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