Defending Wage And Non-wage Garnishments

Non-wage garnishment is the wisdom creditor’s attachment, after judgment, of the judgment debtor’s property, other than wages, which is within the possession, custody, or control of third parties. Example: A creditor files a non-wage garnishment to add funds to your client has deposited in the local bank. Procedural guidelines for this are laid out at 735 ILCS 5/12-701 et seq.

NOTE: Creditors frequently use a Citation to find Assets, Non-Wage, as set out in 735 ILCS 5/2-1402, to perform the same goals as a non-wage garnishment. An income garnishment, more known as an income deduction order properly, is the utilization of legal process by the wisdom creditor, after view, to attach some of the common sense debtor’s income. Procedural rules for this are laid out at 735 ILCS 5/12-801 et seq.

NOTE: Creditors could use a Citation to find Assets (Wages), as set out in 735 ILCS 5/2-1402, to accomplish the same goals as a wage garnishment. Garnishment laws must be firmly complied with by view lenders. The judgment creditor must meet all the statutory requirements or garnishment common sense shall not be coming into.

In Re Marriage of Souleles, 444 N.E. 2d 721 (1st Dist. Cole v. Shanior, 387 N.E. 2d 860 (1st Dist. Parties with an interest in garnished property must be given notice and an opportunity to present their statements. Garnishment judgment issued in the lack of such notice is invalid. The judgment debtor must be given an opportunity to pay the judgment prior to the use of garnishment remedy by the view creditor.

In non-wage garnishments, 735 ILCS 5/12-701 requires the wisdom creditor, or other person, to file an affidavit proclaiming that the affiant believes the garnishee is indebted to the judgment debtor or has property of the wisdom debtor. Failure to document such affidavit invalidates the garnishment. Dale Jewelers Inc. v. Steiner, 194 N.E.2d 509 (2nd Dist. Under 735 ILCS 5/12-807, if an employer fails to file their answer to an income deduction summons, the courtroom may enter a conditional view against the company for the amount credited from the view debtor.

The judgment creditor must then provide a summons to confirm the conditional common sense on the employer, giving the employer a chance to show cause why the judgment should not be made final against it. 3d 1005 (2d Dist. The employer served with an income deduction summons must withhold from the employee/judgment-debtor all non-exempt wages due. The income deduction order remains in place before judgment and everything costs have been satisfied. Garnishment statutes must be totally construed so as not to lengthen to cases beyond the intended realm of the program.

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Powell v. Prudence Mutual Casualty Co., 232 N.E.2d 155 (1st Dist. Compensation paid to a judgment-debtor under a talking to contract constituted wages within this is of Section 12-801 of the Wage Deduction Act and thus was subject to the exemption protections afforded by the Act. California-Peterson FOREX, Inc. v. Friedman, 316 Ill. App.3d 610 (1st Dist.

State and municipal employees are subject to wage garnishment. First Finance Co. v. Pellum, 62 Ill. 2d 86 (1974). But sovereign immunity precludes a circuit courtroom from getting into a conditional common sense against the constant state of Illinois. Aurora National Bank v. Simpson, 454 N.E.2d 1132 (2nd Dist. Leaf v. McGowan, 13 Ill. App.2d 58 (1st Dist.