What's a Citation to Discover Assets to Debtor's Employer?

EN
EN
ES

What's a Citation to Discover Assets to Debtor's Employer?

What's a Citation to Discover Assets to Debtor's Employer?

751

What's a Citation to Discover Assets to Debtor's Employer?

What are Citations to Discover Assets?

When someone gets a court judgment, they use Citations to Discover Assets to find out where the debtor has money or property to collect on the judgment. Illinois has three different kinds of Citations:

  • Citation to Discover Assets to Debtor: This is used to find out if the debtor has money or property that can be taken.
  • Citation to Discover Assets to Debtor's Employer: This is used to find out if the debtor has wages that can be taken (garnished).
  • Citation to Discover Assets to Debtor's Bank: This is used to find out if the debtor has money in a bank account that can be taken (garnished)

💡 Important: The law automatically protects at least 85% of your wages from garnishment. You have the right to protect up to $4,000 in your bank account using a wildcard exemption. $1,000 of your money in a bank account is automatically protected from being frozen until the hearing date if your judgment is from 2020 or after.

What is a Citation to Discover Assets to Debtor's Employer?

If a creditor has a court judgment saying you owe them money, they may try to collect the debt from your paycheck. To do this, they can send a Citation to Discover Assets to your employer.

This legal notice asks your employer for information about your job and wages. It can lead to wage garnishment. This means your employer may be told to take money out of your paycheck to pay the debt.

How the process works

Once the court decides you owe money, the creditor can:

  • File a citation in court and send it to your employer,
  • Ask your employer to respond to questions about your job and income, and
  • Possibly start taking money from your paycheck.

You should get a notice that your employer received this citation. A court hearing may be scheduled. 

How much can be taken from your paycheck

In Illinois, only part of your wages can be taken. The court will choose the smaller of:

  • 15% of your gross (before-tax) wages, or
  • Any wages over 45 times the Illinois minimum wage per week.

As of 2026, the minimum wage is $15 per hour. That means you must be left with at least $675 per week ($15 x 45) after garnishment.

Your rights

You are not required to attend this court hearing. The law automatically protects 85% or more of your wages from garnishment. You do not need to file any paperwork or attend court for this protection. 

You can also go to the hearing to protect other property, including:

  • Up to $4,000 in your bank account using a wildcard exemption,
  • Certain other property as explained in this article,
  • Social security, SSI benefits, and disability,
  • Pension and retirement benefits and refunds,
  • Public assistance benefits,
  • Child support,
  • Unemployment compensation benefits,
  • Workers' compensation benefits, and
  • Veterans' benefits.

If the wage garnishment will make it hard for you to pay for basic needs like food or rent, you can file an Emergency Motion to Claim Exemption. The court will schedule a hearing and you can tell the judge why the garnishment would be a hardship. The judge will decide if money should be taken, and how much.

What else to know

  • The garnishment continues until the debt is paid.
  • Your employer must follow the court’s instructions and send the money to the creditor.
  • The creditor must update the court every 3 months to show how much you still owe.
Last revised by staff
June 30, 2025