Conditional Judgment Against Employer in Wage Garnishment

CONDITIONAL JUDGMENT AGAINST EMPLOYER

I have obtained two conditional judgments against the employer in the Wage Garnishment proceedings We have three Collect Back Rent members that have obtained conditional judgments against the employer and one member who obtained a judgment against the bank. 

 ALL CONDITIONAL JUDGMENTS 

WERE PAID IN FULL BY EMPLOYER AND BANK

What is the this all about? 

We filed the Wage Garnishment documents at the courthouse. The clerk issued a Summons and Interrogatories to be served to the employer. These documents must be served by the sheriff or licensed process server.  The Summons states that the employer has usually 21 to 40 days to respond to the Interrogatories. When the employer responds they send a copy of the Interrogatories to the plaintiff and the courts. 

The employer failed to answer the Interrogatories within the time frame set out by the courts.

The first time this happened to me with no Collect Back Rent Training Course training, I was dumbfounded. After 50 days, I ventured up to the courthouse library and looked up Wage Garnishment laws in Illinois. Lo and behold there it was "Conditional Judgment" against the employer if they fail to answer the Interrogatories. The law stated that the plaintiff could obtain a Conditional Judgment against the employer for the full amount of the judgment!!

Wild horses couldn't stop me now!

I filed a Conditional Judgment against the employer at the courts and the clerk will set a court date. The documents were served to the employer by the sheriff or process server stating that the employer had to appear in court.

At the court hearing, the employer had a representative which met me in the hallway before court. The representative had a check for the full amount-judgment, court costs and interest! The checks were for $3,455 and $1,700 made out to Cynthia Schmidt from the employers.

I COULDN'T BELIEVE IT!

WHAT HAPPENED TO THE INTERROGATORIES?

WHY DIDN'T THE EMPLOYER RESPOND? 

When the documents are served to the employer, an employee has to accept service. In one of my cases, the employee accepting service was the defendant.  The other case, the person accepting service was engaged to the defendant. He/she must have disposed of the Interrogatories with the theory that "it is all going to go away"

When resigning the rental agreement, be sure to have the tenant update the rental application. If he/she changed jobs, get the new information. That should be for all the tenants on the lease.

The minute you lay back on your heels-that is when you lose money!

CHECK OUT MY AMAZON AUTHOR PAGE

Please share to help the landlord profession 

Thank you
Cynthia