Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Last amended 2008 · Last verified July 20, 2026
In one sentenceCharges the cost of obtaining a wage deduction order to the debtor unless the creditor incurred those costs improperly, bars charging an employer any fee for filing its appearance or answer, and pays the employer a 2% fee on the amount deducted.
Full Text of 735 ILCS 5/12-814
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(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.
Plain-English Summary
Section 12-814 allocates who pays for the wage deduction process. As a default, the costs of obtaining a deduction order are charged to the judgment debtor. The court can shift that if it determines, in its discretion, that costs the judgment creditor incurred were improperly incurred -- in that case, the creditor bears those costs instead.
The employer's side of the ledger is narrower. No fee is charged to the employer for filing an appearance, an answer, or a satisfaction of judgment. But the employer is not left uncompensated for its part in the process: a fee of 2% of the amount required to be deducted under any deduction order is paid to the employer, and that 2% fee is charged to the judgment debtor, not absorbed by the employer or the creditor. Beyond that 2% fee, no other fee is paid to the employer at the time of service or afterward -- with one exception: if the employer is subpoenaed to appear as a witness, it is entitled to witness fees the same as in other civil cases.
Frequently Asked Questions
Who pays the costs of obtaining a wage deduction order in Illinois?
The judgment debtor, by default. If the court determines the judgment creditor's costs were improperly incurred, the creditor pays those costs instead.
Does the employer have to pay a fee to file its appearance or answer?
No. Section 12-814(b) states no fee shall be paid by an employer for filing an appearance, answer, or satisfaction of judgment.
Does the employer get paid anything for handling the wage deduction?
Yes. A fee of 2% of the amount required to be deducted by the deduction order is paid to the employer, and that fee is charged to the judgment debtor.
Can the employer charge any other fee beyond the 2% for processing a wage deduction?
No, except witness fees if the employer is subpoenaed to appear as a witness, in which case it is entitled to witness fees as in other civil cases.
What happens if the court decides the creditor's costs were improperly incurred?
Those costs are paid by the judgment creditor rather than charged to the judgment debtor.
Amendment History
(Source: P.A. 95-661, eff. 1-1-08.)
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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