Legal Opinion

Community Thrift Club, Inc. v. Dearborn Acceptance Corp.

District Court, N.D. Illinois

Decided February 20, 1980No. 78 C 514PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM DECISION

MARSHALL, District Judge.

In this suit brought pursuant to 42 U.S.C. § 1983, plaintiffs challenge the constitutionality of Ill.Rev.Stai, 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 U.S.C. §§ 2201 and 2202 and invoke our jurisdiction pursuant to 28 U.S.C. § 1343(3) and (4). Plaintiffs contend that the notice provided to a debtor…

2Cases cited22 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. Fuentes v. ShevinSupreme Court of the United States · 1972
  5. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969

17 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cynthia McCahey v. L.P. Investors, Allen M. Rosenthal, Affiliated Credit Adjusters, Sheriff of Suffolk County, Suffolk County ClerkCourt of Appeals for the Second Circuit · 1985
  2. In Sik Choi v. Hyung Soo Kim Nancy Soo Lee and Golden PlasticsCourt of Appeals for the Third Circuit · 1995
  3. United Pacific Ins. Co. v. Lamanna's EstateNew Jersey Superior Court Appellate Division · 1981
  4. Toney v. BurrisDistrict Court, N.D. Illinois · 1986
  5. Choi v. Kim, etc.Court of Appeals for the Third Circuit · 1995

3 more not listed; retrieve them via the Exa API.

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