Legal Question in Civil Litigation in Illinois

Garnishment of wages

I loaned someone money who resided in Illinois. I have a signed note and it has been over a year and I have received very little money. The note states it should have been paid back in 3 months; it is now been 15 months. He moved to another state but his employer is based in Illinois. I would like to garnish his wages. He owes about $6,400.00.

thanks for your help


Asked on 6/12/02, 11:57 am

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Garnishment of wages

To garnish his wages, you must sue him and obtain a judgment in your favor. Once you have a judgment, you can seek to garnish his wages. You can sue him in Illinois if you lent him the money here, and you should sue him in the county where the money was lent. You should not try to represent yourself in these proceedings, but rather should hire a lawyer to help you. Call me if you want to discuss your case further. Larry Stein. (630) 221-1755.

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Answered on 6/12/02, 6:00 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Garnishment of wages

An attorney should review the note you refer to before giving you legal advice. However, if everything is in order, you may be able to file a suit against the borrower in the county where the loan was made and have him served with the legal papers wherever he may be located within the state or otherwise. He will have thirty days after being served to respond or show up in court. If he does not, you should be able to obtain a Judgment against him by default. If he shows up in court, you might be able to work out a Consent Judgment, or you may have to schedule the case for trial. Once you obtain a Judgment, you should be able to file a garnishment against his wages for service upon his employer. I would strongly advise you to consult with an experienced attorney in your area and hire an attorney to represent you in the legal proceedings. If you are not already represented by legal counsel, you may call me for a free telphone consultation at 314-727-2822.

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Answered on 6/12/02, 7:17 pm


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