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OK. I'm looking up procedures you must follow to enforce a money judgment in Illinois and will revert back to you shortly with my answer and then we can discuss. Please be patient, I will only take a few minutes.
no problem, Thanks!
The first thing that I'm seeing that your mother should do is file a Motion for a Rule to Show Cause hearing, stating that the judgment debtor (brother) has not followed the payment plan ordered by the Court and he should be summoned to court to show cause why he has not obeyed the court's order. You would file this, along with a certified copy of the judgment.
In regard to your brother's assets.
do we need to hire a lawyer to do this?
You can in fact put a lien on his home and his personal property. I'll find you the mechnism for doing this if you hold on.
You can attempt it without a lawyer. It's not that complicated.
An employee’s wages in Illinois cannot be garnished to pay a debt (not counting child support) if his/her weekly net salary is $292.50 (45 times the federal mininum wage) or less. Above that, the most that can be garnished from a debtor’s wages in Illinois is 15% of their gross weekly wages.
So, if your brother earns more than $292.50, you can garnish 15% of those wages.
OK, then probably would be better to put a lien on his house. Should we send him a certified letter stating that if no payment is received, she will take this further action or do we just go and do it? What would you do???
First of all, I would start with the Show Cause hearing. I've found you a self help document which tells you about the process to do that. It is located at: http://www.law.siu.edu/selfhelp/info/court/Collect%20Money%20Judgment%20in%20Illinois.pdf
Look at p. 20.
If you want to skip that and go right to filing a lien or seeking wage garnishment, then give me a few more minutes and I'll tell you how to do it.
Here is another good source for guidance on judgment enforcement in Illinois:
If you know that he has personal property assets that are above the allowance (more than $4K in liquid assets or $2.4K of his car ) you file a Writ of Execution with the Court and ask that the sheriff be given an writ to go and seize the assets located at his address which are not exempt and then sale them.
You can also simply file the judgment in the property records of the county where he owns his house to obtain a lien on the house. You won't get any satisfaction on this until he sales his house though. You can't foreclose on the lien if it is his homestead (ie, his only house).
You can also file a Writ of Garnishment with the court, following the procedures laid out in the documents provided above. This will garnish his wages until the judgment is satisfied.
To get these "writs" it costs money to file. You can likely find the forms for these type of writs at the county law library in your county.
Wow, looks like there are some things we can do. But before we do anything, should we ask him where the payments are and that if he does not pay we will be taking further action? Do we mention to him what we are planning to do or just do it?
I would tell him that if he doesn't start paying immediately, he's endanger of being arrested for contempt of court. Then tell him unless he starts paying, you are going to garnish his wages, seize and sale his car, seize his bank account, and do whatever else you have to to enforce the judgment. Tell him this by sending him a certified letter (return receipt requested) to show the court proof that you gave him notice of your intent to enforce the judgment.
Thank you so much for this information! It was very helpful.
Good luck. Make sure to press "accept" so I can get credit for my work here!
I sure will! Also, do I just press save & exit and I will be able to save this email? I am not that computer savy
I'm not sure. To save the answer, I would copy and paste it into a word document.
To exit, you've got to click the "Accept" button below
I don't know if your answer saves on this system in some sort of transcript. Safest bet is to copy and paste.
I just copied and save. I will accept now. Have a good night and thank you again!