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https://www.illinoislegalaid.org/legal-information/garnishing-debtors-wages
Date: 09/16/2025

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  3. Collecting from wages and bank accounts
  4. Garnishing a debtor's wages

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Money & Debt

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The Big Picture

When you sue someone for money, you will need to file a lawsuit with a court to prove that you are entitled to the money.…

More on Suing someone for $10,000 or less
Garnishing a debtor's wages How-To
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When a creditor Someone who is owed money has a judgment An official decision by a court that ends the dispute between parties against an employed debtor A person who owes money to someone else , one way to get paid back is to ask the court to require the debtor's employer to send the creditor part of the debtor's paycheck until the debt is paid off. This is called a wage deduction When a debtor's money is taken out of their paycheck or bank account to pay for a debt they owe or wage garnishment A legal procedure that requires the employer of a judgment debtor to withhold a portion of their wages to satisfy a judgment . It's different from a wage assignment because a wage assignment is voluntary.

Prepare the citation

The first step is to complete the citation to the employer. Our Collect a judgment from the debtor’s bank or employer Easy Form program can help. 

The form must contain the employer’s correct legal name. This information can be found by calling the employer. If they are an Illinois entity, they may be listed in the Illinois Secretary of State business entity search.

Serve the citation

The completed citation must be served on the debtor A person who owes money to someone else 's employer:

  • If the employer is a person, server that person, or
  • If the employer is a company, serve Giving court documents to someone an office or registered agent The person who receives notice of legal actions when a corporation is sued . 

Use the Illinois Secretary of State’s search to find the office or registered agent.

A debtor's employer may be served by a sheriff A county officer who can serve people with summons. They can evict someone with a court order. , a private process server Someone other than a sheriff who serves a summons , or certified mail A document delivery service such as the US Postal Service that sends a party a receipt as proof that the documents were mailed and delivered .

The person serving the citation must send a copy of the citation to the debtor by regular first-class mail within three days after the service on the employer. If the citation is served on the employer by certified mail, a copy may be mailed to the debtor at the same time.

Attend the hearing

If the employer's answer A written statement used to respond to the complaint or petition in a lawsuit states that it employs the debtor A person who owes money to someone else , the judge may issue a wage deduction When a debtor's money is taken out of their paycheck or bank account to pay for a debt they owe order. Garnishment When a debtor's money is taken out of their paycheck or bank account to pay for a debt they owe must follow the rules for collection-proof wages.

A clerk-stamped copy of the order signed by the judge must be mailed to the employer's representative. The employer must know where to send the money. Once the deductions begin, the employer will send the garnished amount each pay period until the judgment An official decision by a court that ends the dispute between parties and any interest are paid in full.

The employer isn't required to keep track of how much debt has been paid off. The creditor Someone who is owed money must follow Step 4 to notify the employer.

 

Send the employer updates

The creditor Someone who is owed money must send the employer a Certificate of Judgment An official decision by a court that ends the dispute between parties Balance every three months. The certificate tells the employer how much money is left to pay so that the employer knows when to stop garnishing the debtor A person who owes money to someone else 's wages The amount of money that a person is paid for work they do .

 

Last full review by a subject matter expert
December 30, 2024
Last revised by staff
December 30, 2024

About our legal information

Forms

Citation to discover assets to debtor Easy Form
A program to create forms to help you collect on a money judgment.
Collect a judgment from debtor's bank or employer Easy Form
A program to create forms to help you collect on a money judgment from a bank or an employer.

Learn more

Chicago's pro se court when the lawsuit is for $3,000 or less
Filing costs in a small claims case
What to consider before filing a small claims case
Time limits to file your small claims case
Settle before going to small claims court

Worried about doing this on your own?  You may be able to get free legal help.

Apply Online

The Big Picture

When you sue someone for money, you will need to file a lawsuit with a court to prove that you are entitled to the money.…

More on Suing someone for $10,000 or less

Forms

Citation to discover assets to debtor Easy Form
A program to create forms to help you collect on a money judgment.
Collect a judgment from debtor's bank or employer Easy Form
A program to create forms to help you collect on a money judgment from a bank or an employer.

Learn more

Chicago's pro se court when the lawsuit is for $3,000 or less
Filing costs in a small claims case
What to consider before filing a small claims case
Time limits to file your small claims case
Settle before going to small claims court
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© 2025 Illinois Legal Aid Online. 
All rights reserved.
 
ILAO is a registered 501(c)(3) nonprofit organization. ILAO's tax identification number is 20-2917133.