Assignment Garnishment And Consumer Credit in Illinois volume Bebr Faculty Wo
Assignment Garnishment And Consumer Credit in Illinois volume Bebr Faculty Wo
Francis M Rush
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To make certain that the worker has no other property and that his wages therefore may be garnished, the law recjuires that a bailiff or officer of the court first investigate the case. The usual procedure, how- ever, is to have the worker sign a so-called "judgment note" at the time he gets his loan. The note specifies that the worker promises to pay back the loan by a certain date and gives the attorney for the merchant or loan company authority to "confess judgment" for hiin, that is. The wo...rker agrees that his wages may be garnished without his being notified first. The result is that a worker's w^ages may be garnished without his knowing about it in advance and without his having a chance to settle the debt by another kind of payment. As long as the Illinois law does not ban the use of judgment notes, a worker may have a hard time getting a loan without signing one. SERVICE OF GARNISHMENT DEMAND UPON THE EMPLOYER After a creditor has gone to court to obtain a judgment against an employee, he must serve a "Demand in Garnishment" upon the employer and the employee (unless the employee has previously confessed judg- ment).
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