Legal Question in Civil Litigation in Illinois

Re: Small Claims-still trying too collect

The judgment still stands, and remains enforceable, to the extent it is unpaid, for seven years from its rendition. The judge probably declined to hold the defendant in contempt because he or she thought the defendant lacked the ability to pay. As long as the judge thinks the judgment debtor lacks the ability to pay, your requests for contempt will likely be denied. If you have information to the contrary, go in on another request for a rule right away.

The way to collect a judgment when the judgment debtor won't voluntarily pay is to find assets or income of the judgment debtor that is not exempt from the enforcement of the judgment. Generally, a small portion of wages are not exempt, as are other assets such as bank accounts (in excess of $2,000.00), real estate (though the defendant can exempt $7,500.00 in equity), stocks and bonds, and debts due to the judgment debtor by others. You can require the defendant to testify under oath about his or her assets or income by having the clerk of the court issue a "citation to discover assets" and arranging for the citation and related papers to be personally served on the judgment debtor. The defendant will likely be held in contempt if he or she fails to appear and testify in response to the citation. If you are able to ascertain any non-exempt assets or income, you can ask the court for an order requiring it to be turned over to you in partial or full satisfaction of the judgment or to the sheriff to be sold with the proceeds to you in partial or full satisfaction of the judgment. If the assets are in the possession of a third party, you can have a citation issued to that third party or you can attempt to garnish the third party.

If the judgment debot lacks any assets you cannot collect, because there is nothing to collect, unless the judgment debtor aquires assets or income.

You should hire a lawyer because citation proceedings and garnishments are relatively complex, though depending on the amount of the judgment, it may not be worth it.

Just because you win a case does not mean you can collect.