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Illinois Compiled Statutes

735 ILCS 5/12-808 (2026)

Duty of employer

✓ current as of May 2026
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(735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
    Sec. 12-808. Duty of employer.
    (a) An employer served as herein provided shall pay the employee the amount of his or her exempt wages.
    (b) To the extent of the amount due upon the judgment and costs, the employer shall hold, subject to order of court, any non-exempt wages due or which subsequently come due. The judgment or balance due thereon is a lien on wages due at the time of the service of summons, and such lien shall continue as to subsequent earnings until the total amount due upon the judgment and costs is paid, except that such lien on subsequent earnings shall terminate sooner if the employment relationship is terminated or if the underlying judgment is vacated or modified.
    (b-5) If the employer is a federal agency employer and the creditor is represented by an attorney, then the employer, upon service of summons and to the extent of the amount due upon the judgment and costs, shall commence to pay over to the attorney for the judgment creditor any non-exempt wages due or that subsequently come due. The attorney for the judgment creditor shall thereafter hold the deducted wages subject to further order of the court and shall make answer to the court regarding amounts received from the federal agency employer. The federal agency employer's periodic payments shall be considered a sufficient answer to the interrogatories.
    (c) Except as provided in subsection (b-5), the employer shall file, on or before the return date or within the further time that the court for cause may allow, a written answer under oath to the interrogatories, setting forth the amount due as wages to the judgment debtor for the payroll periods ending immediately prior to the service of the summons and a summary of the computation used to determine the amount of non-exempt wages. Except as provided in subsection (b-5), the employer shall mail by first class mail or hand deliver a copy of the answer to the judgment debtor at the address specified in the affidavit filed under Section 12-805 of this Act, or at any other address or location of the judgment debtor known to the employer.
    A lien obtained hereunder shall have priority over any subsequent lien obtained hereunder, except that liens for the support of a spouse or dependent children shall have priority over all other liens obtained hereunder. Subsequent summonses shall be effective in the order in which they are served.
    (d) The Illinois Supreme Court may by rule allow an employer to file answers to interrogatories by facsimile transmission.
    (e) Pursuant to answer under oath to the interrogatories by the employer, an order shall be entered compelling the employer to deduct from wages of the judgment debtor subject to collection under a deduction order an amount which is the lesser of (i) 15% of the gross amount of the wages or (ii) 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, in effect at the time the amounts are payable, for each pay period in which statutory exemptions under Section 12-804 and child support garnishments, if any, leave funds to be remitted 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. The order shall further provide that deducted wages shall be remitted to the creditor or creditor's attorney on a monthly basis.
    (f) If after the entry of a deduction order, the employer ceases to remit funds to the plaintiff pursuant to the order without a lawful excuse (which would terminate the employer's obligation under the deduction order such as the debtor having filed a bankruptcy, the debtor having left employment or the employer having received service of a support order against the judgment debtor having priority over the wage deduction proceedings), the court shall, upon plaintiff's motion, enter a conditional judgment against the employer for the balance due on the judgment. The plaintiff may then issue a Summons After Conditional Judgment. After service of the Summons After Conditional Judgment, the employer may show cause why the conditional judgment, or some portion thereof should not be made a final judgment. If the employer shall fail to respond or show cause why the conditional judgment or some portion thereof should not be made final, the court shall confirm the conditional judgment and make it final as to the employer plus additional court costs.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)

