Legal Question in Credit and Debt Law in Illinois

supplemental judgements

i was assessed a judgement for $2,440 and ordered to pay the financial institution by wage garnishment. the garnishment is now complete after 24 weeks of deductions. i received a supplemental judgement from the attorneys representing financial institution for $662, for processing the weekly garnishments. i was never contacted by the attorneys, never billed for fees by them. i assumed all fees were included in the initial judgement. what course of action can i take. this is extremely unfair.

Asked on 6/05/01, 12:00 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: supplemental judgements

Under Illinois law, judgment debtors, such as yourself, owe judgment creditors interest at the rate of 9% per annum on the principal balance of the judgment. Also, the costs of collecting the judgment, by way of wage garnishment or otherwise, are your responsibility as the judgment debtor. Those costs include the costs the clerk of the court charged the judgment creditor to have the wage deduction summons issued, and the costs to have the sheriff, or other officer, deliver the summons to your employer. Also, if the agreement you made with the judgment debtor that gave rise to the litigation allows the judgment creditor to recover its attorneys fees, there is an argument that the attorneys fees incurred by the judgment creditor to collect the judgment, by way of wage deduction or otherwise, are your responsibility. To contest the additional charges, file a motion with the court that rendered the judgment against your or is presiding over the wage deduction proceedings.

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Answered on 6/29/01, 1:52 pm

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