PLAINTIFF'S MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AND FOR RULE TO SHOW CAUSE

MANISH S. SHAH, District Judge.

Plaintiff, Trimaine Wilson, by and through his attorneys, Irene K. Dymkar, Torreya L. Hamilton, and Daniel H. Regenscheit, hereby moves this Court to issue a conditional judgment in the amount of $399,169.00 against CITY OF HARVEY, Illinois, for failure to respond to an outstanding Wage Dedution Notice and setting a Return On Rule To Show Cause to convert the conditional judgment into a final judgment. In support of his motion, plaintiff states:

1. This action was brought pursuant to 42 U.S.C. § 1983 to redress deprivations of the civil rights of plaintiff through the acts and/or omissions of defendants committed under color of law.

2. On October 6, 2016, this Court entered a judgment in the amount of $85,000.00 in favor of plaintiff and against defendants. Doc. 243. That balance has been paid.

3. On July 13, 2017, this Court entered a judgment for attorneys' fees in the amount of $399,169.00 in favor of plaintiff and against defendants. Doc. 286. The balance remains unpaid.

4. Plaintiff issued a Wage Deduction Summons and garnishment pursuant to 735 ILCS 5/12-801 et seq., on the City of Harvey, Illinois, a true and accurate copy of which is attached hereto as Exhibit A (including the Wage Deduction Affidavit, Wage Deduction Summons, Wage Deduction Notice, and Wage Deduction Interrogatories).

5. The wage garnishment was served on Cheryl Anders, Deputy Clerk for the City of Harvey on October 12, 2017. A true and accurate copy of the Affidavit of Process Server is attached hereto as Exhibit B. The response to the wage deduction was due by November 9, 2017.

6. To date, the City of Harvey has failed to file the outstanding wage interrogatories with the Clerk of Court as required.

7. Accordingly, pursuant to 735 ILCS 5/12-807(a), plaintiff respectfully requests that this Court enter a conditional judgment against Employer City of Harvey in favor of plaintiff in the amount of $399,169.00. Plaintiff further requests that this Court enter an Order directing City of Harvey to appear by and through its Comptroller, Louis Williams, or any other designated representative, and show cause why it should not be held in contempt not less than 21 nor more than 30 days after the issuance of the Order For Rule To Show Cause, in accordance with 735 ILCS 5/12-807(a). Further, plaintiff requests that in the event that the City of Harvey fails to appear and show cause why it should not be held in contempt, that this Court enter a final judgment in favor of plaintiff and against City of Harvey, in the amount of $399,169.00, plus plaintiff's reasonable attorneys' fees and expenses in accordance with 735 ILCS 5/12-807.

WHEREFORE, plaintiff respectfully requests that this Court enter a conditional judgment against Employer City of Harvey in favor of plaintiff in the amount of $399,169.00 Plaintiff further requests that this Court enter an Order directing City of Harvey to appear by and through its Comptroller, Louis Williams, or any other designated representative, and show cause not less than 21 nor more than 30 days after the issuance of the Order, in accordance with 735 ILCS 5/12-807(a). Further, plaintiff requests that if the City of Harvey fails to appear and show cause that this Court enter a final judgment in favor of plaintiff and against City of Harvey, in the amount of $399,169.00, plus plaintiff's reasonable attorneys' fees and expenses in accordance with 735 ILCS 5/12-807.

AFFIDAVIT FOR WAGE DEDUCTION SUMMONS

I, the undersigned, certify under penalties as provided by law, that the following information is true.

1. I believe Respondent CITY OF HARVEY, ILLINOIS, is indebted to the Judgment Debtor OSHAY RIFE for wages due or to become due.

2. The last known address of the Judgment Debtor is 15301 Dixie Hwy, Harvey, IL 60426.

3. I request that a summons issue directed to Respondent

CERTIFICATE OF ATTORNEY OR JUDGMENT CREDTIOR

WAGE DEDUCTION SUMMONS

To the Employer:

YOU ARE SUMMONED and required to file answers to the judgment creditor's interrogatories, in the office of the Clerk of this Court, 20th Floor, United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604, on or before November 9, 2017. However, if this summons is served on you less than 3 days before that date, you must file answers to the interrogatories on or before a new return date, to be set by the court, not less than 21 days after you were served with this summons.

