impact an employee’s ability to do his or her job effectively and, by extension, impact the efficiency of your business.

Another current area of focus that could impact employers is in the creditor garnishment arena. Currently, the American Payroll Association is working with the Uniform Law Commission to establish a standardized processing for creditor garnishments through the Uniform Wage Garnishment Act, which proposes to standardize the wage-garnishment process for employers, employees and creditors. Currently, state laws differ significantly in their requirements regarding wage garnishment, from the beginning to the end of the garnishment, and are often outdated. This means businesses that operate in multiple states must identify and abide by these different legal requirements, which can potentially lead to processing errors, confusion, inefficiency and noncompliance.

Companies can help manage these challenges if they become familiar with garnishment laws and guidance from agencies such as the Federal Office of Child Support Enforcement, develop reliable and timely procedures for garnishment processing and ensure that policies are administered fairly for all employees facing a wage garnishment.

It may be useful to develop tools, resources and strong contacts with agencies, courts and garnishors. Staying close to these agencies may help your business remain aware of major changes to wage garnishment laws.

Consider participating in state and federally initiated pilot projects. These programs are valuable opportunities to positively build relationships, influence initiatives and provide needed feedback. Make sure you have established a way to monitor legislation that could affect garnishment processing.

Other steps an employer can take include participating with committees, attending conferences regarding wage withholding, and leveraging other contacts you’ve developed with the agencies, those imposing wage garnishments, or other employers.

4. Paper processing is the not the only option.

A study by the ADP Research Institute revealed that 7.2 percent of employees had wages garnished in 2013. Keeping pace with the proper and timely processing of wage garnishments is challenging for many businesses.

As wage garnishment volumes and laws intensify, garnishment processors have the option to use electronic funds transfer, or EFT, to save time, increase efficiency, streamline processes and potentially reduce costs.

Currently, virtually every child support state agency has the ability to accept child support payments via EFT, and some have even mandated employers to send payments electronically. Some tax levy agencies, trustees and student loan agencies also are implementing electronic payment capabilities. In addition to business efficiencies, EFT enables greater security of personally identifiable information, such as Social Security numbers.

Minnesota has passed legislation requiring employers to electronically file their response to a state tax garnishment summons with the state tax agency, and Wayne County Court in Michigan is piloting the option of electronic responses.

Electronic income withholding orders are already very popular. These enable states to electronically distribute income withholding orders and employers to electronically accept or reject them.

Clearly, wage garnishment can have a profound effect on the employee who is being garnished, as well as the employer who must implement the garnishment. It’s important for businesses of all sizes to understand the different types of wage garnishment, familiarize themselves with the laws governing them, and learn ways to accurately and efficiently process them.

Using best practices can help streamline an employer’s responsibilities and ease the potential anxiety an employee may feel with this sometimes-necessary workforce issue.

Julie Farraj is vice president of Garnishment Services for ADP Added Value Services. Comment below or email [email protected].

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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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How Can I Stop a “Voluntary Wage Assignment”?

Home » Blog » How Can I Stop a “Voluntary Wage Assignment”?

Posted in Creditor Actions

By J. Douglas Hoyes, CA, LIT

Reading time: 3 minutes

Some lenders require their borrowers to sign a form called a “Voluntary Wage Assignment” which allows the borrower’s wages to be garnisheed if they do not repay the loan as agreed.  Payday loan companies and Credit Unions commonly ask borrowers to sign these types of forms. However not all wage assignment agreements are enforceable by law.

A voluntary wage assignment is an agreement between a debtor and a creditor which allows an amount to be deducted from the borrower’s wages to repay a debt. When a loan is in default, a signed wage assignment form is sent to the borrower’s employer requesting the company begin withholding an agreed amount from their wages and remit this amount to the creditor.

I am often asked if it is possible to stop a voluntary wage assignment without declaring personal bankruptcy. Here are the facts:

• In order to garnishee your wages in Ontario, a creditor must take you to court and sue you, and then obtain a Garnishment Order from the court.
• The only exceptions are a Credit Union to whom you have given an assignment of wages, or Canada Revenue Agency.
• In Ontario, Section 7 of the Ontario Wages Act specifically prohibits the assignment of wages to secure payment of a debt except in the case of a Credit Union.
• If any other creditor has not taken you to court, and has not obtained a Garnishment Order, the only way that the voluntary wage assignment can be enforced is if you consent to the employer garnisheeing your wages.

What that means is that only a Credit Union is legally able to enforce a wage assignment agreement in Ontario.  You can ‘un’-volunteer yourself from a voluntary wage assignment with a payday loan company or any creditor other than a Credit Union .

While generally, you can ask your employer to stop a voluntary wage assignment, the wage assignment may be a symptom of a greater financial problem and if you have received a legal garnishment order, there are options to stop a wage garnishment .

