In Illinois, how much can creditors garnish my wages for?

Your paycheck can be garnished by your creditors, but wage garnishments don't just happen.  First, whomever you owe money to has to first get a judgment entered against you. Before that can happen, they will sue you.  Once the wage garnishment is allowed, it isn't up to your creditor how much they can take. (Then they'd take 100% of your pay, right?) The amount they can garnish is affected by other garnishments that you might already have on your paycheck. Under Illinois law, your employer cannot deduct per week an amount that exceeds 45 times the minimum wage (state or federal wage- whichever is higher). Before you start worrying about creditor wage garnishments and try to calculate the amount that can be taken out of your pay, talk to a bankruptcy attorney about how this might be prevented. The real answer is that you don't want your creditors getting any amount of your pay! Concerns over wage garnishment is a warning sign that it might be time to figure out a permanent solution to your debt problems.  Request our book "Bankruptcy Myths Exposed" which is free for people who live in the Chicago area (Cook, Kane and DuPage Counties). This will answer your questions and hopefully, offer you new hope so that you don't have to worry about wage garnishments!

 

Carol O'Connor Cadiz
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Attorney & Owner at O'Connor Cadiz Law: Bankruptcy, Injury, Real Estate & Mediation