Wage garnishment and exemptions in Illinois

In Illinois, a creditor can take no more than 15% of your pay. Below: bank accounts, the property Illinois lets you keep, and the steps to claim it.

Short answer

Illinois sets a lower limit than federal law: no more than 15% of your pay. 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. In a bank account: After a consumer debt judgment, $1,000 in a checking or savings account is automatically protected until the court's return date.

Wage limit
Up to 15%
Federal benefits in a bank account
Up to 2 months protected
Law
735 ILCS 5/12-803; 735 ILCS 5/12-1001.1

Your paycheck and garnishment 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.
Law
735 ILCS 5/12-803; 735 ILCS 5/12-1001.1

In our 48 state guides, 13 states, Illinois among them, cap garnishment at 15% or less, below the federal 25% (15 U.S.C. 1673(a)).

In nearby states

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).

What Illinois protects in a 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))

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

More Illinois rules

  • Jan. 1, 2026) raised the homestead exemption to $50,000 and amended the bank-account automatic exemption; P.A. 104-149 (eff.

No garnishment without a judgment in Illinois

If you don't appear or answer on time, a default judgment may be entered against you for what the complaint asks.

If you are sued, answer on time. 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)).

What to do if you are sued in Illinois

Protecting your pay and property in Illinois

  1. Keep every paper

    Note any deadline to claim exemptions on papers from the court, your employer or your bank; it can be short.

  2. Work out what Illinois protects

    Illinois's wage rule: 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.

  3. Protect your bank money

    Illinois also protects money in an account: After a consumer debt judgment, $1,000 in a checking or savings account is automatically protected until the court's return date. Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. Claim your exemptions in court

    Ask the court clerk for the exemption claim form and file it by the deadline. Start with Illinois court self-help (official).

Questions about garnishment in Illinois

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))

What property is protected from creditors 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).

Are my Social Security and VA benefits safe in a Illinois bank account?

Directly deposited Social Security, SSI, VA and certain other federal benefits are protected up to two months' worth, without filing anything (31 CFR 212.5, 212.6). After a consumer debt judgment, $1,000 in a checking or savings account is automatically protected until the court's return date.

Related Illinois pages

Wage garnishment in nearby states

Sources

Last checked: Oct 24, 2026.

Federal sources