Upon the death of an employer the procedure shall be the same as in the case of the death of a defendant in other civil cases.
12-815.Death of employer.
Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceTreats an employer's death in a wage deduction case the same way Illinois civil procedure treats the death of a defendant in any other civil case.
Full Text of 735 ILCS 5/12-815
Plain-English Summary
Section 12-815 is a short cross-reference rather than a stand-alone procedure. If the employer named in a wage deduction proceeding dies, the case follows the same path Illinois already uses when a defendant dies in an ordinary civil case, rather than creating a separate wage-deduction-specific process for that event.
The provision fits naturally with the rest of Part 8's treatment of the employer as a party bound by interrogatories, answers, and deduction orders: since the employer occupies something like a defendant's role in this proceeding, the general civil procedure rules for handling a defendant's death carry over without modification.
Frequently Asked Questions
What happens to a wage deduction case if the named employer dies?
Section 12-815 provides that the procedure is the same as in the case of the death of a defendant in other civil cases.
Does Section 12-815 create special rules just for wage deduction cases?
No. It expressly imports the general civil procedure practice for the death of a defendant rather than setting out anything wage-deduction-specific.
Why would an employer be treated like a defendant when it dies mid-case?
Because Part 8 treats the employer as a party bound by the interrogatories, the answer, and any deduction order entered against it -- much like a defendant.
Where would the general procedure for a defendant's death be found?
In Illinois's general civil procedure provisions governing substitution of parties after death, such as Section 2-1008.
Does the debtor's underlying claim against the employer survive the employer's death?
Section 12-815 doesn't address that question directly -- it only directs that the death be handled the same way a defendant's death is handled in other civil cases.
Amendment History
(Source: P.A. 82-280.)
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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