Commonwealth Edison v. Denson
Court of Appeals of Illinois
494 N.E.2d 293 (1986)
Commonwealth Edison (Edison) (plaintiff) obtained a judgment in circuit court against Willie Denson (defendant) to collect a debt of $629.54 plus costs. Denson was employed by Caterpillar Tractor Company (Caterpillar). Edison attempted to garnish Denson’s wages by sending interrogatories to Caterpillar. Caterpillar did not take out the full 15 percent required by Edison’s order, because Caterpillar was already withholding $60 per week from Denson’s paycheck due to a support order. Another action was brought by Newsome Physical Therapy Clinic (Newsome) (plaintiff) against Dwight Morgan (defendant) for the collection of $748.19 plus costs. Morgan was also employed by Caterpillar. Newsome served Caterpillar with interrogatories and an affidavit for a wage-deduction order. However, Caterpillar was already withholding from Morgan’s paycheck due to a support order and declined to take out any amount for Newsome. The trial court ruled in favor of Edison and Newsome, holding that payroll deductions stemming from a support order should not be included when determining a reduction in disposable earnings for garnishment by a judgment creditor. Caterpillar appealed the trial court’s ruling.
Rule of Law
Holding and Reasoning (Stouder, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.