Bertha Balark, and Cross-Appellant v. Michael Curtin, and Cross-Appellees

I respectfully dissent. I would reverse the denial of the motion to quash the garnishment summons. I would base this result solely upon the stipulated agreement between the parties, but I would enforce that agreement on the basis of what appears to me to be Illinois public policy. Because the plaintiff would then not prevail in her attempt to collect upon her civil rights judgment, I would affirm the denial of attorneys’ fees involved in the attempted collection.

Illinois practice and procedure govern this attempted garnishment in aid of execution of a money judgment. Rule 69(a) of the Federal…