Legal Question in Credit and Debt Law in Illinois

Re: Collections

I would stay clear at trying to obtain his credit report since that might open you up to legal action.

If you have a judgment against this person then I would file a "Citation to Discover Assets" and have him served with it. Once served the defendant is required to appear in court on the date you selected and you are given the chance to question him about his assets, bank accounts and employment. Furthermore on the citation you can instruct him that he also needs to bring with him to the court date any documents, deeds and banking information.

If he fails to appear for the cite then you can have a Rule to Show Cause issued. This would also have to be served on him and he would then have to appear to answer why he did not appear for the original cite and then you could question him at that court hearing. If he fails to appear for the Rule to Show cause then you can ask the judge to issue a Body Attachment--which is an arrest warrant. The judge will put a bond amount on the Body Attachment order and then you give that to the sheriff's office. If the person is arrested then he will have to post the bond amount to be released and then you can do a motion to have the money released to you. However, in most cases the bond amount is small and will not satisfy the judgment amount.

It will cost you additional money to file the citation to discover assets. Plus you will have to attend the court dates or the matter will be dismissed. Hope this helps. If you want to discuss this further please call my office or email me.