    
Notes of Decisions
Cited in 12 cases, 1993–2018 · leading case: Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016).
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Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016). “735 ILCS 5/12-808(c). Third, while the debtor receives a copy of the employer’s answered interrogatories and may contest those answers or request a hearing to dispute whether certain wages are exempt, the only response that is necessary for the action to continue the action is…”
In Re Earley, 305 B.R. 837 (Bankr. N.D. Ill. 2004). · cites it 3× “On service of the summons, the interrogatories, the judgment and a wage deduction notice, 735 ILCS 5/12-805(a), 12-806 (2002), the employer must start deducting a portion of the wages, 735 ILCS 5/12-808(b), (e) (2002). Assuming the employer appears and answers the…”
In Re Franklin, 210 B.R. 560 (Bankr. N.D. Ill. 1997). “735 ILCS 5/12-808(b). This hen is precisely the sort defined by § 101(36) of the Bankruptcy Code as a “judicial lien”—a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.”
In Re Mayer, 388 B.R. 869 (Bankr. N.D. Ill. 2008). “735 ILCS 5/12-808(b) (2006). 4 . The Illinois General Assembly recently amended the Code of Civil Procedure, adding subsection (k-5) to 735 ILCS 5/2-1402.”
Gen. Motors Acceptance Corp. v. Bates (In Re Bates), 161 B.R. 965 (N.D. Ill. 1993). · cites it 2× “See 735 ILCS 5/12-808(b), Ill.Rev.Stat. ch. 110, para.”
In Re Waltjen, 150 B.R. 419 (Bankr. N.D. Ill. 1993). “When the summons is served, the judgment creditor obtains a judicial lien on wages withheld by the employer up to the amount due on the judgment.”
In Re Rasberry, 264 B.R. 495 (Bankr. N.D. Ill. 2001). “The Judgment Creditor has a continuing lien under 735 ILCS 5/12-808(b) as to the Debtor’s future wages to secure the unpaid balance owed under the judgment, which will be adequately protected as long as the Debtor makes plan payments and remains employed at the current job and…”
In Re Andres, 212 B.R. 306 (Bankr. N.D. Ill. 1997). “735 ILCS 5/12-808(b). The employer must then begin deducting a portion of the wages.”
Nat'l Collegiate Student Loan Trust 2004-1 v. Ogunbiyi, 2018 IL App (1st) 170861 (Ill. App. Ct. 2018). · cites it 3× “735 ILCS 5/12-808(e) (West 2016). Public Act 95-661 also amended section 12-808(e), which, prior to 2007, said the deduction order must set an "amount not to exceed" the amount set by section 12-803.”
Moore v. Gen. Motors Acceptance Corp. (In re Moore), 177 B.R. 279 (Bankr. S.D. Ill. 1995). “735 ILCS 5/12-808(b). The amount of the debtor’s non-exempt wages— the maximum amount that may be withheld — is 15% of the debtor’s gross wages.”
Nat'l Collegiate Student Loan Trust 2004-1 v. Ogunbiyi, 2018 IL App (1st) 170861 (Ill. App. Ct. 2018). · cites it 2× “735 ILCS 5/12-808(e) (West 2016). Public Act 95-661 also amended section 12-808(e), which, prior to 2007, said the deduction order must set an “amount not to exceed” the amount set by section 12-803.”
Cmty. 1st Credit Union v. Boswel (Ill. App. Ct. 1999). “" 735 ILCS 5/12-808(c) (West 1996). Ampad's letter was not under oath and it did not provide all of the required information.”
— 735 ILCS 5/12-808(a) — 1 case
In Re Waltjen, 150 B.R. 419 (Bankr. N.D. Ill. 1993). “When the summons is served, the judgment creditor obtains a judicial lien on wages withheld by the employer up to the amount due on the judgment.”
— 735 ILCS 5/12-808(b) — 7 cases
In Re Franklin, 210 B.R. 560 (Bankr. N.D. Ill. 1997). “735 ILCS 5/12-808(b). This hen is precisely the sort defined by § 101(36) of the Bankruptcy Code as a “judicial lien”—a “lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.”
In Re Mayer, 388 B.R. 869 (Bankr. N.D. Ill. 2008). “735 ILCS 5/12-808(b) (2006). 4 . The Illinois General Assembly recently amended the Code of Civil Procedure, adding subsection (k-5) to 735 ILCS 5/2-1402.”
In Re Earley, 305 B.R. 837 (Bankr. N.D. Ill. 2004). “On service of the summons, the interrogatories, the judgment and a wage deduction notice, 735 ILCS 5/12-805(a), 12-806 (2002), the employer must start deducting a portion of the wages, 735 ILCS 5/12-808(b), (e) (2002). Assuming the employer appears and answers the…”
Gen. Motors Acceptance Corp. v. Bates (In Re Bates), 161 B.R. 965 (N.D. Ill. 1993). “See 735 ILCS 5/12-808(b), Ill.Rev.Stat. ch. 110, para.”
In Re Rasberry, 264 B.R. 495 (Bankr. N.D. Ill. 2001). “The Judgment Creditor has a continuing lien under 735 ILCS 5/12-808(b) as to the Debtor’s future wages to secure the unpaid balance owed under the judgment, which will be adequately protected as long as the Debtor makes plan payments and remains employed at the current job and…”
— 735 ILCS 5/12-808(c) — 2 cases
Jackson v. Blitt & Gaines, P.C., 833 F.3d 860 (7th Cir. 2016). “735 ILCS 5/12-808(c). Third, while the debtor receives a copy of the employer’s answered interrogatories and may contest those answers or request a hearing to dispute whether certain wages are exempt, the only response that is necessary for the action to continue the action is…”
Cmty. 1st Credit Union v. Boswel (Ill. App. Ct. 1999). “" 735 ILCS 5/12-808(c) (West 1996). Ampad's letter was not under oath and it did not provide all of the required information.”
— 735 ILCS 5/12-808(e) — 3 cases
In Re Earley, 305 B.R. 837 (Bankr. N.D. Ill. 2004). “On service of the summons, the interrogatories, the judgment and a wage deduction notice, 735 ILCS 5/12-805(a), 12-806 (2002), the employer must start deducting a portion of the wages, 735 ILCS 5/12-808(b), (e) (2002). Assuming the employer appears and answers the…”
Nat'l Collegiate Student Loan Trust 2004-1 v. Ogunbiyi, 2018 IL App (1st) 170861 (Ill. App. Ct. 2018). “735 ILCS 5/12-808(e) (West 2016). Public Act 95-661 also amended section 12-808(e), which, prior to 2007, said the deduction order must set an "amount not to exceed" the amount set by section 12-803.”
Nat'l Collegiate Student Loan Trust 2004-1 v. Ogunbiyi, 2018 IL App (1st) 170861 (Ill. App. Ct. 2018). “735 ILCS 5/12-808(e) (West 2016). Public Act 95-661 also amended section 12-808(e), which, prior to 2007, said the deduction order must set an “amount not to exceed” the amount set by section 12-803.”
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