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12-801.Definitions.

Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Last amended 1995 · Last verified July 20, 2026

In one sentenceDefines the six terms that run through Illinois's wage-deduction statute -- deduction order, employer, federal agency employer, judgment creditor, judgment debtor, and wages -- so every later section in Part 8 reads the same way.

Full Text of 735 ILCS 5/12-801

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As used in Part 8 of Article XII of this Act: "Deduction order" means an order entered pursuant to Section 12-811 of this Act.
"Employer" means the person named as employer in the affidavit filed under Section 12-805.
"Federal agency employer" means an agency of the federal government as defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a judgment by confession which has not been confirmed as provided in Part 8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other compensation owed by an employer to a judgment debtor.

Plain-English Summary

Section 12-801 is the glossary for Part 8. Rather than spell out each term where it first appears, the statute front-loads six definitions that later sections lean on without repeating. A 'deduction order' is the order a court enters under Section 12-811 once a wage deduction case is tried. 'Employer' is not defined by who pays the debtor day to day -- it means whoever the judgment creditor named as employer in the affidavit filed under Section 12-805, which is why getting that affidavit right matters.

The remaining definitions draw lines around who can use this procedure and against whom. A 'judgment creditor' is anyone who holds a judgment, with one exception: someone holding a confession judgment that has not been confirmed under Part 8 does not count, since Section 12-813 requires that confirmation first. A 'judgment debtor' is just the person the judgment runs against. A 'federal agency employer' is an agency of the federal government as defined in the federal wage-garnishment statute for federal employees, 5 USC 5520a(a)(1) -- a category that matters because Part 8 treats federal agency employers differently in several places, including how they pay over withheld wages and answer interrogatories.

Finally, 'wages' covers hourly pay, salaries, commissions, bonuses, or other compensation an employer owes the judgment debtor. That broad, catch-all phrasing is what lets Part 8 reach compensation beyond a fixed hourly rate or salary.

Frequently Asked Questions

What counts as “wages” under Illinois's wage deduction law?

Section 12-801 defines wages as any hourly pay, salaries, commissions, bonuses, or other compensation an employer owes a judgment debtor. The phrase reaches beyond a fixed paycheck to commissions and bonuses as well.

Who counts as the “employer” in an Illinois wage deduction case?

The employer is whoever the judgment creditor names as employer in the affidavit filed under Section 12-805. That affidavit, not the debtor's actual job situation, fixes who the summons runs against.

Does someone holding a confession judgment count as a “judgment creditor” for wage deduction purposes?

Not unless the confession judgment has been confirmed as Part 8 requires. Section 12-801 excludes an unconfirmed confession judgment from the definition of judgment creditor, and Section 12-813 explains how confirmation works.

What is a “federal agency employer” under this statute?

It means an agency of the federal government as defined in 5 USC 5520a(a)(1), the federal law governing wage garnishment against federal employees. Part 8 gives federal agency employers a distinct payment and answer procedure in Sections 12-808 and 12-811.

What is a “deduction order” in Illinois wage garnishment law?

It is the order a court enters under Section 12-811 after trying the issues in a wage deduction proceeding. Section 12-802 then gives that order the same force and effect as any other judgment.

Amendment History

(Source: P.A. 89-28, eff. 6-23-95.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
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