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Stopping Wage Deduction Order\Recovering Overpayment

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codefreak13

Junior Member
What is the name of your state (only U.S. law)? Illinois

I had a judgment placed against me in August of 2012 that resulted in a wage deduction order for the amount of $3400. To date, I have had over $5000 in wages garnished. The Plaintiff in the case was an ex-roomate, represented pro-se. My employer (Respondent) states that they will continue to garnish wages until receiving notification from the court that the order has been modified or released. The order also states that the Plaintiff "shall provide quarterly certifications of the judgment balance to Respondent within 15 days of the end of a calendar quarter in which any payment is received." To date this has not been done. My questions are:

1) should I first contact the Plaintiff to request an update on the balance?
2) how can I tell if my employer is not releasing funds to the court, or if the court is not releasing them to the Plaintiff?
3) does the Plaintiff need to file the Release (Satisfaction) of Judgment, or do I have to ask him to/file it myself?
4) how can I recoup overpayment for this judgment?

Thanks in advance.
 


codefreak13

Junior Member
I have not. I wanted to post the question before I do, to see if there was any legal standing regarding the matter as he has not obeyed the order to send a balance update. If that doesn't matter, I can contact the plaintiff. Do I request a balance update, or simply request he submit a release of judgment? Thanks.
 

swalsh411

Senior Member
Tell him to inform the court the judgement has been satisfied and return the overpayment. If he refuses to do either then sue him.

Is your payroll department incompetent? Is there a controller or CFO you can talk to? There is serious exposure to the company if they continue to garnish your pay after you have shown the judgement is satisfied. Don't stop at the person who answers the phone in payroll. Email HR, finance, whoever you can.
 

codefreak13

Junior Member
I am personally close to the decision makers in my company. They say they are legally obligated until they get a release for the order. The judgment is worded as such:

"This Wage Deduction Order continues in effect from the date of service of the wage deduction summons or third party citation
until (i) the judgment, plus 9% simple interest and costs, is paid in full ... or (iv) the Court modifies this Order." (removed irrelevant items).

I am well past the amount + 9%. My problem is I don't know if the money is actually making it to the Plaintiff, and honestly I don't know if he would be honest regarding it. Is there a way I can check with the court to verify how much has been paid to the Plaintiff? Does the fact that he did not send balance updates to the Respondent hold any sort of basis for legal action?
 

codefreak13

Junior Member
How does this sound as a letter to the Plaintiff:

As of this letter the Respondent in Case XXXXX, <company>, has not received a judgment balance per item 6 of the attached Wage Deduction Order. I request that you immediately inform the <court name> that the judgment has been satisfied and to return any overpayment. Failure to do so may result in legal action.

Thanks again for your help.
 

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