Illinois · Debt collection rights · Updated Oct 2026

Debt collectors in Illinois: your rights

What debt collectors can and can't do in Illinois, how long they have to sue, how much of your pay and bank account is protected, collector licensing, where to complain and what to do if you are sued, in plain English from official sources.

10 yearsto sue on a written contract
Up to 15%wage garnishment limit
Yescollector license required
Yesstate debt collection law
30 daysto answer a debt lawsuit

Your federal rights

These federal rules apply in Illinois and every other state. Illinois's own law, below, can add more.

  • Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
  • A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
  • Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
  • When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
  • Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
  • What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).

Read how to dispute a debt or stop collector calls.

Illinois law and extra protections

State law
Collection Agency Act
Law
205 ILCS 740 (formerly 225 ILCS 425)
Covers original creditors
No
Extra protections
  • A collection agency cannot threaten to contact your employer unless you have been behind at least 30 days and it gave you 5 days' written notice first. (205 ILCS 740/9(a)(18))
  • Calls before 8 a.m. or after 9 p.m. your local time, or calls so frequent they harass you or your family, are prohibited. (205 ILCS 740/9(a)(19))
  • A collection agency cannot tell others about a debt it knows you dispute without saying it is disputed. (205 ILCS 740/9(a)(22))
  • If a debt was coerced (for example, taken out in your name by an abuser or trafficker), you are not liable for it and can send the agency a written Statement of Coerced Debt with supporting documents. (205 ILCS 740/9.6)
  • If you send a police report and an identity-theft statement, the agency must stop collecting until it reviews your claim. (205 ILCS 740/9.4)
Can you sue under it?
IDFPR can discipline and fine agencies up to $10,000 per violation (205 ILCS 740/9), and any person may go to court to stop an unlicensed agency (205 ILCS 740/14a). You can sue a debt collector that breaks the federal FDCPA (15 U.S.C. § 1692k).
Official text
Read the law

Old debts in Illinois

Written contracts
10 years
Open accounts and unwritten agreements
5 years
Does a payment restart the clock?
Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise. (735 ILCS 5/13-206)
Law
735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)
Official text
Read the law

The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.

Is my debt too old? Check Illinois's time limit

Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.

Credit cards count as written contracts in some states and as open accounts in others. If you are not sure, try both.

Or the date you first missed a payment, if you never paid.

Illinois: 10 years for a written contractEnter the date of your last payment to see when the time limit ends.

An estimate from our state data, not legal advice. Your state's law and your account records decide the exact start date and the type of debt.

Wage garnishment and bank accounts in Illinois

Wage limit
Stricter than federal: no more than 15% of gross weekly wages, or the amount of disposable earnings above 45 times the higher of the federal or Illinois minimum wage, whichever is less.
Bank account
After a consumer debt judgment, $1,000 in a checking or savings account is automatically protected until the court's return date. It is part of your $4,000 'any property' exemption, which you must claim in court. (735 ILCS 5/12-1001.1; 12-1001(b))
Law
735 ILCS 5/12-803; 735 ILCS 5/12-1001.1

Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.

Property you can keep in Illinois

Home: up to $50,000 per person ($100,000 total if two or more own it) (735 ILCS 5/12-901, as amended by P.A. 104-120, eff. Jan. 1, 2026). One vehicle up to $3,600; $4,000 in any other property; household goods and personal possessions are exempt, but a creditor can ask the court to take an item worth more than $5,000 (735 ILCS 5/12-1001).

Collector licensing in Illinois

License required
Yes
Who licenses
Illinois Department of Financial and Professional Regulation (IDFPR), Division of Financial Institutions, Consumer Credit Section
Check a license
Official license lookup

Medical debt in Illinois

Since July 2, 2024, credit reports cannot include medical debt (SB 2933, amending the Consumer Fraud and Deceptive Business Practices Act). The state also funded a program to buy and cancel medical debt for eligible low-income residents (HB 5290, 2024); people helped get a letter and do not need to apply. Note: on October 28, 2025 the federal Consumer Financial Protection Bureau issued an interpretive rule saying that the federal Fair Credit Reporting Act generally preempts state laws that ban medical debt from credit reports (90 Fed. Reg. 48710). The state law is still on the books, but credit bureaus may argue it cannot be enforced, and courts have the final say.

