Money & Debt

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Collecting money other than wages from a third party

If you have won a judgment for money against your debtor, you can file a citation to discover assets to a third party. This lets you collect money by taking the debtor's property that is held by a third party, such as a bank.

Use the Collect a judgment from a debtor's bank or employer Easy Form once you know about their bank accounts or employment income.

Process 

The procedures for the citation to a third party are similar to the procedures for a Citation to Discover Assets directed to the debtor. They are also similar to the procedures for wage deduction from the debtor's employer. 

The summons must be given to the third party by:

  • The sheriff; or
  • Certified or registered mail
  • Restricted delivery if to an individual.

In all counties except Cook, the clerk can also mail the summons for you.

Once the third party gets the summons, it must freeze the debtor's account. The account stays frozen until the court decides whether you get the money. There is an exception to this rule when the money in the account comes from Social Security benefits. This is a complicated rule, so ask the bank or a lawyer if you have questions.
 
Two days after the sheriff serves the summons on the third party, the sheriff will send the notice to the debtor. If you or the circuit clerk is serving the notice by certified or registered mail, then you or the clerk will mail the notice to the debtor two days after mailing to the bank. This delay helps prevent the debtor from taking money out of the bank account before the bank processes the citation and freezes the account.

Last full review by a subject matter expert
June 19, 2018
Last revised by staff
May 24, 2020

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