This proceeding applies to non-exempt wages due at the time you were served with this summons and to wages which become due until the balance due on the judgment is paid.

IF YOU FAIL TO ANSWER, A CONDITIONAL JUDGMENT BY DEFAULT MAY BE TAKEN AGAINST YOU FOR THE AMOUNT OF THE JUDGMENT UNPAID.

WAGE DEDUCTION NOTICE

The amount of wages that may be deducted is limited by Federal and Illinois law.

You have the right to a hearing before the Northern District of Illinois to dispute the wage deduction because the wages are exempt. To obtain a hearing, you must notify the Clerk of the Court, in writing, at Clerk of Court, 20th Floor, United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604, on or before the return date specified above. The Clerk of the Court will provide a hearing date and the necessary forms that must be prepared by you or your attorney and sent to the Petitioner and the Employer, or their attorney, regarding the time and location of the hearing. This Notice may be sent by regular first class mail.

TITLE III OF THE FEDERAL CONSUMER CREDIT PROTECTION ACT: RESTRICTIONS ON GARNISHMENT

Sec. 301. (a) The Congress finds:

(1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce.

(2) The application of garnishment as a creditors' remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce.

(3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country.

(b) On the basis of the findings stated in subsection (a) of this section, the Congress determines that the provisions of this subchapter are necessary and proper for the purpose of carrying into execution the powers of the Congress to regulate commerce and to establish uniform bankruptcy laws.

Sec. 302. For the purposes of this subchapter:

(a) The term "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program.

(b) The term "disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld.

(c) The term "garnishment" means any legal or equitable procedure through which the earnings of any individual are required to be withheld for payment of any debt.

Sec. 303. (a) Except as provided in subsection (b) and in section 1675 of this title, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed

(1) 25 per centum of his disposable earnings for that week, or

(2) the amount by which his disposable earnings for that week exceed thirty times the Federal minimum hourly wage prescribed by section 206(a)(1) of title 29 in effect at the time the earnings are payable, whichever is less. In the case of earnings for any pay period other than a week, the Secretary of Labor shall by regulation prescribe a multiple of the Federal minimum hourly wage equivalent in effect to that set forth in paragraph (2).

(b) Exceptions

(1) The restrictions of subsection (a) do not apply in the case of

(A) any order for the support of any person issued by a court of competent jurisdiction or in accordance with an administrative procedure, which is established by State law, which affords substantial due process, and which is subject to judicial review.

(B) any order of any court of the United States having jurisdiction over cases under chapter 13 of title 11.

(C) any debt due for any State or Federal tax.

(2) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed

(A) where such individual is supporting his spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50 per centum of such individual's disposable earnings for that week; and

(B) where such individual is not supporting such a spouse or dependent child described in clause (A), 60 per centum of such individual's disposable earnings for that week; except that, with respect to the disposable earnings of any individual for any workweek, the 50 per centum specified in clause (A) shall be deemed to be 55 per centum and the 60 per centum specified in clause (B) shall be deemed to be 65 per centum, if and to the extent that such earnings are subject to garnishment to enforce a support order with respect to a period which is prior to the twelve-week period which ends with the beginning of such workweek.

(c) No court of the United States or any State, and no State (or officer or agency thereof), may make, execute, or enforce any order or process in violation of this section.

Sec. 304. (a) No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.

(b) Whoever willfully violates subsection (a) of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both.

Sec. 305. The Secretary of Labor may by regulation exempt from the provisions of section 1673(a) and (b)(2) of this title garnishments issued under the laws of any State if he determines that the laws of that State provide restrictions on garnishment which are substantially similar to those provided in section 1673(a) and (b)(2) of this title.

Sec. 306. The Secretary of Labor, acting through the Wage and Hour Division of the Department of Labor, shall enforce the provisions of this subchapter.

Sec. 307. This subchapter does not annul, alter, or affect, or exempt any person from complying with, the laws of any State

(1) prohibiting garnishments or providing for more limited garnishment than are allowed under this subchapter, or

(2) prohibiting the discharge of any employee by reason of the fact that his earnings have been subjected to garnishment for more than one indebtedness.