Can payday loan companies garnish your wages?

Payday loan companies often ask you to sign a voluntary wage assignment as part of the loan process. However these voluntary assignments are unenforceable.  Even though you have signed the voluntary wage assignment form, the form is not legally binding in Ontario; you can instruct your employer to not enforce it, and your employer is required to do as you ask.

Payday loan companies can, however, still go to court if they wish and obtain a legal garnishment order. If they, or any creditor, has obtained a court order granting them permission to garnish your wages, then your employer is required to comply.

If you are having problems meeting your financial obligations, please contact us to arrange a no charge consultation with one of our professionals to talk about your debt relief options.

Similar Posts:

• Wage Garnishing: Know Your Rights
• Stopping A Wage Garnishment with a Consumer Proposal
• How do I Stop a Wage Garnishment by Making a Deal with My Creditor?
• How to Stop a CRA Wage Garnishment
• What to Do When Creditors Threaten Legal Action

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Complying with the Credit Practices Rule

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Introduction

How the credit practices rule affects consumer contracts, what the rule requires, who must comply, what transactions are covered, how penalties are assessed, how exemptions are granted, how to comply with the rule, prohibited contract provisions, confessions of judgment, waivers of exemption, wage assignments.

• Security Interest in Household Goods

Notice to Cosigners

Late charges.

The Federal Trade Commission staff prepared this business booklet to help finance companies, retailers, and other creditors comply with the Credit Practices Rule, which went into effect March 1, 1985. This booklet tells you what the Credit Practices Rule requires, who must comply, and what transactions are covered. It also discusses liability for rule violations and how exemptions are granted.

The Credit Practices Trade Regulation Rule has three major provisions. First, it prohibits creditors from using certain contract provisions that the Federal Trade Commission found to be unfair to consumers. The prohibited contract provisions are confessions of judgment, waivers of exemption, wage assignments, and security interests in household goods. Second, the Rule requires creditors to advise consumers who cosign obligations about their potential liability if the other person fails to pay. Third, the Rule prohibits late charges in some situations.

This Rule applies to all creditors subject to the jurisdiction of the Federal Trade Commission. It includes all finance companies, retailers (such as auto dealers and furniture and department stores), and credit unions that offer consumer credit contracts. Similar rules have been passed by the Federal Reserve Board and the Federal Home Loan Bank Board for banks, savings and loan associations, and other institutions under their jurisdiction.

The Rule covers all consumer credit transactions, except those involving the purchase of real estate. It covers loans made to consumers who purchase goods or services for personal, family, or household uses, even though those loans may be secured by real estate owned by the consumers. The Rule also applies to the sale of goods or services under lease-purchase plans.

However, contracts with your customers signed before March 1, 1985, which contain the four prohibited provisions -- confessions of judgment, waivers of exemption, wage assignments, or security interests in household goods -- are enforceable and not in violation of the Rule. Similarly, you may collect debts from cosigners who became obligated before the effective date of the Rule, even though they did not receive the notice that the Rule requires. On the other hand, after March 1, 1985, you may not collect late fees that are prohibited by the Rule, even if the contract was signed before that date.

The Federal Trade Commission can sue violators of the Credit Practices Rule in federal court. The court can impose civil penalties of up to $51,744 for each violation and can issue an order prohibiting further violations.

A state may petition the Commission at any time for a state-wide exemption from any of the Rule's provisions, as noted under 16 C.F.R. Section 444.5 of the Rule. If the Commission finds that the state law affords a level of protection to consumers that is substantially equivalent to, or greater than the protection afforded by the Rule and the state has the ability to enforce and administer that law effectively, an exemption may be granted. Filing an exemption petition, however, does not stay the Rule, which remains in effect in that state until the exemption is granted.

Any person to who the Credit Practices Rule applies, including creditors, also may petition the Commission for exemption from any of the Rule's provisions (Federal Trade Commission's Rules of Practice, 16 C.F.R. Section 1.16).

This section points out the important parts of the Rule and explains how to comply. It discusses the prohibition against certain contract provisions; the required use of a certain cosigner notice; and the prohibition against late charges in certain situations.

Certain consumer provisions, which you may have used in consumer credit contracts, are now prohibited. These include: confessions of judgment; waivers of exemption; wage assignments; and security interests in household goods. If your consumer credit contracts contain language that requires a debtor to confess judgment, to waive exemptions, to assign wages or income, or to give you a blanket security interest in all household goods, you should remove that language from all contracts signed on or after March 1, 1985. If you have not done so, you are in violation of the Rule.

