How much of my wages can be garnished in Illinois?

Question

Accepted Answer

Illinois protects more wages than federal law via both a lower percentage cap and a higher minimum-wage floor.

1. Federal Floor

15 U.S.C. § 1673(a) caps garnishment at the lesser of 25% of disposable earnings or the amount above 30× federal minimum wage ($217.50/week).

2. Illinois Rule

735 ILCS 5/12-803 caps wage deduction at the lesser of:

15% of gross weekly wages; or

The amount by which disposable earnings exceed 45 times the greater of the federal or Illinois state minimum hourly wage.

With Illinois minimum wage at $15/hr (2026), the protected floor is $675/week ($15 × 45). Chicago/Cook County minimums may push this higher.

3. Special Categories

Child/spousal support: Up to 50-65% under 15 U.S.C. § 1673(b) and 750 ILCS 28/35 (Income Withholding for Support Act).

IRS levy: 26 U.S.C. § 6334.

Federal student loans: 15% under 20 U.S.C. § 1095a.

State tax: 35 ILCS 5/1109 — Department of Revenue continuous wage levy generally follows § 12-803 limits.

4. Head-of-Household Exemption

Illinois has no separate head-of-household exemption; the 15%/45×-FMW formula protects low earners broadly.

5. Process

Creditor obtains judgment, files an Affidavit for Wage Deduction Order under 735 ILCS 5/12-805, and serves a Wage Deduction Summons on the employer. Employer answers interrogatories within the return date. Debtor receives a Wage Deduction Notice listing exemptions and may request a hearing.

6. Multiple Garnishments

A wage deduction lasts up to 84 days (12 weeks) per § 12-808(c), after which the creditor must restart. Support has priority; only one ordinary wage deduction at a time.

7. Employer Anti-Retaliation

15 U.S.C. § 1674 and 740 ILCS 170/14 prohibit firing for a single wage assignment or deduction.

8. Bank Garnishment vs Wage Garnishment

Illinois citation to discover assets (735 ILCS 5/2-1402) reaches bank accounts. § 12-1001 exempts up to $4,000 in personal property ("wildcard") plus traceable wages received within the past 8 weeks under § 12-1001(b).

This is legal information, not legal advice.