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Summary of differences between federal and state regulations
Earnings exposed to garnishment
The state of Illinois restricts garnishment to no more than 15% of gross wages or disposable earnings for workweek up to 45 times the federal minimum hourly wage, whichever is greater.
State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
735 ILCS § 5/12-818 Discharge or suspension of employee prohibited.
Discharge or suspension of employee prohibited. No employer may discharge or suspend any employee by reason of the fact that his or her earnings have been subjected to a deduction order for any one indebtedness. Any person violating this Section shall be guilty of a Class A misdemeanor.
735 ILCS § 5/814 Costs and fees.
(a) The costs of obtaining a deduction order shall be charged to the judgment debtor, unless the court determines, in its discretion, that costs incurred by the judgment creditor were improperly incurred, in which case those costs shall be paid by the judgment creditor.
(b) No fee shall be paid by an employer for filing his or her appearance, answer or satisfaction of judgment against him or her.
(c) A fee consisting of 2% of the amount required to be deducted by any deduction order shall be allowed and paid to the employer, and the amount so paid shall be charged to the judgment debtor.
(d) No other fee shall be paid to an employer at the time of service of the summons or at any other time thereafter unless he or she is subpoenaed to appear as a witness, in which case he or she is entitled to witness fees as in other civil cases.
No employer may discharge or suspend any employee by reason of the fact that his earnings have been subjected to wage demands on his employer for any indebtedness. Any person violating this Section shall be guilty of a Class A misdemeanor.
750 ILCS § 28/35 Duties of payor.
750 ILCS § 28/50 Penalties.
735 Illinois Compiled Statutes, Article 7, Part 7 Garnishment, Sec. 12-701 - 719
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.