Supplementary Proceedings (Citation to Discover Assets)

• Author: Jennifer Duncan-Brice
• Pages: 1281-1292

34-1

SUPPLEMENTARY

PROCEEDINGS

CHAPTER 34

SUPPLEMENTARY PROCEEDINGS

(CITATION TO DISCOVER ASSETS)

QUICK VIEW

Def‌inition: A judgment has been entered and the judgment debtor has not paid. A supplementary proceeding is the

process by which the judgment creditor can collect the judgment.

Scope of Chapter: This chapter delineates how to commence the proceedings and explains how assets can be sought

from not only the judgment debtor but from third parties in possession of the debtor’s assets.

Strategies and Tactics: The judgment creditor needs to know where the assets are and from whom those assets can

be taken. There are concise procedures to accomplish that goal and this Chapter spells out how to do just that.

Statutes and Rules: 735 ILCS 5/2-1402; 735 ILCS 5/12-701; 735 ILCS 5/12-801; 735 ILCS 5/12-803; ILCS

5/12-101; 810 ILCS 5/1-101; SCR 277, SCR 105

Related Topics: Summons and Service of Process, Ch 9; All Discovery, Ch 20; Summary Judgment, Ch 30; Default

Judgment and Dismissal for Want of Prosecution, Ch 31.

Forms: See digital access for the following forms:

• Form 34:10 Citation Notice

• Form 34:20 Income and Assets Form

TABLE OF CONTENTS

I. PURPOSE OF SUPPLEMENTARY PROCEEDINGS

§34:01 What Are Supplementary Proceedings

§34:02 Who May Initiate Supplementary Proceedings

§34:03 Parties against Whom Supplementary Proceedings May Be Brought

§34:04 Specif‌ic Assets Need Not Be Identif‌ied

§34:05 Leave of Court Required for Subsequent Supplementary Proceeding

II. CITATION AND SERVICE

§34:10 Requirements for Citation

§34:11 Restraining Provisions in Citation

§34:12 Income and Assets Form

§34:13 Where Citation May Be Filed

§34:14 Service of Citation