If any person wrongfully causes summons to issue for a deduction order, he or she shall be liable to the employee and the employer for all damages occasioned by such action including reasonable attorney's fees, which damages or attorney's fees may be proved in the same action in which the summons was wrongfully issued.
12-817.Wrongful issuance of summons.
Article XII. Judgments - Enforcement · Part 8. Wage Deductions · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceMakes anyone who wrongfully causes a wage deduction summons to issue liable to both the employee and the employer for all resulting damages, including reasonable attorney's fees, provable in the same case.
Full Text of 735 ILCS 5/12-817
Plain-English Summary
Section 12-817 gives an employee and an employer recourse when a wage deduction summons should never have issued. If any person wrongfully causes such a summons to issue, that person is liable to both the employee and the employer for all damages the wrongful issuance causes -- including reasonable attorney's fees.
The section also simplifies how those damages get proved: rather than requiring a new lawsuit, the damages or attorney's fees may be proved in the same action in which the summons was wrongfully issued. That keeps the dispute over the wrongful summons and its consequences within the existing case, rather than forcing the employer or employee to start over in a separate proceeding.
Frequently Asked Questions
What happens if someone wrongfully causes a wage deduction summons to issue in Illinois?
Section 12-817 makes that person liable to both the employee and the employer for all damages caused by the wrongful summons, including reasonable attorney's fees.
Does the wronged employer or employee need to file a separate lawsuit to recover damages?
No. The damages or attorney's fees may be proved in the same action in which the summons was wrongfully issued.
Who is entitled to recover under this section -- the employer, the employee, or both?
Both. Section 12-817 makes the person who wrongfully caused the summons liable to the employee and the employer alike.
Are attorney's fees recoverable for a wrongfully issued wage deduction summons?
Yes. The statute specifically includes reasonable attorney's fees among the recoverable damages.
Does Section 12-817 define what makes a summons “wrongfully” issued?
No. It states the liability that follows from wrongful issuance without further defining the standard for what counts as wrongful.
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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