Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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CIVIL PROCEDURE735 ILCS 5/12-712
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/12-712)
(from Ch. 110, par. 12-712)
Effect of judgment - Discharge no bar.
Judgment against a garnishee shall be enforceable as in other civil
cases and shall discharge the garnishee of all claims by the judgment
debtor for the indebtedness or other property paid, delivered or
accounted for by the garnishee by virtue of the judgment in garnishment.
The discharge of a garnishee is no bar to an action by the judgment
debtor for the same claim.
(Source: P.A. 82-280.)
735 ILCS 5/12-713
(735 ILCS 5/12-713)
(from Ch. 110, par. 12-713)
No judgment until debt due.
If the debt from the garnishee to the judgment debtor is not due,
judgment shall not be entered against the garnishee until the debt is
due, either by the terms of the agreement giving rise thereto or by
acceleration as therein provided.
(Source: P.A. 82-280.)
735 ILCS 5/12-714
(735 ILCS 5/12-714)
(from Ch. 110, par. 12-714)
Property surrendered in enforcement of a judgment and disposition thereof.
(a) A garnishee having property other than money belonging to the
judgment debtor, which the garnishee is obligated to deliver to the
judgment debtor, shall deliver to the officer holding a certified copy of
the judgment for the enforcement thereof against
the judgment debtor so much thereof as is necessary to satisfy
the amount due upon the judgment and costs.
(b) If mortgaged or pledged property is in the possession of a garnishee,
or property is held for the payment of a debt to the garnishee, the
judgment creditor may, under order of court, pay or tender the amount
due to the garnishee; and the garnishee shall thereupon deliver the
property to the officer holding the certified copy of the judgment for the
enforcement thereof against the judgment
(c) Nothing contained in Part 7 of Article XII of this Act shall be
construed to prevent the
garnishee from selling property in his or her possession for the payment of claims
for which it is mortgaged, pledged or otherwise held at any time before
the amount due to the garnishee is paid or tendered, if the sale would be
authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the
payment of money, and if the promise, condition or other act to be
performed can be performed by the judgment creditor without damage to
other parties, the court may permit performance by the judgment
creditor. Upon performance, or a tender of performance, by the judgment
creditor the garnishee shall deliver the property to the officer holding
the certified copy of the judgment for the enforcement thereof against the
(e) Property received by an officer as described in this Section
shall be sold in the same manner as if levied upon for the satisfaction
of a judgment for the payment of money and
from the proceeds of sale the officer shall repay the judgment creditor
the amount paid the garnishee for the redemption, with interest, or
shall indemnify the judgment creditor for acts done or performed
pursuant to order of court in the redemption.
(Source: P.A. 83-707.)
735 ILCS 5/12-715
(735 ILCS 5/12-715)
(from Ch. 110, par. 12-715)
Refusal or neglect of garnishee to deliver property.
If a garnishee refuses or neglects to deliver property in his or her possession
when ordered by the court or upon request by the officer holding a certified
copy of the judgment for enforcement thereof
against the judgment debtor, the garnishee may be attached and
punished for contempt; or the court may enter judgment against the garnishee
for the value of
the property or the amount due upon the judgment and costs, whichever is the
lesser, and have same enforced against the garnishee.
(Source: P.A. 82-280.)
735 ILCS 5/12-716
(735 ILCS 5/12-716)
(from Ch. 110, par. 12-716)
Costs and fees.
(a) The costs of obtaining a garnishment order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case those
costs shall be paid by the judgment creditor.
(b) No fee shall be paid by a garnishee for filing his, her or its
appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of
the garnishment summons or at any time thereafter, unless he or she is
subpoenaed to appear as a witness, in which case he or she is entitled to
witness fees as in other civil cases.
(Source: P.A. 87-1252.)
735 ILCS 5/12-717
(735 ILCS 5/12-717)
(from Ch. 110, par. 12-717)
Death of garnishee and procedure thereafter.
Upon the death of a garnishee, the procedure shall be the same as in
the case of the death of a defendant in other civil cases.
(Source: P.A. 82-280.)
735 ILCS 5/12-718
(735 ILCS 5/12-718)
(from Ch. 110, par. 12-718)
Powers of court.
If the garnishee has in his or her possession, custody or control any
property belonging to the defendant or which he or she is obligated to deliver
to the defendant, with or without condition, the court may enter all
proper orders for the delivery thereof to the proper officer,
the sale or disposition of the same, and the discharging of any lien
thereon, and may authorize the garnishee to collect any indebtedness
or to sell any other property and account for the proceeds. The
court, when necessary to further the purposes and provisions of Part 7
of Article XII of this
Act, may compel the judgment debtor to do or to refrain from doing any
specific act or deed; or the court may appoint a receiver to
collect any indebtedness or to take possession, sell or otherwise
dispose of any other property, and enter all orders in regard thereto
which are necessary and equitable between the parties.
(Source: P.A. 83-707.)
735 ILCS 5/12-719
(735 ILCS 5/12-719)
(from Ch. 110, par. 12-719)
Transfer of interest by heir or legatee.
No assignment, transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the garnishment, unless (1) prior to the service of
garnishment summons upon the administrator or executor, the transfer or
other disposition is reduced to writing and (2) the writing is filed in
the office of the clerk of the court appointing the executor or
(Source: P.A. 82-280.)
735 ILCS 5/Art. XII Pt. 8
(735 ILCS 5/Art. XII Pt. 8 heading)
735 ILCS 5/12-801
(735 ILCS 5/12-801)
(from Ch. 110, par. 12-801)
As used in Part 8 of Article XII of this Act:
"Deduction order" means an order entered pursuant to Section 12-811 of
"Employer" means the person named as employer in the affidavit filed
under Section 12-805.
