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https://www.illinoislegalaid.org/legal-information/garnishing-debtors-wages
Date: 09/07/2025

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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 has a judgment against an employed debtor, 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 or wage garnishment. 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's employer:

  • If the employer is a person, server that person, or
  • If the employer is a company, serve an office or registered agent. 

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 private process server, or certified mail.

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 states that it employs the debtor, the judge may issue a wage deduction order. Garnishment 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 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 must follow Step 4 to notify the employer.

 

Send the employer updates

The creditor must send the employer a Certificate of Judgment 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's wages.

 

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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