In states that have not specifically outlawed the practice, certain consumer credit contracts have contained language taking away certain rights that consumers being sued would ordinarily have. The include the right to receive notice of the suit, to appear in court, and to raise any defenses that they may have. This provision, usually called a "confession of judgment," allowed judgment to be entered for the creditor automatically when the creditor sued the debtor for breach of the contract. The Rule now prohibits creditors from including confession of judgment provisions, such as the following, in consumer credit contracts:

To secure payment hereof, the undersigned jointly and severally irrevocably authorize any attorney of any court of record to appear for any one or more of them in such court in term or vacation, after default in payment hereof and confess a judgment without process in favor of the creditor hereof for such amount as may then appear unpaid hereon, to release all errors which may intervene in any such proceedings, and to consent to immediate execution upon such judgment, hereby ratifying every act of such attorney hereunder.

The Rule's prohibition against "confessions of judgment," however, does not prohibit power-of-attorney provisions that allow you to repossess and sell collateral, as long as these provisions do not interfere with the consumer's right to be heard in court. The Rule also does not prohibit a consumer from acknowledging liability after suit has been filed and the consumer has been duly notified. The Rule is not intended to interfere with whatever rights you have to repossess secured property.

Previously, some consumer credit contracts contained "waiver of exemption" provisions that permitted creditors to seize (or threaten to seize) specific possessions or possessions of a specified value, even if state law treated them as exempt from seizure. Every state has a law that defines certain property (generally, property considered necessities) that a debtor is allowed to keep even if a creditor sues and obtains a judgment. By signing a waiver of exemption, a debtor made that property available to a creditor who obtained a judgment to satisfy a debt. Clauses such as the following are no longer permissible under the FTC Rule:

Each of us hereby both individually and severally waives any or all benefit or relief from the homestead exemption and all other exemptions or moratoriums to which the signers or any of them may be entitled under laws of this or any other State, now in force or hereafter to be passed, as against this debt or any renewal thereof.

The Rule's prohibition against "waiver of exemption" provisions does not prevent you from using particular kinds of collateral. However, if state law provides an exemption for certain kinds or amounts of property, the contract cannot contain a provision causing the consumer to give up that protection. In that case, an unsecured creditor who obtained a judgment could not seize that property. Nonetheless, if you have a valid security interest in property, your security interest would not be affected, even if that property is exempt by state law. However, this provision of the Rule should be considered with another Rule provision that prohibits the taking of a security interest in certain property defined as household goods.

Previously, if consumers did not pay as agreed, some consumer credit contracts permitted creditors to go directly to the consumers' employers to have their wages, or some part of them, paid directly to the creditors. Under the Rule's prohibition against "wage assignments," your consumer contracts may not provide for the irrevocable advance assignment to you of any money due consumers because of their personal services (usually through employment) if they do not pay as agreed. The Rule prohibits irrevocable assignments to creditors of salaries, commissions, bonuses, pensions, and disability benefits, as well as wages due to consumers.

Below is an example of a wage assignment provision that is no longer permitted in consumer credit contracts:

If default be made in payment of the above-described debt, which is the time balance (Total of Payments) due on a retail installment contract, each of the undersigned hereby assigns, transfers and sets over to the above-named assignee, wages, salary, commissions, bonuses and periodic payments pursuant to a retirement or pension plan due or subsequently earned from his present employer or from any future employer within a period of two (2) years from the date of execution hereof. This assignment shall remain effective as to all of the undersigned Debtors.

The amount that may be collected by assignee here on shall not exceed the lesser of (1) 15% of the gross amount paid assignor for any week, or (2) the amount by which disposable earning for a week exceed thirty times the Federal Minimum Hourly Wage in effect at the time the amounts are payable; and shall be collected until the total amount due under this assignment is paid or until expiration of employer's payroll period ending immediately prior to 30 days after service of the demand hereon, which first occurs. This Wage Assignment shall be valid for a period of three years from date hereof.

The term "disposable earnings" means that part of the earnings remaining after deduction of any amounts required by law to be withheld.

The assignor(s) hereby authorize, empower, and direct his/their said employer(s) to pay assignee any and all moneys due or to become due assignor(s)_ hereon, authorize assignee to receipt for the same and release and discharge employer from all liability to assignor(s) on account of moneys paid in accordance herewith. no copy hereof shall be served on employers(s) except in conformity with applicable law.

However, the Rule specifically permits you to use payroll deduction plans where consumers choose to pay by regular deductions from paychecks. Such payroll deduction plans may provide that, if borrowers change employers, final paychecks will be assigned to you to be credited toward balances due on loans, without notice to debtors and without allegations of default or delinquency. Your contracts also may provide for wage assignments that can be revoked at will by consumers and for assignments of wages already earned at the time of the assignment. In addition, you may require that the revocation of a voluntary wage assignment be in writing.

