How to Collect a Security Deposit Judgment in Illinois

The judge ordered your landlord to return your security deposit — and the landlord has not paid. This is one of the most common small claims scenarios in Illinois, and former tenants actually have a collection advantage that most judgment creditors do not: you usually know the landlord's bank and real estate holdings.

Your Information Advantage

Think about what you already have from the tenancy:

• The landlord's bank: In Chicago, the RLTO (Chicago Municipal Code § 5-12-080) requires covered landlords to hold deposits in a federally insured interest-bearing account at an Illinois financial institution and disclose the institution's name and address in writing. Statewide, the Security Deposit Return Act (765 ILCS 710) governs itemized statements and returns; the separate Security Deposit Interest Act (765 ILCS 715) requires interest on deposits held more than six months at residential properties with 25 or more units in one building or a complex on contiguous parcels, but does not require a dedicated federally insured account. If you received a receipt or interest statement, it may identify the bank.
• The rental property address: The address helps you check who owns the property and identify a possible lien target. A landlord or property manager may not own the rental; a judgment lien can attach only to real estate owned by your judgment debtor.
• The landlord's identity: For individual landlords, you have their name and often their home address from the lease. For corporate landlords, you have the entity name and registered agent.

The Fastest Path: Bank Garnishment

If you know or can identify the landlord's bank, a Non-Wage Garnishment Affidavit under 735 ILCS 5/12-701 is the fastest enforcement tool. File through eFileIL, serve the bank, and the account is frozen up to double the judgment amount.

Do not assume the automatic $1,000 bank account exemption under 735 ILCS 5/12-1001.1 applies. It is limited to consumer-debt judgments against natural persons entered on or after January 1, 2020. A landlord's obligation to return a tenant's deposit is not a consumer-debt judgment merely because the tenant rented a home; classification depends on the judgment debtor and the underlying transaction. The judge resolves any exemption claim.

After the freeze, you petition for a turnover order. If the landlord does not file an exemption claim within the statutory window, the court orders the bank to release the funds.

Real Estate Lien

Record a Memorandum of Judgment with the County Recorder of Deeds in the county where the rental property sits. This creates a lien on all non-exempt real property the landlord owns in that county. The lien lasts seven years.

A real estate lien is especially effective against landlords because they own property by definition. When the landlord sells or refinances the rental building (or any other property in that county), the title company will require the judgment to be satisfied before closing.

This works as a passive collection strategy — you file the lien, pay the recording fee (recoverable as costs), and wait. Many landlords pay up within months once a lien clouds their property title.

Wage Deduction

If the landlord is also employed (many smaller landlords have day jobs), a Wage Deduction Summons under 735 ILCS 5/12-801 directs their employer to withhold a portion of each paycheck. The standard caps apply: the lesser of 15% of gross pay or the amount by which weekly disposable earnings exceed $675 (45 times the $15.00 state minimum wage).

Citation to Discover Assets

If you do not know the landlord's bank or employer, start with a Citation to Discover Assets under 735 ILCS 5/2-1402. The landlord must appear in court under oath and disclose all assets — bank accounts, employment, real estate, vehicles, and business interests. Service of the citation creates an immediate lien on the landlord's non-exempt property and prohibits asset transfers.

Statutory Damages and Interest

Many security deposit judgments include statutory damages beyond the deposit itself. Under the Illinois Security Deposit Return Act (765 ILCS 710/1(c)), if a court finds that a landlord refused to provide the required itemized statement or provided it in bad faith, and also failed or refused to return the deposit due within the statutory time limits, the landlord is liable for twice the deposit due plus court costs and reasonable attorney fees. A violation of Chicago RLTO § 5-12-080(a)-(e) carries damages of twice the security deposit plus interest. Only amounts included in your judgment can be collected. Post-judgment interest is 9%, or 5% for a qualifying consumer-debt judgment of $25,000 or less entered on or after January 1, 2020.

The Illinois Judgment Collection Guide covers every enforcement tool with step-by-step instructions, including the specific advantages former tenants have in collecting from landlords.

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