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Employer Failing to Respond to Wage Garnishment Proceedings.

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rnafotpop

New member
I live in Illinois. I had a loan with an individual which went to court. Judgement was found in favor of me. I continued with legal proceedings in garnishing wages of the individual against the employer. The employer failed to respond. Conditional judgement was made against them with a court date. That date came and went and the employer never responded or showed, so I now have a conditional judgment against the company. I am attempting to go after the bank account of the employer for the judgement. I had filed an Affidavit for Garnishement Non Wage, Non wage Garnishment Notice, Garnishment Summons Non wage . These were denied by the clerk's office because I had not also filed a wage deduction order. But I am unable to file said order since the employer never responded and judgement was made against the employer in full for their failure to do so. Is there another form which is the correct forms to file in this matter?
 


Litigator22

Active Member
I live in Illinois. I had a loan with an individual which went to court. Judgement was found in favor of me. I continued with legal proceedings in garnishing wages of the individual against the employer. The employer failed to respond. Conditional judgement was made against them with a court date. That date came and went and the employer never responded or showed, so I now have a conditional judgment against the company. I am attempting to go after the bank account of the employer for the judgement. I had filed an Affidavit for Garnishement Non Wage, Non wage Garnishment Notice, Garnishment Summons Non wage . These were denied by the clerk's office because I had not also filed a wage deduction order. But I am unable to file said order since the employer never responded and judgement was made against the employer in full for their failure to do so. Is there another form which is the correct forms to file in this matter?
The first order of business is knowing whether or not you presented the clerk with the correct forms in the first instance. They may vary somewhat from county to county. An example of an Affidavit for Garnishment Non Wage form as used in Clinton County, Illinois appears in the link below. There you will note the concluding attachment of a document entitled "Deduction Order".

So the obvious question is: Do the forms that you submitted for filing include such a "Deduction Order"? If not, you need to resubmit your Affidavit with the appropriate supplement.

http://clintoncountycircuitclerk.com/wp-content/uploads/2016/02/Non-Wage-Garnishment-Packet.pdf
 

rnafotpop

New member
Thank you very much for your reply.

I have reviewed the packet and it looks very similar to the one in the county I am dealing with. I have found the paper form you discuss as a Deduction Order.

Upon review of this document, it is certainly not a form I was given by the judge. I received a general judgment form for the judge.

This is me chasing the employer due to its failure to respond to the garnishment information. I know where the employer has a bank account but dont know how much is in it, etc... But knowing where the account is I dont think I need to discover assets.

Do I need to go in front of a judge and try to get that form dealt with? I would have thought it would be similar to when I originally filed the wage garnishment. That I sent the affidavits to the correct entity that holds funds for defendant X. And they would send back confirming they do and how much, and then go from there.
 

LdiJ

Senior Member
Thank you very much for your reply.

I have reviewed the packet and it looks very similar to the one in the county I am dealing with. I have found the paper form you discuss as a Deduction Order.

Upon review of this document, it is certainly not a form I was given by the judge. I received a general judgment form for the judge.

This is me chasing the employer due to its failure to respond to the garnishment information. I know where the employer has a bank account but dont know how much is in it, etc... But knowing where the account is I dont think I need to discover assets.

Do I need to go in front of a judge and try to get that form dealt with? I would have thought it would be similar to when I originally filed the wage garnishment. That I sent the affidavits to the correct entity that holds funds for defendant X. And they would send back confirming they do and how much, and then go from there.
Are you sure that the debtor still works there?
 

rnafotpop

New member
Absolutely positive.

Also it has gone to the point I would believe it no longer matters. Judgement has been found against the company specifically due to its failure to return the Interrogatories back to the court and failure to appear during the confirmation of conditional judgement hearing. Basically the judgement is now theirs to bear. So now I'm dealing with the company regardless of the employee.
 

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