Illinois Compiled Statutes
735 ILCS 5/12-803 (2026)
Wages subject to collection
✓ current as of May 2026
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(735 ILCS 5/12-803)
(from Ch. 110, par. 12-803)
Sec. 12-803. Wages subject to collection. The wages,
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.)
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 2000–2025 · leading case: In Re Thum, 329 B.R. 848 (Bankr. C.D. Ill. 2005).
In Re Thum, 329 B.R. 848 (Bankr. C.D. Ill. 2005). “42, claiming the bonus exempt under 735 ILCS 5/12-803 or 740 ILCS 170/4. The TRUSTEE filed an objection to the claim of exemption.”
In Re Mayer, 388 B.R. 869 (Bankr. N.D. Ill. 2008). “The debtor, John Mayer, asserts an exemption based on a provision of the Illinois Wage Deduction Act, 735 ILCS 5/12-803 (2006), that sets a limitation on the unpaid wages subject to collection by a judgment creditor.”
George Burciaga v. Alex Moglia, 944 F.3d 681 (7th Cir. 2019). “We observed that 735 ILCS 5/12-803 protected wages from garnishment proceedings, so that the employer could not be ordered to hand more than 15% directly to a creditor, but that other forms of collection remained possible.”
People v. Davis, 746 N.E.2d 758 (Ill. App. Ct. 2001). “See 735 ILCS 5/12-803 (West 1998) (setting the maximum wage subject to collection).”
People v. Smith, 2018 IL App (1st) 151402 (Ill. App. Ct. 2018). “That said, unpaid fines and, to a lesser extent, fees have (at least theoretically) lasting repercussions for criminal defendants.”
People v. Smith, 2018 IL App (1st) 151402 (Ill. App. Ct. 2018). “Unpaid fines (not including fees) in criminal cases may be subject to an order of withholding (730 ILCS 5/5-9-4 (West 2016)), which renders a defendant’s wages subject to garnishment under section 12-803 of the Code of Civil Procedure (735 ILCS 5/12-803 (West 2016)).”
In Re Radzilowsky, 448 B.R. 767 (Bankr. N.D. Ill. 2011). “She seeks turnover of all legal fees paid to the debtor post-petition for work performed before the petition date. In response, the debtor asserts that only $1100 of the money paid by clients after the petition date was for pre-petition work.”
In re Marriage of Schomburg, 2016 IL App (3d) 160420 (Ill. App. Ct. 2016). “735 ILCS 5/12-803 (West 2014). Therefore, when garnishments are sought by a judgment creditor for nonsupport obligations, no more than the lesser of a person’s 25% disposable earnings, 15% of gross earnings, or the amount by which disposable earnings exceed 45 times the minimum…”
Nat'l Collegiate Student Loan Trust 2004-1 v. Ogunbiyi, 2018 IL App (1st) 170861 (Ill. App. Ct. 2018). “735 ILCS 5/12-803 (West 2006). In 2007, the General Assembly enacted Public Act 95-661 (eff.”
In re Marriage of Schomburg, 2016 IL App (3d) 160420 (Ill. App. Ct. 2017). “735 ILCS 5/12-803 (West 2014). Therefore, when garnishments are sought by a judgment creditor for nonsupport obligations, no more than the lesser of a person’s 25% disposable earnings, 15% of gross earnings, or the amount by which disposable earnings exceed 45 times the minimum…”
George Burciaga v. Alex Moglia (7th Cir. 2019). “We observed that 735 ILCS 5/12-803 protected wages from garnishment proceedings, so that the employer could not be ordered to hand more than 15% directly to a creditor, but that other forms of collection remained possible.”
SMS Fin. CH, LLC v. Feurer, 2025 IL App (1st) 250033 (Ill. App. Ct. 2025). “) 735 ILCS 5/12-803 (West 2022). Section 12-801 defines “wages” as “any hourly pay, salaries, commissions, bonuses, or other compensation owed by an employer to a judgment debtor.”
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