What is a Citation to discover assets to debtors employer?
What is a Citation to Discover Assets to Debtor’s Employer? A Citation to Discover Assets to Debtor’s Employer is commonly known as a wage deduction or garnishment. It is a court document that tells the employer to answer questions about the debtor’s wages.
How do I file a Citation for Discover assets in Cook County?
The Citation to Discover Assets is simply a fill-in-the-blank form and the creditor’s lawyer fills in the name of the creditor, your name (the debtor), the date, the amount of the judgment and your address. He attaches a copy of the judgment and requests specific documents relating to your assets.
How do I collect on a Judgement in Illinois?
This statute provides three main tools for enforcing and collecting judgments: (1) the Citation to Discover Assets; (2) wage garnishment proceedings; and (3) non-wage garnishment proceedings. The most common type of collection action for enforcing a business judgment is the Citation to Discover Assets.
What is Judgement proof in Illinois?
A person is deemed to be judgment proof when they have no income or assets available after these exemptions.
How do I renew a Judgement in Illinois?
Illinois law provides “a judgment may be revived by filing a petition to revive the judgment in the 7th year after its entry, or in the 7th year after its last revival, or in the 20th year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant and by serving the petition …
What is a turnover order in Illinois?
A wage garnishment is when a part of a person’s wages are taken to pay for a debt they owe. This is also called a turnover order. The person who owes the money is called the debtor . The person they owe the money to is called the creditor .
How do you cite a citation to discover assets in Illinois?
o Call the Circuit Clerk for a court date, time, and courtroom number for your Citation to Discover Assets to Debtor. This is the time and place where the debtor will show up to answer the questions. If you can, wait 30 days after your judgment to file your Citation.
How do I serve a citation to discover assets in Illinois?
o The Citation to Discover Assets to Debtor must be served on the debtor. The judge has no power to order the debtor to do anything if the Citation to Discover Assets to Debtor is not served. o You can use the sheriff or a private process server to serve the debtor with the Citation.
What happens if you don’t pay small claims Judgement in Illinois?
If the debtor still doesn’t pay, then the creditor can come back to court to collect the money. There are several ways for the creditor to collect the money from the debtor. A few ways include taking money from the debtor’s bank account or garnishing the debtor’s wages .
What assets Cannot be taken in a lawsuit?
Certain assets are exempt from creditor claims and from lawsuit judgments. They cannot be touched, and you will not lose them. Some exempt assets include ERISA qualified retirement plans (think 401(k) or pension plans) and homesteaded property.
What assets are protected in a lawsuit in Illinois?
Assets include wages , bank accounts, homes, and other personal property. Getting a judgment doesn’t necessarily mean that the creditor is going to collect anything. Illinois has strict laws as to what a creditor can and cannot take.
How long does a Judgement stay on your record in Illinois?
If a judgment was entered against you in Illinois, it lasts for seven years from the date of entry. Once the seven-year date hits, the creditor must file a motion to “revive” the judgment. If the creditor fails to do so, the judgment is dormant.