Wage Rage: The Argument For Why Confirmation Is Unnecessary to Attach Wages With a Citation to Discover Assets After Obtaining a Judgment by Confession

March 2015
Michael Cortina
ISBA's Commercial Banking, Collections & Bankruptcy Law Newsletter


Once a creditor obtains a judgment by confession, that judgment is immediately enforceable with one exception—wage deductions. In order to garnish wages under the wage deduction statute, the judgment creditor must first issue a summons to confirm the judgment by confession, serve it, and have the judgment confirmed.

The question arises, then, as to what should happen if a judgment creditor issues a citation to discover assets (“CDA”) to the debtor’s employer and finds wages that could be used to satisfy the judgment. Does the creditor have to confirm the judgment by confession now that wages have been discovered? This article argues that confirmation is not necessary if wages are discovered using a CDA but is required if a wage deduction is used.

Reprinted with permission from the Illinois State Bar Association.

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