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  1. #1
    treeandb is offline Junior Member
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    Wage Garnishment information

    What is the name of your state? Illinois

    My husband is being garnished right now from a debt from 1996, he didn't go to court for the initial summons to file a notice that he was going to appear, we didn't because we didn't have the $113 that we would have needed to provide to file the notice to appear. So we didn't hear anything about it, this was the first we had even knew that this debt was out there. I have sent (certified) the verification of the debt to the lawyer and they never responded. All of a sudden my husbands last check was very short. He called and found out that they started garnishing his wages. We never recieved any notification that they were going to do this, we never even recieved notification that there was a judgement entered against him. According to [url]www.illinoislegalaid.com[/url] they needed to notify us that these were the steps they were going to take, and they didn't. What do we do now?

    Thanks, Theresa
  2. #2
    Chien is offline Senior Member
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    OP –
    (That and a sister-site, illinoisprobono, are excellent sites to which I have referred others for assistance and forms, but they are “.org”, rather than “.com”, for anyone else who would like to use them.)

    You should have received notice of the commencement of the garnishment and of your rights, once it is started. The court gives notice of the judgment.

    I think that fact that you didn’t receive notice is secondary now. The creditor is going to say that they sent it or say “oops”, and the garnishment will be delayed and then eventually re-start. The notice was to inform you of a hearing date for any claim of exemption that you might file. I would suggest calling the court directly to determine what that hearing date will be. If it has passed, contact Legal Aid for assistance, either to stop the garnishment until a hearing can be re-scheduled or, if you are not qualified for Legal Aid, then for information on how you should proceed on your own. Even if you are not qualified, you will get that.

    Learn any exemptions that you might have and assert them. However, you should also understand that, with a judgment, the creditor can also do other things as well., like levy on a bank account.
  3. #3
    treeandb is offline Junior Member
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    What do you mean by exeptions? It is me, my husband and our son. Another thing is that we were not notified of the court date or we needed to file the notice to appear, only 1 week beforehand.
    Last edited by treeandb; 09-25-2007 at 02:33 PM. Reason: added information
  4. #4
    GulfBreeze is offline Member
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    Quote Originally Posted by treeandb View Post
    What do you mean by exeptions? It is me, my husband and our son. Another thing is that we were not notified of the court date or we needed to file the notice to appear, only 1 week beforehand.
    What Chien is talking about is exemption protection. States allow certain wages and property to be protected from being taken. You need to read up on your states exemptions and see if they apply to you.
  5. #5
    treeandb is offline Junior Member
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    Thanks. Another question about this, they took him to court in Cook county, we live in Dupage county, does that matter?
    Last edited by treeandb; 09-25-2007 at 03:28 PM.
  6. #6
    Chien is offline Senior Member
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    they took him to court in Cook county, we live in Dupage county, does that matter?
    It may have when it was filed. I'm not that familar with IL geography to know if that would still have been a proper court. But, by failing to respond, he also may have waived that defense. Jurisdiction should not be subject to waiver, but this is a question that can be better answered by the Court.

    Exempt wages are wages that cannot be taken from you to pay a debt. Presently, in IL, your wages cannot be garnished unless your take home pay after taxes is more than $337.50 per week. You must go to your county's Circuit Clerk's office and request a Wage Deduction Exemption Hearing. At this hearing, you will give proof that your wages are less than $337.50 per week. If you prove that you make less than $337.50 per week, the judge will enter an order that shows that your wages cannot be garnished to pay your creditors.

    If wages exceed that amount, there still may be exemptions for what are called “necessities of life” – rent, transportation, food, healthcare. Again, your court is likely to have a pre-printed list for your state, and the site that you referenced may as well. I urge to to review that site carefully and check with IL Legal Aid. They have a very good program, in addition to providing an excellent source of information.

    You may find answers to all the questions posted here.
  7. #7
    seniorjudge is offline Senior Member
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    When you get the judgment satisfied, get a certified copy for each of the three credit reporting agencies and send it to them, certified mail, return receipt requested. Give them your full information (including Social Security number).

    Keep written copies of everything you send them.

    Keep the copies handy forever or until you die, whichever comes first.
    There are two rules for success:

    (1) Never tell everything you know.

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