Author: Attorney Desk Reference Manual
Last updated: July 2010

You have the right to keep certain property and income even if there is a money judgment against you.

Money and Property That Cannot Be Taken To Satisfy A Judgment

Illinois and Federal laws place limits on the collection of a judgment.  Exempt money or property cannot be taken from you for payment of a debt.  You can be sued and a judgment entered against you, but if your money or property comes from any of the sources listed below, that money or property cannot legally be taken from you to pay the judgment.

You must tell the judge or creditor’s attorney in your case that you think your income or property is exempt.  If you agree in court to make payments, however, you may have given up your exemption rights.

Exemptions may not apply to debts owed for taxes, child support, alimony or fines.

The following is a partial list of exemptions:

Personal Property Exemptions

• For each family member, necessary clothing, a Bible, school books, and family pictures
• $4,000 worth of property, including money in a bank account
• One motor vehicle in which your interest does not exceed $2,400
• $1,500 worth of implements, professional books or tools of your trade
• Health aids prescribed by a physician
• Money from the sale of exempt property.  HOWEVER, the property is not exempt if you purchase property with the intent of converting non-exempt property into exempt property or with the intent to defraud creditors.

Homestead Exemption

$15,000 of equity in a house, mobile home, condominium, building or lot of land occupied as a residence by the debtor is exempt.  Each couple who jointly owns a home would have a $30,000 homestead exemption since each could exempt $15,000.

Income Exemption

• Public Aid and General Assistance:
  • Aid to the Aged, Blind or Disabled (AABD)
  • Aid to Families with Dependent Children (TANF)
  • General Assistance (GA)

• Social Security
• Supplemental Security Income
• Veteran's Administration Benefits:

All V.A. benefits are exempt, except benefits subject to specific claims by the United States government.

• Worker's Compensation
• Black Lung Benefits
• Unemployment Compensation
• Alimony, Support and Maintenance:
  • Alimony, support, and maintenance are exempt to the extent they are reasonably necessary for your support and the support of your dependents.
• Pension:
  • With some exceptions, pensions are exempt to the extent they are reasonably necessary for your support and the support of your dependents

Payments for:

• Crime Victim’s Award
• Wrongful Death Award or Life Insurance payments of a person on whom you are dependent to the extent reasonably necessary for your support
• Payment of up to $15,000 for personal injury to you or your dependent.

At Least 85% of Gross Weekly Wages

Your wages cannot be garnished unless your take home pay after taxes is more than $371.25 per week (45 times the minimum wage).  If your take home pay is more than $371.25, the most that can be garnished is 15% of your weekly gross pay.

This information is based on laws, which can be found in chapter 735 of the Illinois Compiled Statutes, at sections 5/12-803, 5/12-901, and 5/12-1001. This information is only an overview of your exemption rights. See a lawyer for a more thorough explanation.