๐๏ธ Illinois Wage Garnishment Laws & Collection Guide ()
๐ Collecting a judgment in Illinois? Wage garnishment in the Prairie State has some unique features that creditors should understand. Illinois provides significant debtor protections, but garnishment remains an effective collection tool. This guide covers everything you need to know as part of your Illinois judgment collection strategy.
โ๏ธ What Is Wage Garnishment in Illinois?
Wage garnishment in Illinois allows judgment creditors to collect from a debtor’s paycheck. Illinois has its own garnishment statute (735 ILCS 5/12-801 et seq.) with limits that differ from federal standards.
For creditors working on how to collect a judgment, understanding Illinois’s unique rules is essential. Our skip tracing services help locate debtors throughout Illinois.
๐ก Key Point: Illinois uses 15% of gross wages OR amount exceeding 45ร state minimum wageโthis is different from federal rules. Illinois also limits garnishment to 7 years (renewable) judgment periods.
โ ๏ธ Illinois Difference: Illinois calculates garnishment on GROSS wages (not disposable), which can result in different amounts than federal calculations. The 45ร state minimum wage test also provides more debtor protection.
๐๏ธ Types of Wage Garnishment
- Consumer Debt Garnishment โ 15% of gross OR 45ร state min wage test
- Child Support โ Up to 50-65% of disposable earnings
- Tax Levies โ Illinois DOR and IRS have broader powers
- Student Loans โ Up to 15% for federal student loans
๐ฐ Illinois Wage Garnishment Limits
Illinois has unique garnishment limits. Maximum garnishment is the lesser of:
๐ข Option 1: 15% of GROSS weekly wages
๐ต Option 2: Amount exceeding 45ร Illinois minimum wage
๐ Illinois Exemption Table
| Debt Type | Maximum Garnishment | Notes |
|---|---|---|
| ๐ Consumer Debt | 15% gross or 45ร IL min wage | Illinois-specific formula |
| ๐จโ๐ฉโ๐ง Child Support | 50-65% | Priority over others |
| ๐ Student Loans | 15% | Administrative process |
| ๐๏ธ Tax Debt | Varies | Broad powers |
๐ Need to Find a Debtor’s Employer in Illinois?
Our employment verification services locate employer information within 24 hours.
Order Employer Search โ๐ Steps to Garnish Wages in Illinois
- Obtain a Money Judgment
Get an Illinois judgment or domesticate an out-of-state judgment.
- Locate Debtor and Employer
Our Illinois skip tracing finds employer information.
- File Wage Deduction Summons
File a Wage Deduction Proceeding with the court. Illinois uses specific forms.
- Serve the Employer
Serve the wage deduction summons on the employer.
- Employer Files Answer
Employer must respond within 20 days.
- Court Enters Order
Court issues wage deduction order specifying amounts.
- Monitor Payments
Track payments and file satisfaction when paid.
๐ Skip Tracing in Illinois
๐๏ธ Illinois Coverage
- Chicago Metro Area โ State’s largest population center
- Springfield โ State capital
- Rockford โ Northern Illinois
- Peoria โ Central Illinois
- Champaign-Urbana โ University area
๐ฏ Illinois Debtor Hiding from Collection?
20+ years helping creditors locate judgment debtors throughout Illinois.
Start Your Search โโฑ๏ธ Garnishment Timeline
Week 1: File wage deduction summons
Week 1-2: Serve employer
Week 2-4: Employer files answer (20 days)
Week 4-6: Court enters order
Week 6-8: First payment received
๐ก๏ธ Debtor Protections
- 45ร state minimum wage protection โ Higher than federal standard
- 15% of gross wages cap
- Exempt income โ Social Security, SSI, veterans benefits
- Objection rights โ Can claim exemptions
๐ Our Illinois Services
๐ Skip Tracing
๐ผ Asset Research
๐ Ready to Collect Your Illinois Judgment?
Get Started Today โโ FAQs
The lesser of 15% of gross weekly wages OR amount exceeding 45ร Illinois state minimum wage.
7 years, renewable for additional 7-year periods.
Illinois uses 15% of GROSS wages (not disposable) and 45ร STATE minimum wage (not federal). This generally provides more debtor protection.