The Rule's prohibition against "wage assignments" does not prohibit garnishment. If a creditor obtains a court judgment against a debtor, the creditor may continue to use wage garnishment to collect that judgment, subject to the consumer protections provided by federal (and sometimes state) law.

Security Interests in Household Goods

Previously, some consumer credit contracts contained non-purchase money security agreements that allowed a creditor to repossess many household goods in the consumer's home if the consumer did not pay as agreed. Now your contracts cannot use language, such as the following, that provide for repossession of certain household goods specified in the Rule:

This not is secured by a security interest in consumer goods consisting of all household goods, furniture, appliances, and bric-a-brac, now owned and hereinafter acquired, including replacements, and located in or about the premises at the Debtor's residence (unless otherwise stated) or at any other location to which the goods may be moved. In addition, all other goods and chattels of like nature hereafter acquired by the Debtor and kept or used in or about said premises and substituted for any property mentioned. Proceeds and products of the collateral are also covered.

The Rule's definition of "household goods" includes household necessities such as clothing, appliances, and linens, and some items of little economic value to you, but of unique, personal value to the consumer .These may include items such as family photographs, personal papers, the family Bible, and household pets. Excluded from the definition of household goods are:

Works of art, electronic entertainment equipment (except one television and one radio), items acquired as antiques (more than 100 years old), and jewelry (except wedding rings).

The rule permits consumers to offer as security these valuable possessions to obtain credit as well as pianos or other musical instruments, boats, snowmobiles, bicycles, cameras, hoe workshops, and similar items.

Under the Rule, you may continue to take "purchase money security interests" in any household goods when the consumer uses the loan proceeds or the credit advanced to purchase the household goods. If you refinance or consolidate an agreement with a purchase money security interest in household goods, you may retain the purchase money security interest as a part of the refinanced or consolidated agreement to the extent permitted by state law. If you take possession of the secured property (as in pledge agreements that pawnbrokers commonly use), the Rule permits a security interest even if the property pledged is household goods.

If you require a cosigner for a loan applicant who does not meet your standards of creditworthiness or for debtors in default, the Rule requires you to inform each cosigner of the potential liability involved before the cosigner becomes obligated for the debt. You must use the following statement:

Notice to Cosigner

You are being asked to guarantee this debt. Think carefully before you do. If the borrower doesn't pay the debt, you will have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibility.

You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which increase this amount.

The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become a part of your credit record.

This notice is not the contract that makes you liable for debt.

If a state statute or regulation requires a different notice to cosigners, you may include that notice on the document if it is not inconsistent with the notice required by the Rule. If a statement in the FTC notice (such as one that says you can collect from the consigner without first trying to collect from the primary debtor) is inaccurate under state law, you may omit it from the notice used in that state.

You need not give the notice to someone who signs a security agreement, when there is no personal liability for the debt. On a revolving charge account, you only need to give the notice to a cosigner once, when the account is opened.

You may print the cosigner notice on your letterhead and include identifying information, such as the credit account number, the name of the cosigner, the amount of the debt, and the date. You also may provide a signature line for the cosigner to acknowledge receipt of the notice. However, you may not include any additional statement in the notice that would distract the cosigner's attention from the message in the notice (But you may add whatever additional information you wish to your own file copy of the notice.) You may not attach the notice form to other documents unless is appears before any other document in the package.

The cosigner notice should be in the same language as the agreement to which it applies. For example, if the agreement is in Spanish, the cosigner notice also should be in Spanish.

If you use cosigners in your consumer credit contracts and these contracts were signed on or after March 1, 1985, you should provide those cosigners with the notice required by the Rule. If you are not doing so, you are in violation of the Rule.

A "cosigner" is different from a co-buyer, co-borrower, or co-applicant because a cosigner receives not tangible benefit from the agreement, but undertakes liability as a favor to the main debtor who would not otherwise qualify for credit. On the other hand, a co-buyer (one who shares in the purchased goods), a co-borrower (one who shares in the loan proceeds), or a co- applicant or co-cardholder (a person who is authorized to use a credit card account) do receive benefits. Therefore, they are not considered cosigners under the Rule, and you are not required to provide the notice to them.

Some creditors previously calculated late fees for delinquent payments using a practice called "pyramiding" of late charges. When one payment was made after its due date and a late fee was assessed but not paid promptly, all future payments were considered delinquent even though they were, in fact, paid in full within the required time period. As a result, late fees were assessed on all future payments. In other words, each successive payment was considered "short" by the amount of the previous late charge, with the result that another late charge was imposed.

For More Information

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues , visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network , a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. 

[Note: Edited January 2024 to reflect Inflation-Adjusted Civil Penalty Maximums .]

