National Collegiate Student Loan Trust 2004-1 v. Ogunbiyi

Illinois Appellate Court
Civil Court
Garnishment
Citation
Case Number: 
2018 IL App (1st) 170861
Decision Date: 
Monday, December 24, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Reversed and remanded.
Justice: 
WALKER

(Court opinion corrected 1/14/19.) Defendant failed to repay her student loans. Once she found employment, the note holder sought an order garnishing 15% of her pretax income. The wage deduction provisions in Section 12-803 of Code of Civil Procedure explicitly eliminated circuit court discretion in determination of amount to deduct from wages.  Court has no discretion in a request for a wage deduction order on grounds of extreme hardship. (MIKVA and GRIFFIN, concurring.)