If you are sued in Illinois

Time to answer
Most debt cases: file an appearance and answer within 30 days after you are served, not counting the day of service (Ill. S. Ct. Rule 101(d)). Smaller money claims may use a summons with a set court date: you must appear on that day (Ill. S. Ct. Rule 101(b)).
If you don't answer
If you don't appear or answer on time, a default judgment may be entered against you for what the complaint asks.
Court self-help
Illinois court self-help (official)

Don't ignore court papers. Read what to do if a debt collector sues you.

Where to complain in Illinois

Free help in Illinois

Good to know in Illinois

  • Illinois moved the Collection Agency Act to 205 ILCS 740; IDFPR says its collection agency board was repealed as of January 1, 2026 (Public Act 104-149).
  • Illinois has one of the longest limits for written debts: 10 years (735 ILCS 5/13-206).

Changes in 2024–2026

2024: medical debt credit-reporting ban (SB 2933) and state medical debt relief program (HB 5290). 2026: P.A. 104-120 (eff. Jan. 1, 2026) raised the homestead exemption to $50,000 and amended the bank-account automatic exemption; P.A. 104-149 (eff. Jan. 1, 2026) amended the Collection Agency Act and repealed its board; P.A. 104-842 (eff. Aug. 21, 2026) amended 735 ILCS 5/13-206.

Free letters to send a collector

Dispute a debt and ask for proof (validation letter)

Within 30 days of the collector's validation notice.

Tell a collector to stop or limit contact

Stop all contact, writing only, or no calls at work.

Questions about debt collection in Illinois

What is the statute of limitations on debt in Illinois?

10 years for written contracts and 5 years for open accounts and unwritten agreements (735 ILCS 5/13-206 (written contracts); 735 ILCS 5/13-205 (unwritten contracts)).

Does paying on an old debt restart the clock in Illinois?

Yes, for written debts, if the payment or new promise to pay is in writing: you can then be sued within 10 years after that payment or promise. (735 ILCS 5/13-206)

How much of my paycheck can be garnished in Illinois?

Stricter than federal: no more than 15% of gross weekly wages, or the amount of disposable earnings above 45 times the higher of the federal or Illinois minimum wage, whichever is less.

How much money in a bank account is protected in Illinois?

After a consumer debt judgment, $1,000 in a checking or savings account is automatically protected until the court's return date. It is part of your $4,000 'any property' exemption, which you must claim in court. (735 ILCS 5/12-1001.1; 12-1001(b))

Do debt collectors need a license in Illinois?

Yes. Illinois Department of Financial and Professional Regulation (IDFPR), Division of Financial Institutions, Consumer Credit Section

Does Illinois have its own debt collection law?

Yes: the Collection Agency Act (205 ILCS 740 (formerly 225 ILCS 425)). It does not cover original creditors collecting their own debts.

How long do I have to answer a debt lawsuit in Illinois?

Most debt cases: file an appearance and answer within 30 days after you are served, not counting the day of service (Ill. S. Ct. Rule 101(d)). Smaller money claims may use a summons with a set court date: you must appear on that day (Ill. S. Ct. Rule 101(b)).

Does Illinois protect people with medical debt?

Since July 2, 2024, credit reports cannot include medical debt (SB 2933, amending the Consumer Fraud and Deceptive Business Practices Act). The state also funded a program to buy and cancel medical debt for eligible low-income residents (HB 5290, 2024); people helped get a letter and do not need to apply. Note: on October 28, 2025 the federal Consumer Financial Protection Bureau issued an interpretive rule saying that the federal Fair Credit Reporting Act generally preempts state laws that ban medical debt from credit reports (90 Fed. Reg. 48710). The state law is still on the books, but credit bureaus may argue it cannot be enforced, and courts have the final say.

Where can I complain about a debt collector in Illinois?

Illinois Attorney General, Consumer Protection Division (also IDFPR for licensed collection agencies): https://illinoisattorneygeneral.gov/File-A-Complaint/ · 1-800-386-5438 (Chicago); 1-800-243-0618 (Springfield); 1-866-310-8398 (Spanish)

Other states