"Federal agency employer" means an agency of the federal government as
defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a
judgment by confession which has not been confirmed as provided in Part
8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other
compensation owed by an employer to a judgment debtor.
(Source: P.A. 89-28, eff. 6-23-95.)
735 ILCS 5/12-802
(735 ILCS 5/12-802)
(from Ch. 110, par. 12-802)
Force and effect of order.
A deduction order entered under
Part 8 of Article XII of this Act shall have the force
and effect and be enforceable as a judgment.
(Source: P.A. 82-280.)
735 ILCS 5/12-803
(735 ILCS 5/12-803)
(from Ch. 110, par. 12-803)
Wages subject to collection.
salary, commissions and bonuses subject to collection under a deduction
order, for any work week shall be the lesser of (1) 15% of such
gross amount paid for that week or (2) the amount by which disposable
earnings for a week exceed 45 times the Federal Minimum Hourly Wage
prescribed by Section 206(a)(1) of Title 29 of the United States Code, as
amended, or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable. This provision
(and no other) applies irrespective of the place where the compensation was
earned or payable and the State where the employee resides. No amounts
required by law to be withheld may be taken from the amount collected by
the creditor. The term "disposable earnings" means that part of the
earnings of any individual remaining after the deduction from those
earnings of any amounts required by law to be withheld.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
735 ILCS 5/12-804
(735 ILCS 5/12-804)
(from Ch. 110, par. 12-804)
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87-1252.)
735 ILCS 5/12-805
(735 ILCS 5/12-805)
(from Ch. 110, par. 12-805)
(a) Upon the filing by a judgment creditor, its attorney or other designee
of (1) an affidavit that the affiant believes any person is indebted to the
judgment debtor for wages due or to become due, as provided in Part 8 of
Article XII of this Act, and includes the last address of the judgment
debtor known to the affiant as well as the name of the judgment debtor, and
a certification by the judgment creditor or his attorney that, before
filing the affidavit, the wage deduction notice has been mailed to the
judgment debtor by first class mail at the judgment debtor's last known
address, and (2) written interrogatories to be answered by the employer
with respect to the indebtedness, the clerk of the court in which the
judgment was entered shall issue summons against the person named in the
affidavit as employer commanding the employer to appear in the court and
answer the interrogatories in writing under oath. The interrogatories shall
elicit all the information necessary to determine the proper amount of
non-exempt wages. The interrogatories shall require that the employer
certify that a copy of the completed interrogatories as specified in
subsection (c) of Section 12-808 has been mailed or hand delivered to the
judgment debtor and shall be in a form consistent with local court rules.
The summons shall further command federal agency employers, upon effective
service of summons pursuant to 5 USC 5520a, to commence to pay over deducted
wages in accordance with Section 12-808.
The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by
the attorney for the judgment creditor, setting forth the date and amount
allowable costs expended, interest accumulated, credits paid by or on behalf
of the judgment debtor and the balance due the judgment creditor, and one copy of
a wage deduction notice in substantially the following form:
"WAGE DEDUCTION NOTICE
(Name and address of Court)
Name of Case: (Name of Judgment Creditor),
Judgment Creditor v.
(Name of Judgment Debtor),
Address of Judgment Debtor: (Insert last known address)
Name and Address of Attorney for Judgment
Creditor or of Judgment Creditor (if no
attorney is listed): (Insert name and address)
Amount of Judgment: $..........
Employer: (Name of Employer)
Return Date: (Insert return date specified in summons)
NOTICE: The court shall be asked to issue a wage deduction summons against
the employer named above for wages due or about to become due to you.
The wage deduction summons may be issued on the basis of a judgment against
you in favor of the judgment creditor in the amount stated above.
The amount of wages that may be deducted is limited by federal and
(1) Under Illinois law, the amount of wages that may
be deducted is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater.
(2) Under federal law, the amount of wages that may
be deducted is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage.
(3) Pension and retirement benefits and refunds may
be claimed as exempt from wage deduction under Illinois law.
You have the right to request a hearing before the court
to dispute the wage deduction because the wages are exempt. To obtain a
hearing in counties with a population of 1,000,000 or more, you
must notify the Clerk of the Court in person and in writing at (insert
address of Clerk) before the Return Date specified above or appear
in court on the date and time on that Return Date. To obtain a
hearing in counties with a population of less than 1,000,000, you
must notify the Clerk of the Court in writing at (insert address of
clerk) on or before the Return Date specified above.
The Clerk of the Court will provide a hearing date and the necessary
forms that must be prepared by you or your attorney and
sent to the judgment creditor and the employer, or their attorney,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail."
(b) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for a
wage deduction may be made as follows:
(1) For each employer to be served, the judgment
creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and one copy of a summons, an original and one copy of the interrogatories and an affidavit setting forth the employer's mailing address, an original and one copy of the wage deduction notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section. The original judgment shall be retained by the clerk.
(2) The clerk shall mail to the employer, at the
address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the wage deduction notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery. This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person. The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case. The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.
(3) The return receipt must be attached to the
original summons and, if it shows delivery at least 3 days before the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
(4) The clerk shall note the fact of service in a
(c) Instead of personal service, a summons for a wage deduction may
be served and returned in the manner provided by Supreme Court rule for
service, otherwise than by publication, of a notice for additional relief upon
party in default.
(Source: P.A. 94-306, eff. 1-1-06.)