Illinois STATE LAW

WAGE GARNISHMENT EXEMPTION:

– 15% of gross wages or disposable earnings up to 45 times the federal minimum hourly wage ($5.15), whichever is greater

MAXIMUM INTEREST RATE:

– Legal: 5% Judgment: 9%

STATUTE OF LIMITATIONS ON ENFORCEMENT:

– 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

tape recording

– Two party state

BANKRUPTCY PROPERTY EXEMPTIONS:
(Illinois Annotated Statutes)

– 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)]

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]