Legal Question in Credit and Debt Law in Illinois

If I made a personal loan to my son almost a year ago and have not yet been paid back... can I garnish his wages if he is also an employee of my business? If I can, do I need to formally notify him on paper?

Thank you.

Asked on 2/14/18, 9:14 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You cannot garnish his wages unless you have a judgment against him (you have to sue him). He may voluntarily agree to allow you to withhold money from his paycheck, however.

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Answered on 2/14/18, 11:36 am
Thomas Moens Moens Law Offices, Chartered

First you have to file a lawsuit against him. Then, if you win, you may be able to garnish his wages, depending on how much he makes. I would imagine holiday gatherings may be a bit chilly if you go this route. I generally assume loans, to use that word loosely, to friends and family are gifts, and I might be pleasantly surprised if I am repaid. Otherwise, we end up asking about suing family members and friends.

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Answered on 2/14/18, 12:23 pm

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