Citation To Discover Assets Questions
Citation to discover assets to debtor is a court document requiring the debtor to come to court and answer questions about their property and income.
Citation to discover assets questions. A citation to discover assets shall be served in conformity with the code of civil procedure and the supreme court rules. S signature street address city state zip telephone. Is true and correct. Then the judgment creditor can try to get that property or income to pay the judgment if it is not protected by law.
Citation to discover assets to debtor s employer. The creditor will send you written notice spelling out your legal rights as well as the date and time of your court hearing. Citation to discover assets to debtor s bank illinois legal aid online provides a guided interview that will ask you a series of questions related to this topic and then the program will complete the forms for you. Who can file a.
Citation to discover assets to debtor. It is free to use. 2 5 03 citation to discover assets a. The citation to discover assets creates an automatic lien once a citation to discover assets is issued a lien is automatically placed on all of your nonexempt property.
Once judgment is entered and is not vacated within the time allowed then the judgment is enforceable. Sc c 1803 2 page 2 of 6 12 19. Citation to discover assets to a third party. What s your home telephone number.
Citation to discover assets a person who owes a debt is called a debtor the person who they owe the debt to is called the creditor a citation to discover assets allows the creditor to find out what money property and wages a debtor has for the creditor to collect the debt. During that stage a defendant has the right and opportunity to object to the amount of the bill and defend himself. Remember that the purpose of the examination is to figure out what kinds of assets the judgment debtor has and where those assets are located. At that time you must appear in court and answer questions asked by your creditor s lawyer relating to your income and property.
The clerk shall upon request issue a citation to discover assets for service upon a judgment debtor and in the form set forth in the code of civil procedure and supreme court rules. With this opportunity it is important for the creditor to ask questions that will help it uncover the debtor s true asset values. If you do you may be subject to court penalties for failing to obey the citation. Here are some examples of questions you might want to ask.
First a judgment is obtained. Leading up to court appearance. So your questions should be directed to that type of information. What s your home address.
I understand that making a false statement on this form is perjury and has penalties provided by law under 735 ilcs 5 1 109. The date of the hearing is called the return date. The process is as follows.