Legal Question in Civil Litigation in Illinois

Re: Collecting a Judgement

If you have a judgment against someone and want to enforce it (i.e., collect on it), you must go to court and initiate what is called a "citation proceeding." In a citation proceeding, you will serve the defendant with certain papers mandating that he show up for a "citation" at the courthouse, where you will be able to question him under oath about what assets he has, etc. You can then "attach" those assets for collection.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

Re: Collecting a Judgement

To collect on a judgment, you can attempt a citation to discover assets in order to learn the information listed below. However, if you already know the debtor's empoyer's name and address you could garnish the judgment debtor's wages if the debtor receives a regular paycheck. Also, you could ask for a turnover order to get the debtor's bank account funds if you know the bank account number. You could attempt to attach and seize any non-exempt property of the debtor's as well. The most powerful tool I use is recording a memorandum of judgment against the debtor whereby a judgment lien can be recorded on debtor's record thus causing him to resolve the judgment before the debtor can buy/sell a home, obtain financing, etc. Collections are technical and I recommend you obtain an attorney to preserve your rights. For example, you must re-affirm your judgment with the court after a certain amount of years or you lose your rights to perfect your judgment.