Third Party Citation To Discover Assets Form. This is a Illinois form and can be use in Madison Local County.
Tags: Third Party Citation To Discover Assets, Illinois Local County, Madison
IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS , Judgment Creditor vs. , Judgment Debtor Case No. _________________ , Third Party THIRD PARTY CITATION TO DISCOVER ASSETS YOU ARE COMMANDED to appear before the Judge presiding in , IL, Courtroom # , 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 herein. THE THIRD PARTY 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 Judgment Debtor or to which the Debtor may be entitled or which may be acquired by or become due to the Debtor and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to the Debtor, until the further order of court or termination of the proceedings. THE THIRD PARTY SERVED WITH THIS CITATION IS COMMANDED to produce at the examination all books, papers or records in your possession or control which may contain information concerning the property or income of, or any indebtedness due to the Judgment Debtor. The Third Party is not required to withhold the payment of any money beyond double the amount of the unpaid judgment balance. YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. FAILURE TO COMPLY WITH THIS CITATION MAY BROUGHT BEFORE THE SUBJECT THE THIRD PARTY TO A JUDGMENT FOR THE BALANCE UNPAID PLUS COSTS. 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 $____________ thereof remains unsatisfied. ___________________ date __________________________________________ Judgment Creditor or Attorney , 20___, in the amount of $____________ and that 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. 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 IL, Courtroom # NOTICE: The court has issued a citation against a Third Party. 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 $15,000, 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. When the Citation is served on a Third Party, the Citation and Citation notice must be mailed to the Judgment Debtor within three days of service on the Third Party and may be sent by regular mail. 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, Name , 20____ On On Third Party personally OR Member of household's If served on Member of household, date copy mailed to Third Party at address of service____________________ Description of person served_______________________