Employer doesn't respond to Garnishment forms

[FreeAdivceFTW]

What is the name of your state? Illinois.

I went Pro Se in small claims for the amount of $4800 Plus court costs in 2001. I had no problems winning my case, but collecting has been very troublesome. 4 times in the last 5 years I paid a sheriff to go to his house to summons the defendent so I could find out his financial situation. Every time there was no response and I got stuck with the tab. I recently found out where he worked and filled the Garnishment of wages forms out. I then paid the small claims office to send the info Certified mail. The papers that the court house sent said it was mandatory to reply within 30 days. It's been long past and still no reply from his employer. I understand the that he has 30 days according to law to respond, but when he does not respond the court house tells me that they can not give legal advice and I'm on my own.
I guess I'm trying to find out if the employer broke any laws by not responding in the given time and what is my next step on getting his employer to garnish his wages. (If his employer is violating any laws, I'd also like to report this to the correct authorities to have his business fined, just to prove a point.) Thank you for your reply.

 

[Happy Trails]

What is the name of your state? Illinois.

I went Pro Se in small claims for the amount of $4800 Plus court costs in 2001. I had no problems winning my case, but collecting has been very troublesome. 4 times in the last 5 years I paid a sheriff to go to his house to summons the defendent so I could find out his financial situation. Every time there was no response and I got stuck with the tab. I recently found out where he worked and filled the Garnishment of wages forms out. I then paid the small claims office to send the info Certified mail. The papers that the court house sent said it was mandatory to reply within 30 days. It's been long past and still no reply from his employer. I understand the that he has 30 days according to law to respond, but when he does not respond the court house tells me that they can not give legal advice and I'm on my own.
I guess I'm trying to find out if the employer broke any laws by not responding in the given time and what is my next step on getting his employer to garnish his wages. (If his employer is violating any laws, I'd also like to report this to the correct authorities to have his business fined, just to prove a point.) Thank you for your reply.

Hopefully you are doing everything in accordance with Illinois statutes.

Here are a few links that may help:

(735 ILCS 5/) Code of Civil Procedure.

Defending Wage and Non-Wage Garnishments

Section 5 - Creditor's Methods to Collect Court Judgments

You said he was summoned to court and didn't show; he was in contempt of court for that.

 

[FreeAdivceFTW]

That is exactly what I was looking for. Thank you very much.

After reading this.

(735 ILCS 5/12 706) (from Ch. 110, par. 12 706)
Sec. 12 706. Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this Act, the court may enter a conditional judgment against the garnishee for the amount due upon the judgment against the judgment debtor. A summons to confirm the conditional judgment may issue against the garnishee, returnable in the same manner as provided in Section 12 705 of this Act, commanding the garnishee to show cause why the judgment should not be made final.

I'm not sure how often the judge grants a "conditional judgement", but if I was to file a form and have a date set to ask for one I'm postive that either they would start garnishing his wages. If the judge gave me a conditional judgement I would be sure to get my money from a business.

Also, I'm guessing in lamens terms the following just means that if the garnishee lives in a different state then the summons will be delivered in a different manner?? I.E. certified mail.
BTW: judgement was in Illinois. Defendent resides in Illinois, but the business is located in Iowa.

(b) If any garnishee becomes a non resident, goes out of this State, or is concealed within this State so that the summons to confirm the conditional judgment cannot be served upon him or her, upon the filing by the plaintiff or his or her agent of an affidavit as in cases of non resident defendants in attachments, the garnishee may be notified in the same manner as a non resident defendant in attachment; and upon notice being given to him or her as above stated, he or she may be proceeded against in the same manner as if he or she had been personally served with summons to confirm the conditional judgment.
(Source: P.A. 83 707.)