The Illinois Answer to Citation to Discover Assets Proceeding is a type of legal action used to compel a debtor to disclose assets to the court. This type of proceeding is initiated when a judgment creditor files a Citation to Discover assets in court. The citation orders the debtor to appear before the court and provide a full accounting of all of their assets and liabilities. The debtor is required to respond to the citation within a certain period of time, usually 21 days. If the debtor fails to respond, the court may issue an Order of Default, which allows the judgment creditor to move forward with the collection process. The Illinois Answer to Citation to Discover Assets Proceeding consists of two different types of pleadings: a Verified Answer (filed by the debtor) and an Objection (filed by the judgment creditor). The Verified Answer is the debtor’s response to the citation and must include a complete accounting of all assets and liabilities, as well as any other information requested in the citation. The Objection is the judgment creditor’s response to the Verified Answer and can include objections to the accuracy or completeness of the answer. If the court finds that the debtor has failed to comply with the citation, it may issue an Order of Default, which allows the judgment creditor to move forward with the collection process. If the court finds that the debtor has complied with the citation, the court may enter an Order of Compliance, which dismisses the citation and allows the judgment creditor to move forward with the collection process.
Illinois Answer to Citation to Discover Assets Proceeding
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FAQ
In Illinois, an unpaid judgment can become a lien on real estate. A judgment lien allows a creditor to force a sale of property owned by the debtor (you).
The Illinois homestead exemption allows homeowners to exempt up to $15,000 of equity ($30,000 for married couples) from collection attempts from creditors, potentially preventing the seizure, foreclosure, and sale of their home.
A debtor will be considered to be judgment-proof if they do not own any non-exempt assets. In situations where a debtor is judgment-proof, creditors may still be able to move forward with the debt collection process, either by making payment plans or other arrangements with a debtor or by taking legal action.
What is a Citation to Discover Assets to Debtor's Bank? A Citation to Discover Assets to Debtor's Bank is a court document that tells the bank to answer questions about the debtor's property and income.
Personal property exemptions For each family member, necessary clothing, a bible, school books, and family pictures; One motor vehicle in which interest does not exceed $2,400; Wildcard Exemption: Your client's equity interest, not to exceed $4,000 in value, in any other property.
These are the major exemptions under Illinois law: Wages (exempt in part) ? 85 percent of an individual debtor's wages are exempt.Certain retirement funds ? Pension and individual retirement account (IRA) funds and individual retirement annuities are fully exempt from collections.
Who can file an Emergency Motion to Claim Exemption? Anyone who has a money judgment against them and whose bank account has been frozen as a result of that judgment can file an Emergency Motion to Claim Exemption. Your bank account may have been frozen if a creditor filed a Citation against your bank.
Step 1: File your forms with the Circuit Clerk in the county where the court case is filed. o Call the Circuit Clerk for a court date, time, and courtroom number for your Citation to Discover Assets to Debtor. This is the time and place where the debtor will show up to answer the questions.