Citation To Discover Assets Form. This is a Illinois form and can be use in Madison Local County.
Tags: Citation To Discover Assets, Illinois Local County, Madison
IN THE CIRCUIT COURT FOR THE THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Judgment Creditor Case No. vs. , Judgment Debtor CITATION TO DISCOVER ASSETS YOU ARE COMMANDED to appear before the Judge presiding in the Madison County Courthouse, 155 North Main St, Edwardsville, IL Courtroom to be assigned, on , 20___, at am/pm to be examined under oath concerning any and all property or income of the Judgment Debtor or any indebtedness due to the Judgment Debtor or any indebtedness due to the Judgment Debtor herein. THE JUDGMENT DEBTOR IS COMMANDED TO PRODUCE AT COURT: Federal and state income tax returns for the last two (2) years. Current year-to-date wage statement or check stub. Titles to automobiles Deed to real estate or other evidence of ownership of real estate. Insurance policies or other evidence of any other property ownership Evidence of any accounts in nay bank, savings & loan or credit union. (Collections) 1. 2. 3. 4. 5. 6. THE JUDGMENT DEBTOR IS PROHIBITED from making or allowing any transfer or other disposition of, or interfering with, any property not exempt from execution or garnishment belonging to the Debtor or to which he/she may be entitled or which may be acquired by or become due to him/her and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to him/her, until the further order of court or termination of the proceedings. YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. WITNESS: MARK VON NIDA, Clerk of the Circuit Court with the seal thereof, at Edwardsville, IL Date: by , Deputy Clerk The Judgment Creditor or Attorney on penalty of perjury by his/her signature hereupon certifies that Judgment was entered against the Judgment Debtor on ________________, _______, in the amount of $____________ and that $____________ thereof remains unsatisfied. ___________________ __________________________________________ date Judgment Creditor or Attorney ------------------------Pro Se Judgment Creditor's Address ______________________________________________________ Telephone: __________________________ Attorney for Judgment Creditor ________________________________ , Illinois Reg. No. _________________ Address ________________________________________________________ Telephone ___________________________ -------------------------------------------------------------------------- NOTE: RETURN OF SERVICE MUST BE MADE ON THE FOLLOWING PAGE. -- Original Returned to Court --- Copy to Defendant American LegalNet, Inc. www.FormsWorkFlow.com CITATION NOTICE TO: , Judgment Debtor , Address Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If pro se): Amount of Judgment unpaid: $ Return date and time specified in citation: Citation will be heard in the Madison County Courthouse, 155 N. Main St., Edwardsville, Courtroom to be assigned NOTICE: The Court has issued a citation against the Judgment debtor named above. The citation directs that person to appear in court to be examined for the purpose of allowing the Judgment Creditor to discover income and assets belonging to the Judgment Debtor or in which the Judgment Debtor has an interest. The citation was issued on the basis of a judgment against the Judgment Debtor in favor of the Judgment Creditor in the amount stated above. On or after the court date stated above, the court may compel the application of any discovered income or assets toward payment on the judgment. The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. The JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE: (1) Under Illinois or federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $4,000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker's compensation benefits; veteran's benefits; circuit breaker property tax relief benefits; the debtor's equity interest, not to exceed $2,400 in value, in any one motor vehicle, and the debtor's equity interest, not to exceed $1500 in value, in any implements, professional books, or tools of the trade of the debtor. (2) Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $15,0 00, which homestead is exempt from judgment. (3) Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 15% of gross weekly wages or (ii) the amount by which disposable earnings for a week exceed the total of 45 times the federal minimum hourly wage. (4) Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the federal minimum hourly wage. (5) Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. The Judgment Debtor may have other possible exemptions under the law. THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The Judgment Debtor also has the right to seek a declaration that assets are exempt at an earlier date, by notifying the clerk in writing at the Madison County Courthouse where the Citation is scheduled to be heard. When so notified, the Clerk of the Court will obtain a prompt hearing date from the Court and will set the matter for hearing with notice to the parties of the time and location of the hearing. This Citation Notice should be served along with the Citation. A copy of the Citation and Citation Notice with proof of service on the Judgment Debtor must be filed with the Court before any Order is entered. ------------------------------------------------------------------------------------- Date of service, ____________, 20____ On On Judgment Debtor personally OR Member of household's Name If served on Member of household, date copy was mailed to Debtor at address of service Description of person served Where served Served by , Deputy o