Which Creditors Can Garnish Wages in Illinois?

 Posted on October 11, 2024 in Debt Collection

If you have tried almost everything to get your debtor to start making payments and all less extreme methods have failed, it might be time to consider wage garnishment as a means of getting paid back. When you receive a court order giving you permission to garnish your debtor's wages, his or her employer will have to start withholding a portion of your debtor’s pay and sending it directly to you. In Illinois, nearly all creditors can use wage garnishment to recoup a debt. However, you will need to obtain a court order. An aggressive Chicago, IL debt collection lawyer can help you petition the court for a wage garnishment order.

What Types of Debt Can be Recovered Through Wage Garnishment? 

Some states are very restrictive regarding wage garnishment, allowing only certain types of creditors to resort to this method of debt recovery. These states often reserve wage garnishment as a remedy for specific types of debt, like family support obligations or tax debt.  Illinois allows most commercial creditors to use wage garnishment after getting a court order. You might be able to get a wage garnishment order to recover: 

 Credit card debt - People stop making credit card payments for a number of reasons. Some people believe that they will never be able to pay off the balance and refuse to try. Others erroneously think their creditors will not find their debt worth going to court over.

• Auto loan debt - Not all auto loan debt can be resolved by repossessing a vehicle. Debtors often stop making payments after a vehicle is totaled or breaks down. 
• Personal loan debt - Personal loans can be risky for the lender. It can be difficult to determine whether a borrower is likely to pay you back before lending the money. 
• Past-due rent - If you are a landlord and are preparing to evict a tenant for non-payment of rent, you can try to recover past-due rent this way.

How do I Get a Court Order for Wage Garnishment? 

You will first need to go to court to establish that your debtor owes you money and is behind on payments. Proving this will allow you to get a judgment for the amount your debtor currently owes. Then you can ask the court for an order to garnish your debtor’s wages. The court can send a notice directly to your debtor’s employer.

Contact a Chicago, IL Wage Garnishment Lawyer 

Dimand Walinski Law Offices, P.C. will fight for you to recover the full amount you are owed. Our experienced Cook County, IL wage garnishment attorneys represent national and regional lenders. Contact 312-704-0771 for a confidential consultation.