Legal Question in Credit and Debt Law in Illinois

After wining a judgement for a small claims, I proceeded to collect the claim. I filed a motion for memorandum, and sent a copy of this to by certified mail to the defendant. As of date the defendant is not coming to court, accepting the certified mail, or participating. Should I file a citation to discover assets, pay all the applicable fees, and have a sheriff deliver the citation to the defendant? Is there another route I can take (without paying all the applicable fee's) to make the defendant respond? The motion for memorandum was made and sent to an address where the defendant lives, which is an apartment. The defendant also owns a 2-flat building, which is being renovated, should I have sent the memorandum to this address, or file out another motion of memorandum for that address as well? Any additional advice is appreciated. I am unemployed and need help as soon as possible. Thanks.


Asked on 4/26/10, 9:14 am

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

Merely obtaining a judgment does not mean it will ever be paid. I have hundreds of files of unpaid judgments. The debtor may not have any assets against which you can recover. The real estate may be "under water." He has exemptions he can claim if you try to collect. Record the judgment memorandum. You are getting 9% interest. A good investment.

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Answered on 5/03/10, 12:55 pm


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