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COMMUNITY THRIFT CLUB v. DEARBORN ACCEPTANCE CORP.

No. 78 C 514.

487 F.Supp. 877 (1980)

COMMUNITY THRIFT CLUB, INC., an Illinois Not-For-Profit Corporation, and Juvenal Torres, Individually and on behalf of all other persons similarly situated, Plaintiffs, v. DEARBORN ACCEPTANCE CORPORATION, an Illinois Corporation; Morgan Finley, Clerk of the Circuit Court of Cook County, Individually and in his official capacity; and Richard J. Elrod, Sheriff of Cook County, Individually and in his official capacity, Defendants.

United States District Court, N. D. Illinois, E. D.

February 20, 1980.

Attorney(s) appearing for the Case

Andrea J. Pfeiffer, Charles A. Linn, Legal Assistance Foundation, Chicago, Ill., for plaintiffs.

Bernard Carey, State's Atty. of Cook County, Chicago, Ill., for defendants Finley and Elrod.

Other defendant was dismissed prior to court's decision.

MEMORANDUM DECISION

MARSHALL, District Judge.

In this suit brought pursuant to 42 U.S.C. § 1983, plaintiffs challenge the constitutionality of Ill.Rev.Stat., ch. 62, § 82, which deals with garnishment of wages following a judgment by confession. Plaintiffs compose a class of all wage earners whose wages are subject to garnishment in satisfaction of judgments entered pursuant to cognovit clauses. Plaintiffs seek declaratory relief pursuant to 28...

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