Legal Question in Credit and Debt Law in Illinois

Wage Deduction Notice

my wife and i were recently sued for a hospital bills. the amount is 1886.38 plus 131.00 costs. when we went to court we accepted the bill as ours and were told to call a number on the paper the attorney gave us. i called to make payment arrangements and was told that anything under $200 monthly would not be acceptable. i explained that we have 3 kids,1 of which is disabled with special needs, so we can't afford $200 per month. 2 Days ago my employer informed me that they received a wage deduction notice. my questions are 1) don't they have to send us a wage deduction notice first? 2) we sent $50 and they aren't crediting it to our account, can they do this? 3) Turns out 1 of the bills is from before my wife and i were married, can they garnish her for this? (they'll be garnishing her wages since i don't make enough for garnishment)4) will there be a hearing for this? if so, how do i find out when the hearing is? 5) can i stop this garnishment from happening? my wife had to declare bankruptcy 3 and a half years ago,before we got married, so bankruptcy is not an option. any help will be Greatly appreciated. thank you.


Asked on 8/30/05, 5:57 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: Wage Deduction Notice

Yes, you should have received a wage deduction notice. This would have been sent via regular mail to your last known address. On that wage deduction would be the court date for the return of the wage deduction. My advise to you is to call the clerks office and find out what day and what time the wage deduction is returnable and APPEAR in court on that day. You need to explain to the judge your financial postition and see what the judge decides to do.

Any money you sent should be applied to your account. Bring proof of payment and proof that the collection agency received your payment and cashed it.

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Answered on 8/30/05, 6:04 pm


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