How to collect a money judgment in Illinois -- Supplement

Transcription

1 How to collect a money judgment in Illinois -- Supplement This supplement includes a forms guide as well as forms. The forms guide is for use only in filling out the forms. For more information about what these forms mean or are used for, consult the appropriate Self Help packet. Board of Trustees, Southern Illinois University

2 Forms that are included in this supplement: Application to Sue As A Poor Person Affidavit In Support Of Petition For Order To Show Cause Petition for Order To Show Cause Order To Show Cause Order For Payment Order Modifying Payment Plan Certificate of Mailing of Order For Payment Citation To Discover Assets Citation Notice

3 FORMS GUIDE ALL FORMS: At the top of each form is the "caption". It is completed as follows: STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE (number of circuit JUDICIAL CIRCUIT (name of county COUNTY (your name Plaintiff, and No. (get from Clerk at the time you file (your spouse's name Defendant. Determine the number of the "Circuit" according to the chart on the next page. If your county does not appear in the chart, call the Circuit Clerk in the county in which you will be filing your case and ask for the number of the Circuit. 3

4 Circuit Courts in Illinois Cook County is its own judicial circuit. The rest of the counties in Illinois fall into one of 21 circuits. First Circuit - Second Circuit - Third Circuit - Fourth Circuit - Fifth Circuit - Sixth Circuit - Seventh Circuit - Eighth Circuit - Ninth Circuit - Tenth Circuit - Eleventh Circuit - Twelfth Circuit - Thirteenth Circuit Fourteenth Circuit - Fifteenth Circuit - Sixteenth Circuit - Seventeenth Circuit - Eighteenth Circuit - Nineteenth Circuit - Twentieth Circuit - Twenty-first Circuit - The counties of Alexander, Pulaski, Massac, Pope, Johnson, Union, Jackson, Williamson and Saline. The counties of Hardin, Gallatin, White, Hamilton, Franklin, Wabash, Edwards, Wayne, Jefferson, Richland, Lawrence and Crawford. The counties of Madison and Bond. The counties of Clinton, Marion, Clay, Fayette, Effingham, Jasper, Montgomery, Shelby and Christian. The counties of Vermilion, Edgar, Clark, Cumberland and Coles. The counties of Champaign, Douglas, Moultrie, Macon, DeWitt and Piatt. The counties of Sangamon, Macoupin, Morgan, Scott, Greene and Jersey. The counties of Adams, Schuyler, Mason, Cass, Brown, Pike, Calhoun and Menard. The counties of Knox, Warren, Henderson, Hancock, McDonough andfulton. The counties of Peoria, Marshall, Putnam, Stark and Tazewell. The counties of McLean, Livingston, Logan, Ford and Woodford. The county of Will. The counties of Bureau, LaSalle and Grundy. The counties of Rock Island, Mercer, Whiteside and Henry. The counties of JoDaviess, Stephenson, Carroll, Ogle and Lee. The counties of Kane, DeKalb and Kendall. The counties of Winnebago and Boone. The county of DuPage. The counties of Lake and McHenry. The counties of Randolph, Monroe, St. Clair, Washington andperry. The counties of Iroquois and Kankakee. 4

5 FORM: Application to Sue as a Poor Person Introduction: Your name Paragraph 1: Your address, include street and city. Paragraph 2: The amount and source of your income, for example, $ per month in AFDC, supplemented by Food Stamps. Paragraph 3:. List other sources of income not listed in 2. Paragraph 4: The amount of income you had in the last year. Paragraph 5: Should be the same as 2, unless you expect your income to go up or down, in either case you should list what you expect your income to be. Paragraph 6: List the names and birthdates of your children and/or others you support financially. Paragraph 7: First blank: total value of your possessions; Second blank: Third blank: year and make of your car; if you do not have a car, simply put "none"; value of your car; Sign your name on both blank lines above where it says "Applicant" and print your name below each signature. FORM: Petition For Order To Show Cause First blank: Second blank: Third and fourth blanks: Fifth blank: Sixth blank: Your name. The name of the debtor. Month, day and year of payment order you are trying to enforce. Amount of money the debtor is supposed to be paying under the original court order. How often the debtor is supposed to be making payments under the original court order (for example, monthly, every other week 5

