Illinois Debt Collection Laws
How long a creditor can sue you in Illinois, how much of your paycheck is protected, and where to get help.
Illinois debt rules at a glance
The key numbers. Details and the exact law are below.
How long can a creditor sue you in Illinois?
10 years for written debts, 5 for oral
Illinois gives 10 years to sue on promissory notes, written contracts and other written evidence of debt, and 5 years on unwritten contracts. Credit card cases can turn on which one applies, so check with legal aid if you are sued.
A written payment or promise restarts the clock
Under the written-debt statute, if a payment or new promise to pay is made in writing, the creditor gets a new 10 years from that date.
How much of your paycheck can be garnished?
15% cap on wage deductions
A wage deduction order can take no more than the lesser of 15% of your gross pay for the week, or the amount by which your disposable earnings exceed 45 times the federal or Illinois minimum hourly wage, whichever is greater.
What debt collectors can't do in Illinois
Illinois Collection Agency Act
Collection agencies are licensed in Illinois and can be disciplined for harassment, such as calling at unusual times or with a frequency meant to harass, and for adding fees the law doesn't allow.
Federal debt collection rules
Debt collectors everywhere must follow the federal Fair Debt Collection Practices Act and the CFPB's Regulation F. A collector may not sue or threaten to sue you on a debt that is past the time limit.
Collectors can't sue on expired debt
Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.
When a debt collector contacts you
A practical order of operations.
Don't pay or promise anything on the first call
Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.
Ask for validation in writing
Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.
Check the date of your last payment
Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.
Never ignore a lawsuit
If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.
Report abuse
Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).
Free help in Illinois
Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.
Illinois Attorney General
File a complaint: illinoisattorneygeneral.gov
CFPB complaint
File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint
Nonprofit credit counseling
Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.
Links checked September 24, 2026.
Sources
Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.
Primary sources
- 735 ILCS 5/13-206 - ten-year limit
- 735 ILCS 5/13-205 - five-year limit
- 735 ILCS 5/12-803 - wage deduction cap
- 205 ILCS 740/9 - Collection Agency Act
- Illinois Attorney General - file a complaint
- 12 CFR 1006.26 - Collection of time-barred debts (Regulation F)
- 15 U.S.C. 1673 - Federal limit on wage garnishment
- CFPB - Debt collection help
- FTC - Debt collection FAQs
Debt collection laws in other states →
Our standards: Financialist is free to read, with no ads and no sponsored content on this page. We check every rule against the primary source on the date shown. How we research · How we make money