Opinion
Case No. 94 C 7363
May 17, 2004
MR. JOSEPH A. STEWART, Chicago, IL, for Plaintiff
MR. PHILIP SOMERVILLE, Chicago, IL, Pro Se Defendant
REPORT AND RECOMMENDATION
This case is before the Court on the motion of Plaintiff, United States of America, for entry of an order of garnishment. This matter comes before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.1 for a report and recommendation. For the reasons set forth below, the Court finds that plaintiff's motion should be granted.
On January 19, 1995, judgment in this case was entered in plaintiff's favor and against Defendant Philip Somerville. As of May 13, 2004, Defendant has an outstanding balance of $39,226.37. A writ of continuing garnishment directed to garnishee was issued on the judgment on April 7, 2004, and was served on Garnishee Chicago State University on April 9, 2004. Garnishee answered, stating that at the time the writ was served, it had in its control wages belonging to and due Defendant. Defendant filed an answer, electing the Illinois wage garnishment exemption of 15%.
The Court finds that based upon the answers of Garnishee and Defendant, the United States is entitled to a sum equal to 15% of Defendant's gross wages since the date the writ was served. Further, the United States is entitled to continued payments equal to 15% of Defendant's gross wages for each of Defendant's pay periods until the debt is paid in full.
For these reasons, the Court recommends that the motion of the United States for entry of order of garnishment be granted and that the order of garnishment be entered directing the Garnishee, Chicago State University, to pay to the United States, a sum equal to 15% of Defendant's gross wages since the date of service of the writ. The Garnishee should continue the payments each pay period until the debt to the United States is paid in full or until the garnishee no longer has custody, possession or control of any wages belonging to Defendant, or until further order of the court. Written objections to any finding of fact, conclusion of law, or the recommendation for disposition of this matter must be filed with the Honorable Suzanne B. Conlon within ten (10) days after service of this Report and Recommendation. See Fed.R.Civ.P. 72(b). Failure to object will constitute a waiver of objections on appeal.