Illinois Laws on Wage Garnishment, Statute of Limitations on Debt, and Bankruptcy Property Exemptions
WAGE GARNISHMENT EXEMPTION:  15% of gross wages or disposable earnings up to 45 times the federal minimum hourly wage, whichever is greater

MAXIMUM INTEREST RATE:  Legal: 5%    Judgment: 9%


Open Account (credit card): 5 years
Written Contract: 10 years
Domestic Judgment: 20 years
Foreign Judgment: That in the foreign jurisdiction

BAD CHECK LAW DAMAGES:  Triple check amount up to $500 plus attorney's fees and court costs


Cannot use federal exemptions, but can claim federal non-bankruptcy exemptions

The State of Illinois exempts the property and income below from seizure by the bankruptcy court to pay creditors:

Real Estate:  Real or personal property used as a residence up to $7,500 (proceeds from sale are exempt for up to one year from date of sale); must file homestead exemption with county [735-5/12/901, 735-5/12-902, 735-5/12-906]
Personal property:  Family pictures, bible, school books, unlimited amount [735-5/12-1001(a)]; clothing, amount needed [735-5/12-1001(a)]; health aids, unlimited amount [735-5/12-1001(e)]; motor vehicle up to $1,200 per person [735-5/12-1001(c)]; implements, books and tools of a trade up to $750 [735-5/12-1001(d)]; personal injury recoveries to $7,500 [735-5/12-1001(h)(4)]; proceeds from sale of exempt property up to exemption amount [735-5/12-1001]; wrongful death recoveries, amount needed for support [735-5/12-1001(h)(2)]
Debt > Statutes  >  Illinois
Insurance / Annuities:  Health or disability benefits, unlimited amount [735-5/12-1001(g)(3)]; homeowners' proceeds to $7,500 [735-5/12-907]; life insurance or annuity proceeds or cash value if beneficiary is insured's child, parents, spouse or other dependent, unlimited amount [214-5/238]; fraternal society benefits, unlimited amount [215-5/299.1a]; life insurance proceeds if policy prohibits proceeds from being used to pay creditors, unlimited amount [215-5/238]; life insurance proceeds, amount needed for support [735-5/12-1001(f)(h)(3)];  life insurance policy if beneficiary is insured's spouse or child, unlimited amount [735-5/12-1001(f)]
Pensions / Retirement Plan:  Teachers, unlimited amount [40-5/16-190, 40-5/17-151]; correction employees, unlimited amount [40-5/19-117]; retirement benefits, unlimited amount [735-5/12-1006]; police officers, unlimited amount [40-5/3-144.1 and 40-5/5-218]; municipal, county and state employees, unlimited amount [40-5/7-217(a), 40-5/8-244, 40-5/9-228, 40-5/14-147, 40-5/19-218, 735-5/12-1006]; civil service employees, unlimited amount [40-5/11-223]; disabled firefighters, widows and children of firefighters, unlimited amount [40-5/4-135, 40-5/6-213, 40-5/22-230]; park employees, unlimited amount [40-5/12-190]; general assembly members, unlimited amount [40-5/2-154]; judges, unlimited amount [40-5/18-161]; sanitation district employees, unlimited amount [40-5/13-805]; state university employees, unlimited amount [40-5/15-185]
Public Benefits / Entitlements:  Veterans' benefits, unlimited amount [735-5/12-1001(g)(2)]; workers' compensation, unlimited amount [820-305/21]; workers occupational disease compensation, unlimited amount [820-310/21]; unemployment compensation, unlimited amount [735-5/12-1001(g)(1)(3)]; social security, unlimited amount [735-5/12-1001(g)(1)]; crime victims compensation, unlimited amount [735-5/12-1001(b)(1)]; aid to aged, blind, disabled, and families with dependent children, unlimited amount [305-5/11-3]
Wages:  85% of earned but unpaid wages [740-170/4]
Miscellaneous:  Alimony and child support, amount needed for support [735-5/12-1001(g)(4)]; any property up to $2,000 [735-5/12-1001(b)]; business partnership property, unlimited amount [805-205/25]