6 Seventh and Eighth blanks: Ninth blank: Month and year when the debtor was to begin making payments under the original order. How many missed payments debtor owes. Sign your name on both of the long blank lines and print your name below each signature on the shorter blank line. In the lower left hand corner, print your name before where it says "pro se" and put your address and telephone number on the lines below. FORM: Affidavit In Support Of Petition For Order To Show Cause First blank County in which you live. Second blank: Third blank: Fourth and fifth blanks: Sixth blank: Seventh and Eighth blank: Ninth blank: Tenth blank: Your name. debtor s name. The last time you received any payments from the debtor. debtor's name. The month, day, and year of the original payment order. How much money you are owed. debtor's name. Sign your name on both of the long blank lines and print your name below each signature on the shorter blank line. In the lower left hand corner, print your name before where it says "pro se" and put your address and telephone number on the lines below. FORM: Order To Show Cause Introduction: First blank: Name and address of debtor. LEAVE THE REST OF THE FORM BLANK FOR THE JUDGE TO COMPLETE. 6

7 FORM: Order for Payment FILL OUT ONLY THE CAPTION LEAVE THE REST OF THE FORM BLANK FOR THE JUDGE TO COMPLETE. FORM: Order Modifying Payment Plan FILL OUT ONLY THE CAPTION LEAVE THE REST OF THE FORM BLANK FOR THE JUDGE TO COMPLETE. FORM: Certificate of Mailing Of Order For Payment First blank: Second blank: Third blank: Fourth blank: Fifth blank: Your name. The name of the other party. The address of the other party. Name of city in which you mailed a copy of the Order for Payment to the other party. Date you mailed a copy of the Order for Payment to the other party. Sign your name on both of the long blank lines and print your name below each signature on the shorter blank line. In the lower left hand corner, print your name before where it says "pro se" and put your address and telephone number on the lines below. FORM: Citation To Discover Assets (Circuit Clerk and Defendant s copy Name and address of Debtor: Name and address of Creditor: Date of Judgment: Case number of original judgment: Name and address of person who owes you money. Your name and address. The date your money judgment was entered by the court. The case number that appears on the money judgment 7

8 Original amount owed: Balance due: Hearing date and time: First blank: Second blank: Creditor blank: Creditor address and phone number: that was entered by the court. The total amount of money awarded to you by the court. How much is left owed on the judgment. Do not fill out until you get this information from the Clerk. Name of county where you are filing your Citation. What records or information you want the debtor to bring to the hearing. Sign your name here Your address and phone number. FORM: Citation Notice (Circuit Clerk and Defendant s copy Name and address of Debtor: Name and address of Creditor: Date of Judgment, amount awarded, and amount unpaid: Name and address of person who owes you money. Your name and address. The date your money judgment was entered by the court, the total amount of money awarded to you by the court, and how much is left owed on the judgment. Court date and time: First blank: Do not fill out until you get this information from the Clerk. Address of Circuit Clerk where you are filing your Citation. 8

9 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY Application granted Application denied Plaintiff, vs. No., 20 Defendant. JUDGE APPLICATION TO SUE AS A POOR PERSON I,, on my own behalf, on oath state: 1. My current address is. 2. My occupation, source of income, amount of public benefits is. 3. My other sources of income or support are. 4. My income for the preceding year was approximately. 5. The sources and amounts of income I expect to receive in the future are:. 6. Person(s who are dependent on me for support are:.

10 7. I own no real estate. The total value of all my personal property does not exceed $ in value and consists of clothing and furniture, and other household items, including a 20, motor vehicle, valued at $. 8. I filed no applications for leave to sue or defend as a poor person during the preceding year, and none were filed on my behalf. 9. I am unable to pay the costs of commencing and prosecuting this action. 10. I have a meritorious claim. WHEREFORE, Applicant prays the Court to permit her/him to commence and prosecute this action as a poor person under 735 ILCS 5/5-105 of the Code of Civil Procedure. Applicant Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he/she verily believes the same to be true. Applicant

