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Illinois Compiled Statutes

735 ILCS 5/12-801 (2026)

Definitions

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(735 ILCS 5/12-801) (from Ch. 110, par. 12-801)
    Sec. 12-801. Definitions. As used in Part 8 of Article XII of this Act:
    "Deduction order" means an order entered pursuant to Section 12-811 of this Act.
    "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.)

    
Notes of Decisions
Cited in 26 cases (4 in the last 5 years), 1993–2025 · leading case: People v. Wright, 740 N.E.2d 755 (Ill. 2000).
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People v. Wright, 740 N.E.2d 755 (Ill. 2000). “(West 1998)); part 8 of article XII of the Code of Civil Procedure, entitled "Wage Deductions" (735 ILCS 5/12-801 et seq. (West 1998)); or the Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/1 et seq.”
In Re Earley, 305 B.R. 837 (Bankr. N.D. Ill. 2004). · cites it 3× “Triad Financial Corporation holds a judgment against debtor Robert Earley and has a lien on his wages under the Illinois Wage Deduction Act, 735 ILCS 5/12-801 et seq. (2002) (the “IWDA”).”
People v. Davis, 746 N.E.2d 758 (Ill. App. Ct. 4th Dist. 2001). “On the other hand, section 5-5-6(h) of the Unified Code (730 ILCS 5/5-5-6(h) (West 1998)) provides that the trial court may enter an order of withholding wages to collect restitution.”
In Re Waltjen, 150 B.R. 419 (Bankr. N.D. Ill. 1993). “, now cited as 735 ILCS 5/12-801 et seq. The respective rights of debtor and creditor after service of that summons is determined under Illinois law.”
George Burciaga v. Alex Moglia, 944 F.3d 681 (7th Cir. 2019). “735 ILCS 5/12-801 (final paragraph, de- fining “wages” to include all compensation that an employer owes to an employee).”
ONE CW, LLC v. Cartridge World North Am., LLC, 661 F. Supp. 2d 931 (N.D. Ill. 2009). “The Wage Deduction Statute, 735 ILCS 5/12-801 et seq., in turn, limits to 15% the amount of “wages, salary, commissions and bonuses” subject to collection.”
In Re Rasberry, 264 B.R. 495 (Bankr. N.D. Ill. 2001). · cites it 2× “DISCUSSION The Illinois Wage Deduction Act, 735 ILCS 5/12-801 et. seq., now recodified as part of the Illinois Code of Civil Procedure, provides one means to enforce judgments by which wages constituting hourly pay, salaries, commissions, bonuses or other compensation owed by an…”
In Re Johnson, 215 B.R. 381 (Bankr. N.D. Ill. 1997). “; or began wage deduction proceedings under 735 ILCS 5/12-801 et seq.; or started supplementary proceedings creating a citation lien (commonly referred to as “citation to discover assets”) by 735 ILCS 5/2-1402 and Illinois Supreme Court Rule 277; or undertook other varieties of…”
Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654. “(West 2012)), and wage garnishments (735 ILCS 5/12-801 et seq. (West 2012)). Relevant to our discussion here, section 2-1402 of the Code of Civil Procedure (735 ILCS 5/2-1402 (West 2012)) provides a mechanism by which a judgment creditor may initiate supplementary proceedings…”
People v. Scott, 756 N.E.2d 466 (Ill. App. Ct. 4th Dist. 2001). “" 735 ILCS 5/12-801 (West 2000). DOC wages are wages.”
A.J. Smith Fed. Sav. Bank v. Sabuco, 2013 IL App (3d) 120578, 989 N.E.2d 315. “-3- ¶ 11 The “Wage Deduction Act” (735 ILCS 5/12-801 et seq. (West 2010)) contains the statutory authority for enforcement of judgments by levying against the judgment debtor’s wages.”
Burciaga v. Moglia, 602 B.R. 675 (E.D. Ill. 2019). “5/2-1402 ; 735 ILCS 5/12-801 et seq. Illinois's wage deduction statute limits the wages 3 subject to collection under a deduction order to 15% of the gross amount paid for that week, 735 Ill.”
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