Wage Garnishment Limits in Illinois

At a glance

Requirements one by one

Maximum that can be garnished

Section 12-803 says the amount subject to an ordinary deduction order is “the lesser of (1) 15% of such gross amount” or disposable earnings above the 45-times minimum-wage floor. Gross wages supply the percentage base; earnings after legally required withholding supply the floor calculation. The federal 25%-of-disposable-earnings ceiling applies as well (15 U.S.C. § 1673(a)).

Minimum-wage protected floor

For a summons served since January 1, 2006, § 12-803 uses the higher of the federal wage and the Illinois minimum hourly wage prescribed by Minimum Wage Law § 4. A worker with disposable earnings at or below 45 times that hourly rate has no wages available under an ordinary deduction order.

Support, tax, and retirement benefits

The support withholding notice must state that total withholding cannot exceed the federal Consumer Credit Protection Act maximum (750 ILCS 28/20(c)(6)). Federal support limits are 50% or 60% of disposable earnings, rising to 55% or 65% for qualifying older arrears (15 U.S.C. § 1673(b)(2)). Federal law excepts state and federal tax debts and Chapter 13 orders from its ordinary limit (§ 1673(b)(1)). Section 12-804 exempts retirement fund benefits, refunds, assets, and required contributions from an ordinary deduction order, including a plan governed by ERISA.

Multiple garnishments at once

Under § 12-808(c), a wage deduction lien has priority over a later lien, and later summonses are effective in the order served. Support liens for a spouse or dependent children take priority over other wage deduction liens.

Protection from being fired

Section 12-818 prohibits an employer from discharging or suspending an employee because of a deduction order for one indebtedness. A violation is a Class A misdemeanor. The federal protection in 15 U.S.C. § 1674 also speaks in terms of “any one indebtedness.”

What trips people up

The state percentage is based on gross wages; the federal percentage and both wage floors use disposable earnings. Apply each limit to its own base and use the smallest permitted deduction. The state 15% gross figure alone does not always yield a smaller number than the federal 25% disposable figure.

Common questions

Does it matter where I earned the wages? Section 12-803 says its formula applies regardless of where the compensation was earned or payable or where the employee resides.

Does the employer send withheld wages to the creditor as soon as the summons arrives? Section 12-808(b) says the employer holds nonexempt wages subject to the court’s order. The lien continues on later earnings until the judgment and costs are paid, unless employment ends or the judgment is vacated or modified.

Statutes and sources

• 735 ILCS 5/12-803 — https://www.ilga.gov/documents/legislation/ilcs/documents/073500050K12-803.htm (accessed 2026-10-06)
• 735 ILCS 5/12-804 — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K12-804 (accessed 2026-10-06)
• 735 ILCS 5/12-808(c) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K12-808 (accessed 2026-10-06)
• 735 ILCS 5/12-818 — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K12-818 (accessed 2026-10-06)
• 750 ILCS 28/20(c)(6) — https://www.ilga.gov/documents/legislation/ilcs/documents/075000280K20.htm (accessed 2026-10-06)
• 15 U.S.C. § 1673 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-06)
• 15 U.S.C. § 1674 — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1674.htm (accessed 2026-10-06)
• 15 U.S.C. § 1673(b)(2) — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-06)
• 735 ILCS 5/12-808(b) — https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K12-808 (accessed 2026-10-06)
• 15 U.S.C. § 1673(b)(1) — https://www.govinfo.gov/content/pkg/USCODE-2024-title15/html/USCODE-2024-title15-chap41-subchapII-sec1673.htm (accessed 2026-10-06)