Legal Question in Credit and Debt Law in Illinois

Third Party Citation To Discover Assets

I had a judgment issued against me on a credit card. When the judgment was ruled against me the appearance fee was waived and I was allowed to defend as an indigent person. I am currently unemployed and had to move in with my mother. And have not been able to find work. I just received a document: it is a Third Party Citation To Discover Assets. It names my bank as the Judgment Debtor and says they are required to appear or file their answer to the citation form. There isn't anything in my bank account. I do own a car but it is 10 years old and my only transportation. The form names the LEGAL DEPT as the person receiving the citation. Did I get the form by mistake? Should my bank have gotten it? Do I have to go to court? The form doesn't seem to be addressing me? Not sure what to do.


Asked on 12/31/08, 3:05 am

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Third Party Citation To Discover Assets

What happened is that you are a party to this lawsuit. Whenever the plaintiff (the credit card company) wants to use the lawsuit to serve a subpoena on someone (for example, your bank), they have to give you notice. The reason is so that you can object to them serving your bank if you feel you have a reason to. The bank also probably got a copy of the citation, you just received a copy because the rules require the credit card company to tell you what is going on.

I imagine that the credit card company is trying to garnish your wages, etc. If you are really drowning in debt, you might consider filing for bankruptcy. Please feel free to call us if this is something you'd like to do.

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Answered on 1/01/09, 2:44 pm


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