Legal Question in Appeals and Writs in Illinois

Sending a Garnishment of Wages to out of state business

Need to know how to send an out of state garnishment of wages form to the business of the person I took to court. Can I send it throught the mail and what documents do I need? Do the papers have to be from Illinois-tried sending them through my city court but was denied.


Asked on 1/26/02, 8:31 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Sending a Garnishment of Wages to out of state business

There is an uniform act, meaning a statute that has been enacted in most states, governing the procedures on how to have another state recognize another's judgment. Basically, you have to file with the clerk of the appropriate court in the new state a properly authenticated copy of the judgment. This typically means that the clerk ofn the court which rendered the judgment must certify the accuracy of the judgment, and the chief judge of that court must authenticate the clerk's certification. This results in a document that is both certified and authenticated. You then file the certified, authenticated judgment with the clerk of the appropriate court where you want to enforce it. You probably then have to notify the judgment debtor that you are seeking to register the judgment in another state. Once you do all these things, and anything else required of the statute where you seek to enforce the judgment, then you have a judgment in the new state, unless the new court orders otherwise, and then you can use that state's garnishment procedure to seek to enforce the judgment. Since it is a very complicated process, you should hire an attorney in the state where you want the judgment enforced to help you.

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Answered on 1/28/02, 11:54 am


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