The APA has asked the Illinois Supreme Court to temporarily waive electronic document filing requirements for employers responding to the state’s Affidavit for Wage Deduction Orders.
Illinois courts now require employers to respond using the eFileIL system, though that news has not been communicated effectively. APA members report that Illinois courts are rejecting the responses they submit for wage garnishment orders when the responses are filed on paper.
Reasons for Rule Relief
APA pointed out these difficulties:
- The wage deduction orders sent to employers do not instruct employers to file electronically. In fact, the orders come to employers on paper with instructions to respond either through the mail or by fax, and the courts have not notified employers of any changes.
- Interface systems between employer systems and eFileIL may take six months to develop, test, and implement.
- The eFileIL system was designed for attorneys and not for payroll professionals managing wage garnishments on behalf of their employers.
- Instructions from the court require a user account and password to log on and only allow one upload at a time. Employers, especial those with a high volume of Illinois cases, will want to file in bulk to keep administrative costs reasonable.
- Currently, an exception to the electronic filing requirements is provided to self-represented litigants for good cause. APA is asking the court to also consider the predicament of employers as good cause until system adjustments can be made.
The response from the Illinois Supreme Court responded to APA, saying that it ultimately leaves the decision on electronic filing to each individual court.
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