Illinois Affidavit in Support of Motion to Discharge Writ of Garnishment
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How to fill out Affidavit In Support Of Motion To Discharge Writ Of Garnishment?
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FAQ
File a Citation to Discover Assets Once you file it with the Clerk, you must serve the debtor with a copy of the citation. This means you must deliver a copy to them through the sheriff. You can use the sheriff or a private process server to serve the debtor with the Citation.
Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
A creditor can use the judgment to collect money from you. They may take some of your wages, money in a bank account, or sell your home. The process is commonly called garnishment even if a Citation to Discover Assets form is used.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
But, if any party files a Motion to Reconsider (or similar post-judgment motion) within 30 days of the final judgment, you must file your Notice of Appeal within 30 days after the trial court rules on the Motion.
If the Petitioner is unable to provide personal service by the Sheriff or a special process server, which the Petitioner must prove by the Sheriff's certificate and the special process server's affidavit, then the Petitioner may file a motion to request the Court to issue an Order for service by publication.
O Any person 18 years or older may file a Small Claims Complaint with or without a lawyer. People under 18 must have a lawyer. o A corporation can also file a Small Claims Complaint. However, it must be represented by a lawyer.
If you are unable to satisfy the judgment by contacting the other party, contact the clerk of the court that heard your case. From the clerk, you can obtain the forms necessary for garnishment proceedings--if the other party receives wages or has bank accounts.