11 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, vs. No , Defendant. PETITION FOR ORDER TO SHOW CAUSE Now comes, (hereafter referred to as Creditor on his/her own behalf and in support of his/her Petition for Order to Show Cause against (hereafter referred to as Debtor states as follows: 1. That on, 20, this Court entered an order which requires Debtor to make payments in the amount of $ per, beginning on, That Debtor has violated this order in that he/she has not paid all of the payments he/she was ordered to pay (See Affidavit and a delinquency of $ is now owed. 3. That Debtor can satisfy the Order to Show Cause by paying the amount that is owed. WHEREFORE, Creditor asks that this court:

12 A. Issue an order requiring Debtor to show cause, if any he/she has, why he/she should not be held in contempt of court and punished for failure to comply with this court's order. B. Issue an order modifying the existing payment order to pay the past due payments that are owed. C. For any other relief that equity may require. Under penalties as provided by law pursuant to Section of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true., pro se

13 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, Plaintiff, vs., Defendant. COUNTY No ORDER TO SHOW CAUSE Name and Address of Person to be Served with this Order: This cause having come on to be heard on the Petition for Order to Show Cause filed by, the Court having considered the petition and having been otherwise fully informed in the premises, finds that it should be granted. WHEREFORE, IT IS HEREBY ORDERED that shall appear on the day of, 20, at.m. at the county courthouse,, Illinois, and show cause, if any he/she has, why he/she should not be held in contempt of court and punished for failing to comply with the order entered by this Court on, 20. DATE JUDGE RETURN OF SERVICE--ORDER TO SHOW CAUSE to be completed by Sheriff

14 The undersigned certifies that he/she served this Order To Show Cause on the Defendant as follows: (Check appropriate blank, and complete service information below a (Individual defendant - personal: By leaving copy of the complaint with each individual personally. (b (Individual defendant - abode: By leaving a copy and a copy of the complaint at the usual place of abode of each individual defendant with a person of his family, of the age of 13 years or upwards, informing that person of the contents and also by sending a copy of the summons in a seal envelope with postage fully prepaid, addressed to each individual defendant at his usual place of abode. (c (Other service -- explain below SERVICE INFORMATION: Name of Defendant: Order To Show Cause given to: Name: Sex Race Approximate Age Place of Service Street Address: City of, State of Date of Service:, 20 Time Date of Mailing (if abode service was used Signed: By:, Sheriff of County, State of, Deputy

15 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff vs. No. --, Defendant. AFFIDAVIT IN SUPPORT OF PETITION FOR ORDER TO SHOW CAUSE STATE OF ILLINOIS ss. COUNTY OF I,, having been duly sworn state as follows: 1. That if I were sworn as a witness at trial, I could competently testify to the facts set forth in this affidavit based on my personal knowledge. 2. That (check all that apply and complete blanks ( I have not received any payments from since 20. ( That while I have received payments from, it is less than the amount he/she was ordered to pay on, 20 and I am owed $. ( That has the ability to pay the amount that is owed. Under penalties as provided by law pursuant to Section of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true., pro se

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17 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, and No., Defendant. ORDER MODIFYING PAYMENT PLAN The Court, having had a hearing on the Order To Show Cause filed by, heard the evidence, and being otherwise fully advised in the premises, finds that it should be granted. IT IS HEREBY ORDERED that the order entered on, 20 ordering to make payments in the amount of $ per be modified as follows: A. Defendant shall pay to, the sum of $ per, the first payment to be made on the day of 20 and payable on the day of each thereafter until the judgment has been paid in full. B. Defendant shall pay to,, as and for an arrearage of past due payments the sum of $ per, the first payment to be made on the day of 20 and payable on the day of each thereafter until the past due amount has been paid in full.

18 DATE: ENTER: JUDGE STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, and No., Defendant. ORDER FOR PAYMENT The Court, having had a hearing on the Citation to Discover Assets filed by, heard the evidence, and being otherwise fully advised in the premises, finds that it should be granted. IT IS HEREBY ORDERED that Defendant shall pay to, the sum of $ per, the first payment to be made on the day of 20 and payable on the day of each thereafter until the judgment has been paid in full. DATE: ENTER: JUDGE

19 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, vs. No , Defendant. CERTIFICATE OF MAILING OF ORDER FOR PAYMENT I,, hereby certify that I mailed a copy of the Order For Payment to at by depositing the same in the United States mail at, Illinois, postage fully prepaid on, 20., Under penalties as provided by law pursuant to Section 5/1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she/he verily believes the same to be true.,, pro se