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2005 Illinois Code - Chapter 740 Civil Liabilities 740 ILCS 170/      Illinois Wage Assignment Act.

Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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'Help world peace and make a lot of money': Here's the letter of intent to build a Trump Tower Moscow

A letter of intent forwarded by Russian-born businessman Felix Sater to the Trump Organization's lawyer at the time, Michael Cohen, outlines the terms of a licensing agreement to purchase property to build a "Trump World Tower Moscow."

Sater sent the letter of intent — dated October 13, 2015, and signed by a Russian investor named Andrey Rozov — to Cohen for then-candidate Donald Trump's signature.

Sater included a personal note along with the letter, which was shared on Twitter by the New York Times' Maggie Haberman.

"Dear Michael, Attached is the signed LOI (Letter of Intent) by Andrey Rozov. Please have Mr. Trump counter-sign, signed and sent back," Sater wrote. "Lets make this happen and build a Trump Moscow. And possibly fix relations between the countries by showing everyone that commerce & business are much better and more practical than politics. That should be Putins message as well, and we will help him agree on that message. Help world peace and make a lot of money, I would say thats a great lifetime goal for us to go after. Sincerely, Felix Sater."

Related stories

Read the full letter below:

Letter of intent by natasha on Scribd

The Tower was going to be built in Moscow International Business Center, also known as "Moscow City" — an area that was supposed to be the city's financial district but whose skyscrapers  remained largely empty as Russia's economy worsened throughout 2014. 

Trump eventually signed the letter , according to Cohen, though it is unclear whether it was this version. Emails exchanged between Cohen and Sater — who have  known each other since they were teenagers  — weeks later indicated that they were preparing to celebrate not only Trump's election victory, but also the potential Russia deal.

Sater boasted of his ties to Russian President Vladimir Putin in the emails, which were obtained  by The New York Times  last month, telling Cohen that he would "get all of Putins team to buy in" on the Moscow deal.

"Our boy can become president of the USA and we can engineer it," Sater wrote, according to The Times. "I will get Putin on this program and we will get Donald elected."

Two months later, Cohen emailed Putin's spokesman, Dmitry Peskov, asking for his "assistance" in pushing the deal through, according to   emails   submitted to congressional investigators and read to The Post on Monday.

"Over the past few months I have been working with a company based in Russia regarding the development of a Trump Tower - Moscow project in Moscow City," Cohen wrote Peskov, The Post reported. "Without getting into lengthy specifics the communication between our two sides has stalled." 

Cohen continued: "As this project is too important, I am hereby requesting your assistance. I respectfully request someone, preferably you, contact me so that I might discuss the specifics as well as arranging meetings with the appropriate individuals. I thank you in advance for your assistance and look forward to hearing from you soon."

The Times' Maggie Haberman   said on Twitter   that Cohen sent the email to a generic Kremlin email address that was not Peskov's. Cohen told The Post that he never heard back from Peskov and that the deal was scrapped by late January of 2016.

Watch: 'He is a racist. He is a conman.' Michael Cohen's most explosive claims about Trump in his blockbuster hearing

• Main content

• International

Israel-Hamas war

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June 22, 2023 - Russia-Ukraine news

By Tara Subramaniam , Christian Edwards, Aditi Sangal , Adrienne Vogt and Maureen Chowdhury , CNN

Our live coverage of Russia's war in Ukraine has moved here.

UN adds Russia to global list of offenders for killing children in Ukraine 

From CNN's Mariya Knight 

The United Nations added Russia to a global list of offenders for killing 136 children in Ukraine in 2022, according to a report to the UN Security Council seen by Reuters and confirmed to CNN by a UN diplomat on Thursday.

Reuters cited the UN report saying Russian forces and affiliated groups “maimed 518 children and carried out 480 attacks on Ukrainian schools and hospitals.” Russia's military also used 91 children as human shields, according to the report. 

Russia has previously denied targeting civilians.

The UN also accused the Ukrainian military of killing 80 children, injuring 175, and carrying out 212 attacks on schools and hospitals. 

Ukraine wasn't added to the global list of offenders. 

The report was written by Virginia Gamba, UN Secretary General Antonio Guterres' special representative for children and armed conflict, according to Reuters. Last month, Gamba reportedly visited Ukraine and Russia, where she met with Maria Lvova-Belova , the Russian official wanted by the International Criminal Court (ICC) for an alleged scheme to deport Ukrainian children to Russia. 

According to the Ukrainian government's portal Children of War, Russia's full-scale invasion has killed 490 children and wounded 1,028 as of June 2023. 

It's past midnight in Kyiv. Here's what you should know

From CNN staff

A key bridge was damaged by Ukrainian shelling, a Russian-backed official said Thursday.

