You can pursue unpaid rent after eviction through small claims court, but you'll need a judgment first—and then tools like wage garnishment or bank levies. The key is starting with a legal claim and using court-backed methods to uncover employment or assets.
Here’s a step-by-step guide tailored to Illinois law:
1. File a Small Claims Case
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You can sue for unpaid rent, damages, and court costs.
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In Illinois, small claims court handles cases up to $10,000. （State varies)
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File in the county where the rental property is located.
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You’ll need:
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Lease agreement (written or verbal)
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Rent ledger or payment history
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Notice of eviction or court order
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? 2. Get a Judgment
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If the tenant doesn’t show up, you may win by default.
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Once you have a judgment, you can legally pursue collection.
3. Discover Their Assets
If you don’t know where they work or bank, you can request a “Citation to Discover Assets”:
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This court order requires the tenant to appear and disclose employment, bank accounts, and other assets.
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If they don’t show up, the judge may issue a body attachment (similar to a warrant).
4. Use Legal Collection Tools
Once you know where they work or bank, you can:
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Garnish wages: Up to 15% of net income.
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Levy bank accounts: Freeze and collect funds.
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Place a lien: If they own property, you can file a lien that must be paid before sale.
5. Consider a Collection Agency or Attorney
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Agencies charge a fee or percentage but can track down employment and assets.
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A landlord-tenant attorney can help file paperwork and represent you in court.
Important Notes
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You cannot enter their home or take property without a court order.
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Keep all communication attempts documented.
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If they’ve moved out of state, you may need to domesticate the judgment in that state.
