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A Citation to Discover Assets allows a creditor to find out what money, property, and wages a debtor has for the creditor to collect the debt. The citation tells the debtor to come to court and give this information to the court and the creditor.
Once the creditor has the information, they can take steps to trim the debtor's wages or to take the debtor's money or property. You must have a judgment before you can follow these steps. If you do not have a judgment yet, you must first file a lawsuit.
The first step is to fill out a Citation to Discover Assets. If you already know where the debtor works or where the debtor has a bank account, you can skip the citation process and move directly to collect the judgment.
To fill out the citation form, you will need the following information:
- The amount of the judgment,
- The date when the judgment was entered,
- The amount still owed to you, including interest that has accrued, and
- The case number for the court case in which the judgment was entered.
Some circuit clerk's offices have their own Citation to Discover Assets and Citation Notice forms that they want you to use. If this is the case in the county in which you filed your action, you should ask whether you must use their forms or the standard forms.
Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.
Then send the debtor a copy of the Notice and the Citation to Discover Assets. You must do this even if you are sending the citation to a third party, like a bank.
You must send the Notice and the Citation by certified or registered mail, return receipt requested and restricted delivery. Restricted delivery means that if the mail is to a person, only that person can sign for the envelope.
Note: If you are using a third-party citation, for example to a bank, you will not send the notice to the bank and to the debtor at the same time. You will send the citation to the bank first.
Go to court on the date and time on the citation. At the beginning of the hearing, you should tell the judge the amount of the judgment and how much the debtor still owes you. If you win the case, the defendant owes you the amount on the judgment.
If the debtor is at the hearing, the judge will swear the debtor in. This means asking the debtor to take an oath, to tell the truth.
Then, the judge will probably send you and the debtor out into the hall, so that you will be able to ask questions about the debtor's income and assets. You will be able to find out where the debtor is employed, how much money the job pays, whether the debtor owns any real estate, and where the debtor has any bank accounts.
The debtor might ask the judge for exemptions that apply to his or her income and property. In some counties, the court uses a form which the debtor fills out to report his or her income and property.
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
- Plaintiff's or Petitioner's name
- Defendant's or Respondent's name
- Case number
- Judicial circuit
- County
- Division
If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
- Copies of all the documents you filed with the Circuit Clerk
- Any witnesses you want to testify
- Any documents you want the judge to look at
- A photo ID
- Be polite and dress the way you would for a job interview;
- Get to the courthouse at least 30-45 minutes before your hearing time;
- Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
- Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
- Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
- Listen for your name or your line number to be called and then step up to the bench;
- You may be sworn to tell the truth, answer the questions truthfully;
- Explain briefly the issue you would like to address before leaving the courthouse;
- After listening to you and to the other side and tell you what happens next;
- You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
If the debtor has money or property, the judge might order the debtor to give it to you. This is called a turnover order. If you have gone into the hall to talk to the debtor, ask the debtor to stay, then go back in front of the judge to make your request for the turnover order.
If the debtor has money or property that is held by someone else, like a bank, you can file a Citation to Discover Assets to a Third Party. The judge can then order the bank to give you money out of the debtor's bank account.
If the debtor has a job, you can get the employer to give you a portion of the debtor's paycheck until the judgment is paid off.
If the debtor does not show up to the hearing, you can ask the judge for a Rule to Show Cause.
Whatever the judge decides to do, make sure that there is a court order before you leave the courthouse. Some judges will fill out and sign an order. Other judges will tell you to fill out the order or may ask a lawyer who is in the courtroom on another case to help you by filling out an order. Many order forms are in triplicate, meaning an original with two copies. This makes it easier to have a copy for yourself and one for the debtor. The original will be for the court record.
Once the judge signs the order, either the clerk who is in the courtroom will stamp it and give you and the debtor each a stamped copy, or you will have to take it to the circuit clerk's office to file it.
You should be certain you have a stamped copy of any order that is entered in the case. Keep this copy for your own records. If you lose your copy, you can request another copy from the circuit clerk's office.
If the debtor leaves court without his or her copy or does not come to court, you must send a copy of the order to the debtor so that they have notice of whatever happened in court.
Note about repeated citations: You may use the citation procedure against a debtor or a third party only once unless you have special permission of the court.
Just because the judge gives you a judgment, it does not mean you will be paid the money. If they don’t pay, you can add interest at the rate of 9% a year. The rate is 5% for judgments entered on 1/1/20 or later that are $25,000 or less and are for consumer goods or services (not bodily injury or death). You will also have to take steps to enforce the judgment if you are not paid. This information will help with the next steps to collect the judgment.
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