The Chonhar ("Chongar" in Russian) bridge connects the Russian-held parts of Ukraine’s southern Kherson region with the Crimean peninsula, which Russia  illegally annexed from Ukraine in 2014 .

Here's what else you should know:

Ukrainian aid. Ukraine’s Prime Minister Denys Shmyhal said Thursday he was “sure” Ukraine will get the money it needs to help the recovery of the country. Ukraine is also carrying out the "largest ever repair campaign" to shore up its power system ahead of winter and potential Russian attacks on infrastructure. And on Thursday, US President Joe Biden and Indian Prime Minister Narendra Modi released a joint statement where both leaders expressed their concern over the conflict in Ukraine and pledged continued humanitarian assistance.

Strikes. Four missiles were fired at the  Chonhar road bridge  Thursday morning, with one hitting the structure , a representative of Russia’s Investigative Committee said in comments reported by Russian state news agency RIA. Russia also launched attacks on populated areas of Ukraine on Thursday destroying infrastructure and causing civilians to suffer, according to the General Staff of the Armed Forces of Ukraine.

Volunteer corps. More than 20 Russian "volunteer corps" fighting in Ukraine have signed contracts with Russia’s Defense Ministry, according to a statement published by the ministry on Thursday. It comes after Russian President Vladimir Putin backed  an order , which was signed by Defense Minister Sergei Shoigu on June 10, that said mercenary groups fighting in Ukraine must sign contracts with the ministry by the start of July. 

Military developments. Russia will allocate money to ramp up production of domestic aircraft, Prime Minister Mikhail Mishustin announced Thursday, citing the need to reduce dependence of the aviation industry on foreign parts in the face of sanctions pressure on Russia. Russia also expects to have enough recruits to form a reserve army to bolster its armed forces by the end of the month, Russian Defense Minister Sergei Shoigu said on Thursday.

Counteroffensive updates. Ukraine's advance on Russia will "take time," Ukrainian Prime Minister Denys Shmyhal said, while expressing optimism for the counteroffensive. Shmyhal called on Ukrainians to be patient while speaking in London at the Ukraine Recovery Conference. Meanwhile, Putin reiterated that Ukraine has not depleted its "offensive potential," adding that it has a "number of strategic reserves that have not yet been activated," while addressing members of his Security Council in Moscow Thursday. In exclusive comments to CNN, a senior Ukrainian official said Thursday that the main thrust of the counteroffensive against Russia “has not even begun in earnest,” and that it is too early to assess its success.

Zelensky dismisses Belarus ambassador in published order

Ukrainian President Volodymyr Zelensky dismissed Ihor Kyzym from the post of ambassador to Belarus on Tuesday, according to an order published on Ukraine’s presidential website. 

Last week the Ukrainian Parliament registered a draft resolution on recognition of Belarus as an aggressor country, Yaroslav Yurchyshyn, first deputy chairman of the anti-corruption committee of the Ukrainian Parliament, said in a Telegram post Monday. 

The text of the resolution registered is not yet available, but an explanatory note published on the parliament’s website specifies that the Ukrainian Parliament should designate Belarus as an aggressor state, “taking into account the reluctance of the Republic of Belarus to stop allowing the Russian Federation to use its territory, airspace and infrastructure for invading the sovereign territory of Ukraine contrary to international obligation.” 

In addition, an explanatory note urged the Ukrainian government "to immediately work on the issue of severing diplomatic relations between Ukraine and the Republic of Belarus" and to call on the international community to increase sanctions pressure on Minsk in order to “force the Belarusian leadership to stop allowing the use of its territory for committing war crimes.” 

Biden and Modi release joint statement pledging support for Ukraine but don't mention Russia

From CNN's DJ Judd

US President Joe Biden and Indian Prime Minister Narendra Modi released a joint statement Thursday where both leaders expressed their concern over the conflict in Ukraine and pledged continued humanitarian assistance.

“Our cooperation will serve the global good as we work through a range of multilateral and regional groupings — particularly the Quad — to contribute toward a free, open, inclusive, and resilient Indo-Pacific,” a statement released, following bilateral meetings between Biden and Modi at the White House, said. “No corner of human enterprise is untouched by the partnership between our two great countries, which spans the seas to the stars.” 

Both leaders also “expressed their deep concern over the conflict in Ukraine and mourned its terrible and tragic humanitarian consequences," according to the statement. “Both countries further pledge to render continuing humanitarian assistance to the people of Ukraine. They called for respect for international law, principles of the UN charter, and territorial integrity and sovereignty. Both countries concurred on the importance of post-conflict reconstruction in Ukraine."

The statement conspicuously made no mention of Russia, or its role in the conflict, with the two leaders instead writing that the two countries “affirm that the rules-based international order must be respected,” in a general sense.

