a. The Plaintiff does not know what assets or income the Defendant has. This is referred to
in the case law as a "fishing expedition.”
b. The Debtor has various personal property assets, but the true extent and character of the assets or their values are unknown. For example, where the Debtor’s property may be
subject to liens of unknown extent or validity.
c. The Debtor is engaged in contracts or other transactions with a third party, or the
Debtor's property is in the possession of a third party. This is commonly referred to as a
"Third Party Citation to Discover Assets." This remedy can be used to reach assets of the
Debtor held by any entity, but most commonly banks.
d. Where assets have been transferred or there is a cause of action that the Judgment
Debtor has against a third party.
e. The Judgment creditor needs Court help in acquiring possession and disposition of the
assets.
Agenda
Overview of use of the citation to discover assets set forth in 735 ILCS 5/2-1402735 ILCS Section 5/2-1402(c)(2)
Illinois Supreme Court Rule 277
Faculty
C. Edwin Walker
C. Edwin Walker & Associates
- Attorney with C. Edwin Walker & Associates
- Practices in commercial law and collections
- More than 31 years of practicing creditor’s rights and general litigation
- Lectured on collections, landlord-tenant law and other topics many times before the Peoria County Bar Association and other forums
- Achieved the highest rating in the Martindale-Hubbell Law Directory
- J.D. degree, University of Illinois Law School; bachelor’s degree, Southern Illinois University Carbondale
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