Illinois Compiled Statutes
740 ILCS 170/4 (2026)
The maximum wages, salary, commissions, and bonuses that may be collected by an assignee for any work week shall not exceed 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, U
✓ current as of May 2026
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(740 ILCS 170/4)
(from Ch. 48, par. 39.4)
Sec. 4. The maximum wages, salary, commissions, and bonuses that may be
collected by an assignee for any work week shall not exceed 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, U.S.C., as amended, or 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.
If there is more than one assignment demand received by the employer, the
assignees shall collect in the order or priority of service of the demand upon
the employer, but the total of all collections shall not exceed the amount that
could have been collected if there had been one assignment demand.
Benefits and refunds payable by pension or retirement funds or systems, any
assets of employees held by those funds or systems, and any moneys an employee
is required to contribute to those funds or systems are exempt and are not
subject to a wage assignment under this Act.
A fee of $12 for each wage assignment shall be collected by and paid to the
employer and the amount so paid shall be credited against the amount of the
wage-earner's outstanding debt.
(Source: P.A. 94-305, eff. 7-21-05.)
Notes of Decisions
Cited in 4
cases, 2005–2008 · 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). “There is no reasonable basis to suggest that either 735 ILCS 5/12-803 or 740 ILCS 170/4 provides an exemption for wages that have been paid to an employee which are held in the form of cash or a bank deposit.”
In Re Mayer, 388 B.R. 869 (Bankr. N.D. Ill. 2008). “See Illinois Wage Assignment Act, 740 ILCS 170/4 (2006). 3 . At the same time, Kauk presented several reasons why citation proceedings are less favored for enforcing judgments against a debt- or's wages held by employers.”
Crank v. Crank, 871 N.E.2d 962 (Ill. App. Ct. 2007). “Gary argued that $300 consisted of 60% of his weekly income, far higher than the 15% allowed by the Illinois Wage Assignment Act (740 ILCS 170/4 (West 2004)) and also that under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505(g — 5) (West 2006)), the…”
Crank v. Crank (Ill. App. Ct. 2007). “Gary argued that $300 consisted of 60% of his weekly income, far higher than the 15% allowed by the Illinois Wage Assignment Act (740 ILCS 170/4 (West 2004)) and also that under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/505(g-5) (West 2006)), the circuit…”
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