More background: India is historically a major purchaser of Russian weaponry and has long-standing ties to Moscow. It has also ramped up purchases of Russian energy – providing a key economic lifeline to leader Vladimir Putin’s government, even as the West slaps extensive controls on this key revenue source.

Though New Delhi has sent humanitarian aid to Ukraine throughout the course of the war, it has abstained from UN resolutions calling for its withdrawal and condemning its invasion.

Ukrainian President Volodymyr Zelensky met Modi on the sidelines of the Group of Seven (G7) summit in Japan last month, the first in-person meeting between the two since Russia’s invasion began.

CNN's Simone McCarthy contributed reporting to this post.

Ukraine says counteroffensive "has not even begun in earnest," pushing back on remarks from Western officials

From CNN’s Matthew Chance in Kyiv

In exclusive comments to CNN, a senior Ukrainian official said Thursday that the main thrust of the counteroffensive against Russia “has not even begun in earnest,” and that it is too early to assess its success.

The official was responding to CNN’s reporting earlier Wednesday that Western officials believe that the counteroffensive is having less success than expected and “not meeting expectations on any front.” 

It is “way too early to assess the overall trajectory of the counteroffensive,” the Ukrainian official told CNN. “The main thrust of the counteroffensive has not even begun in earnest.”

The official said that “shaping operations” were still underway, and the counteroffensive would not be able to be judged until fall or winter.

Some more context: In CNN's reporting, the officials cautioned that the counteroffensive is still in its early stages – and that the US and its allies “remain optimistic” Ukrainian forces will be able to make territorial gains over time. The US and its allies are likely to wait until at least July for a fuller assessment of the progress of the counteroffensive which was gradually launched over the last few weeks.

In addition, these officials note that Ukrainian forces have themselves been adapting to Russian tactics and defenses, including carrying out more dismounted operations. In recent days, Ukrainian forces have also had more success targeting and shooting down Russian aircraft.

Ultimately, the counteroffensive is proving a “tough drive” for Ukraine and Russia, one of the Western official said, with both sides incurring heavy losses.

CNN's Jim Sciutto contributed reporting to this post.

Ukraine's military claims gradual advances in the south as heavy fighting continues in the east

From CNN's Yulia Kesaieva and Lindsay Isaac

Russia launched attacks on populated areas of Ukraine on Thursday destroying infrastructure and causing civilians to suffer, according to the General Staff of the Armed Forces of Ukraine.

The Armed Forces of Ukraine said Russia launched 44 air strikes and fired about 30 multiple rocket launcher systems over the last day.  

In the south, Russia continues to be on the defensive, focusing its "main efforts" on preventing the advance of Ukrainian troops in Zaporizhzhia and Kherson, the military said.

Ukraine has also claimed "partial success" in the south against Russia where the Ukrainian offensive continues, though the "situation has not changed significantly over the past day," Hanna Maliar, deputy defense Minister of Ukraine, said in her latest update.

"We are gradually advancing, having partial success, pushing the enemy back and leveling the front," she said. "The Ukrainian defense forces continue their offensive on the Melitopol and Berdiansk directions. In some areas, we have advanced and are consolidating our positions."  

Ukraine's air force carried out seven strikes on Russian military personnel and four on anti-aircraft missile systems, striking a command post and ammunition depots, the Armed Forces of Ukraine said. 

Heavy fighting continues in the east, especially in the Lyman, Bakhmut, Avdiivka and Mariinka directions — where Russia continues its main assault, the Armed Forces of Ukraine said.

Ukrainian forces conducted both offensive and defensive operations over the day but continue to "effectively restrain the offensive of Russian troops" in those eastern sectors, Maliar said.

"The enemy has not advanced a single meter," she claimed. 

Russia conducted "unsuccessful" attacks and an air strike in the Kharkiv region as well as air strikes in the Luhansk and Donetsk region, the Armed Forces of Ukraine said, adding that Russia was also unsuccessful in its offensives in the area of Sieverne and Avdiivka and in the Donetsk region.

Ukrainian prime minister says counteroffensive will "take time" and calls for patience

Ukraine's advance on Russia will "take time," the Ukrainian prime minister said, while expressing optimism for the counteroffensive.  

Denys Shmyhal called on Ukrainians to be patient while speaking in London at the Ukraine Recovery Conference.

Shmyhal said there will be "results of the counteroffensive" but added that "Ukraine values the lives of its soldiers, so it does not plan to lead them mindlessly under fire," according to Ukrainian state media Ukrinform. 

