Wage Garnishment in Illinois


There are few more frustrating experiences than having your wages garnished. Suddenly, you see that a portion of your paycheck continues to disappear for reasons that may be unbeknownst to you. This is likely the result of a lender suing you to collect on an outstanding debt. The lender can be anyone from a medical collection center to the Internal Revenue Service and they can continue to garnish your wages until the debt is collected in its entirety. Maybe the most detrimental result of having your wages garnished is the fact that you can no longer make payments on other debts, thus creating a never-ending cycle of debt.

In order for a lender to garnish your wages, they must first seek a court judgement against you and petition to collect your wages as a form of debt payment. If the court approves the petition, the creditor or lender will then serve your employer with a writ of garnishment. You have a short period to respond with a possible reason for exemption to possibly halt the process. It won’t take long for you to notice that the garnishment is set. Creditors can seize a significant amount of your paycheck for every pay period until the full amount is collected.

What Can Cause Wage Garnishment?

Wage garnishment generally comes as a result of an outstanding debt, but there are a few specific circumstances that cause this to happen. These include:

Child Support

If you fall behind on child support payments or stop paying them altogether, your wages can be garnished. Your ex-spouse or a creditor can pursue wage garnishment and seize an extremely high portion of your paychecks.

Student Loans

Unpaid student loans is one of the most common causes of wage garnishment. Student loan payments can stretch out anywhere from 10 to 30 years and even longer after you stopped attending school. There are deferment options but if you completely stop making payments, you are likely to have your wages garnished. Contrary to many other circumstances, a court order is not required to enact the process.

Back Taxes

Owed back taxes to the IRS can result in the most severe form of wage garnishment. The IRS is the authoritative government and does not need a court order to pursue wage garnishment. They can even exceed the maximum amount allowed and seize a large majority of your paycheck.

How an Illinois Wage Garnishment Attorney can Help

Having your wages garnished can be the most financially damaging experience you have ever had to deal with. You see yourself working long hours only to see a fraction of your check come payday. Not only can you not afford many daily expenses, but you continue to fall behind on other payments. The non-bankruptcy attorneys of Illinois want you to know that you do have legal options for resolving your debt.

Benveniste Law Offices can take the legal steps necessary to free you from the grips of wage garnishment. Attorney Heather Benveniste has experience representing the afflicted debtor and can pursue exemption options that may apply. Contact us today at 1-800-497-5358 to speak with an experienced Illinois wage garnishment attorney. We do not collect a dime until you get paid!