ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/12-704 (2026)

Exemptions from garnishment

✓ current as of May 2026
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(735 ILCS 5/12-704) (from Ch. 110, par. 12-704)
    Sec. 12-704. Exemptions from garnishment. 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 pay to such funds or systems are exempt and are not subject to garnishment under Part 7 of Article XII of this Act.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2008–2021 · leading case: In re Franklin, 506 B.R. 765 (Bankr. C.D. Ill. 2014).
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In re Franklin, 506 B.R. 765 (Bankr. C.D. Ill. 2014). · cites it 3× “The DEBTOR also claimed the funds in the cheeking account as fully exempt under 735 ILCS 5/12-704, which exempts from garnishment benefits payable by pension or retirement funds or systems, and as fully exempt under the wildcard exemption as well.”
Helms v. Metro. Life Ins. Co. (In re O'Malley), 601 B.R. 629 (Bankr. N.D. Ill. 2019). “735 ILCS 5/12-704 (emphasis added). The plain language of § 12-704 limits its application to proceedings under Part 7 ("Garnishment") of Article XII ("Judgments-Enforcement") of Act 5 ("Code of Civil Procedure") of the Illinois Compiled Statutes.”
Cmty. Bank of Elmhurst v. Klein, 2014 IL App (2d) 121074 (Ill. App. Ct. 2014). “” 735 ILCS 5/12-704 (West 2012). Accordingly, pension benefits that are deposited in other accounts will remain “exempt from garnishment only if they remain traceable as retirement benefits.”
In re Marriage of Eberhardt (Ill. App. Ct. 2008). · cites it 4× “The trial court denied Stephen's motion to reconsider in a written memorandum opinion and order, concluding that First Midwest properly held $3,000 at the time of the garnishment summons and the lien that attached at that time remained in effect.”
Helms v. Zellmer (N.D. Ill. 2021). “11-14 at 64 (20 C 443) (citing 735 ILCS 5/12-704). (Unless noted otherwise, all subsequent docket citations are to Case 20 C 443.”
Zellmer v. Helms (N.D. Ill. 2021). “11-14 at 64 (20 C 443) (citing 735 ILCS 5/12-704). (Unless noted otherwise, all subsequent docket citations are to Case 20 C 443.”
Helms v. Zellmer (N.D. Ill. 2021). “11-14 at 64 (20 C 443) (citing 735 ILCS 5/12-704). (Unless noted otherwise, all subsequent docket citations are to Case 20 C 443.”
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