"We must all understand that every life is important to us. We will not lead our people under fire, as the Russian army does, which has not counted and does not count people's lives. We are working according to NATO standards; we are taking care of each of our soldiers, and we are taking steps forward. It will take time, but we intend to advance, and we are advancing with a counteroffensive. We all have to be patient and we will see the results," he said.

More context: CNN reported earlier Thursday that the early phases of Ukraine’s counteroffensive is having less success and Russian forces are showing more competence than Western assessments expected, according to two Western officials and a senior US military official.

The officials cautioned that the counteroffensive is still in its beginning stages – and the US and its allies “remain optimistic” Ukrainian forces will be able to make territorial gains over time. In addition, these officials note that Ukrainian forces have themselves been adapting to Russian tactics and defenses, including carrying out more dismounted operations. In recent days, Ukrainian forces have also had more success targeting and shooting down Russian aircraft.

And while Ukrainian President Volodymyr Zelensky admitted Wednesday in a BBC interview that progress had been "slower than desired," he added that "nevertheless, those who fight shall win and to those that knock, the door shall be opened."

Putin says Ukraine has not exhausted its "offensive potential"

From CNN's Katharina Krebs and Lindsay Isaac

Russian President Vladimir Putin reiterated that Ukraine has not depleted its "offensive potential," adding that it has a "number of strategic reserves that have not yet been activated," while addressing members of his Security Council in Moscow Thursday.   

Despite having claimed that Ukrainian forces are losing ground, Putin cautioned that Russian armed forces need to "proceed for the realities" when "building combat work."

Ukraine's Western allies have made it clear they have "really decided to fight with Russia to the last Ukrainian," he added.

On Wednesday, Putin told reporters that there is a "certain lull" in fighting, with no active offensive operations being carried out by Ukraine yet. He claimed Ukraine is suffering heavy losses on the battlefield.

CNN is not able to independently verify Putin's claims about Ukrainian loses or the course of the operations on the ground. 

"But today we see that this (Ukraine's) offensive potential has not yet been exhausted, there are also reserves that the enemy is thinking about where and how to introduce," he said. 

Meanwhile, Ukraine claimed Wednesday that Russian forces are on the defensive in the Zaporizhzhia and Kherson region directions, while the Armed Forces of Ukraine are advancing.

Here's the latest map of control:

CNN's Anna Chernova and Radina Gigova contributed reporting to this post.

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Smart and Sustainable Cities Conference

SSC 2018: Green Technologies and Infrastructure to Enhance Urban Ecosystem Services pp 249–268 Cite as

Green and Resilient City: Obligatory Requirements and Voluntary Actions in Moscow

• M. A. Vakula 6 ,
• T. V. Guseva 7 ,
• I. O. Tikhonova 8 ,
• Ya. P. Molchanova 8 &
• K. A. Schelchkov 7  
• Conference paper
• First Online: 18 April 2019

922 Accesses

2 Citations

Part of the book series: Springer Geography ((SPRINGERGEOGR))

The interest to the sustainable development, resilience and smartness of cities and communities has been growing globally since 1980s. City governments have been working out strategies, forming unions and associations, and exchanging experience in facing urbanization challenges and managing city assets sustainably. Authors consider international initiatives and standards providing for the common background needed to work out and implement sustainable development and resilience strategies and management plans as well as to assess and compare results achieved. Major initiatives analyzed include the United Nations HABITAT Program, the International “Green City Index” research, the network of the world’s megacities committed to addressing climate change (C40), the Charter of European Cities and Towns Towards Sustainability (Aalborg Charter) and the Working Group on Environmentally Sustainable Cities of Association of Southeast Asian Nations. A new series of the International Organization for Standardization standards ISO 37000 establishing requirements to management systems for sustainable development of communities and offering guidance in setting aims and objectives and measuring success is considered. Peculiarities of the understanding and use of these standards in Russia are described. Authors study a wide range of legal requirements set by Moscow city government in the period of 1993–2018 and demonstrate advantages and shortcoming of the legal acts passed and enforced. Consider voluntary actions undertaken by the local community, non-governmental organizations and educational establishments. The Chapter demonstrates the need for systematizing patchy policy documents and research projects. The case for the restoration of Moscow water bodies (small rivers) as backbones of the urban ecological network will be elaborated.

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T. V. Guseva & K. A. Schelchkov

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Vakula, M.A., Guseva, T.V., Tikhonova, I.O., Molchanova, Y.P., Schelchkov, K.A. (2020). Green and Resilient City: Obligatory Requirements and Voluntary Actions in Moscow. In: Vasenev, V., Dovletyarova, E., Cheng, Z., Valentini, R., Calfapietra, C. (eds) Green Technologies and Infrastructure to Enhance Urban Ecosystem Services. SSC 2018. Springer Geography. Springer, Cham. https://doi.org/10.1007/978-3-030-16091-3_27

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