Legal Question in Civil Litigation in Illinois
I was sued in civil court by a ex-friend and a judgement was entered against me for $5,800. This was 2 weeks ago. I was just informed today by my HR department my wages are being garnished.
Should the court have given me something notifying me of this garnishment?
Can I have the amount reduced if they are more than I can pay?
2 Answers from Attorneys
The court does not give you the required notice. Rather, notice is your ex-friend's obliggation. You should have, or soon should, receive papers from the ex-friend indicating that wage deduction papers were issued by the court and served on your employer. If you did not get any copies of the wage deduction papers issued by the court from your ex-friend, then that is a valid basis for you to ask the court to stop the deductions and have your employer refund any of your pay that it withheld. But the court must believe that your ex-friend did not send you the copies of the wage deduction papers for you to win this. And if you win on that issue there is nothing to stop your ex-friend from having the court then issue new wage deduction papers and serving them on your employer and giving you the required copies of them. Since the wage deduction is generally limited to 15% of your income (maybe a little less if you make close to the minimum wage), the court cannot reduce the amount being deducted further even if you claim it is more than you can pay.
You should see an attorney about this. If the wage garnishment process has already begun, you will need to have someone file an appearance and attempt to set aside the judgment. The longer you wait, the more more difficult it will be to get the verdict modified or set aside. Don't delay.