Illinois Court of Appeals implores Legislature to change law to provide for wage-garnishment relief, finding itself constrained to exercise discretion in extreme hardship cases

 National Collegiate Student Loan Trust 2004-1 v. Ogunbibi, No. 1-17-08612018 IL App (1st) 170861 (December 24, 2018)The legislature, in 2007, decided to take 15% of wages, regardless of the extreme hardship such a loss will impose on many persons. Because the legislature explicitly eliminated judicial discretion in the determination of the amount to deduct from wages, we must reverse the circuit court’s order and remand for further proceedings in accord with this opinion. Recognizing the limited role of the courts, constrained to give effect to the clear intent of the legislature, we must reverse the circuit court’s order and remand for further proceedings on the application for a wage deduction order. We implore the legislature to consider its amendment to section 12-803 and to adopt a statute similar to section 5240 of the New York Civil Practice Law and Rules (N.Y. C.P.L.R. 5240 (McKinney 2016)).2018 IL App (1st) 170861No. 1-17-0861December 24,…

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