Legal Question in Credit and Debt Law in Illinois

In July 2010 and a $6400 judgement was entered in favor of the creditor against me. Due to my financial hardship, I did not make any payments to the creditor. In December of 2013, the creditor requested from the court a citation to discover assets to a 3rd party and sent the citation to my bank. On Jan 4 2014, my bank complied with the citation and my bank accounts were frozen. The bank is required to file their answer or appear on Jan 9 2014. I learned of the answer date because on Jan 6 2014 I received a copy of the citation that the creditor sent to the bank but I did not receive anything that says that I need to be at the hearing. The citation notice and the citation to discover assets to a 3rd party both name my bank as the person to receive the citation. From what I have researched online, I have the right to attend the hearing and I have the right to claim a wildcard exemption for up to $4000 on any of my non-exempt assets. I want to use my wildcard exemption to get my bank accounts unfrozen so that I can feed my family and pay my utilities in Chicago's -15 degree weather. Today is Jan 7 2014 so I only have a day to get anything together. What is the procedure, forms needed and cost for me to claim my wildcard exemption and get my bank accounts unfrozen? Do I have to appear or can I file electronically? Thank-you.


Asked on 1/07/14, 3:01 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Just show up in court and tell them you want to claim your exemptions. But if you claim it in your deposits, in theory, your other personal property can not be claimed.

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Answered on 1/07/14, 6:54 pm


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