20 STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, Plaintiff, vs., Defendant. Name and Address of Debtor: COUNTY No. CITATION NOTICE Name and Address of Creditor: Date of Judgment, amount awarded, and amount unpaid: Court Date and Time: NOTICE: The Court has issued a citation against you. The citation directs you to appear in court to be examined for the purpose of allowing the creditor to discover income and assets belonging to you or in which you have an interest. The citation was issued because of a judgment against you in favor of the creditor in the amount stated above. On or after the above date, the court may compel you to apply any discovered non-exempt income or assets to pay towards the judgment. The amount of income or assets that may be applied toward the judgment is limited by federal

21 and Illinois law. YOU HAVE THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS WHICH MAY NOT BE USED TO PAY THE JUDGMENT LISTED ABOVE. Those exemptions are listed on the reverse side of this Notice CITATION NOTICE- ORIGINAL STATE OF ILLINOIS CIRCUIT CLERK S COPY IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, Plaintiff, vs., Defendant. Name and Address of Debtor: COUNTY No. CITATION NOTICE Name and Address of Creditor: Date of Judgment, amount awarded, and amount unpaid: Court Date and Time: NOTICE: The Court has issued a citation against you. The citation directs you to appear in court to be examined for the purpose of allowing the creditor to discover income and assets belonging to you or in which you have an interest. The citation was issued because of a

22 judgment against you in favor of the creditor in the amount stated above. On or after the above date, the court may compel you to apply any discovered non-exempt income or assets to pay towards the judgment. The amount of income or assets that may be applied toward the judgment is limited by federal and Illinois law. YOU HAVE THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS WHICH MAY NOT BE USED TO PAY THE JUDGMENT LISTED ABOVE. Those exemptions are listed on the reverse side of this Notice CITATION NOTICE- DEFENDANT S COPY

23 YOUR EXEMPTION RIGHTS You may have other rights not listed here 1. Under Illinois or federal law, the following items are exempt and cannot be taken from you to pay this judgment: Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker s compensation benefits; veterans benefits; circuit breaker property tax relief benefits; your equity interest, not to exceed $2000 in value, in any personal property you choose; your equity interest, not to exceed $1200 in value, in any one motor vehicle; your equity interest, not to exceed $750 in value, in any tools of your trade. 2. Under Illinois law, you are entitled to the first $7500 of the value of your home as long as you live there. 3. Under Illinois law, the amount of your salary that may be applied toward a judgment is limited to the lesser of (a 15% of your gross weekly salary or (ii the amount by which your net weekly exceeds $ Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (a 25% of your net weekly salary or (b the amount by which your net weekly salary exceeds $ Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. YOU HAVE THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT INCOME OR ASSETS OR BOTH. You also have the right to seek declaration at an earlier date by notifying the clerk in writing at the following address:. When so notified, the Clerk will obtain a prompt hearing date and will provide the necessary forms that must be prepared by you or your attorney and sent to the creditor or the creditor s

24 attorney regarding the time and location of the hearing. This notice may be sent by regular first class mail. YOUR EXEMPTION RIGHTS You may have other rights not listed here 1. Under Illinois or federal law, the following items are exempt and cannot be taken from you to pay this judgment: Social Security and SSI benefits; public assistance benefits; unemployment compensation benefits; worker s compensation benefits; veterans benefits; circuit breaker property tax relief benefits; your equity interest, not to exceed $2000 in value, in any personal property you choose; your equity interest, not to exceed $1200 in value, in any one motor vehicle; your equity interest, not to exceed $750 in value, in any tools of your trade. 2. Under Illinois law, you are entitled to the first $7500 of the value of your home as long as you live there. 3. Under Illinois law, the amount of your salary that may be applied toward a judgment is limited to the lesser of (a 15% of your gross weekly salary or (ii the amount by which your net weekly exceeds $ Under federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (a 25% of your net weekly salary or (b the amount by which your net weekly salary exceeds $ Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. YOU HAVE THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT INCOME OR ASSETS OR BOTH.

25 You also have the right to seek declaration at an earlier date by notifying the clerk in writing at the following address:. When so notified, the Clerk will obtain a prompt hearing date and will provide the necessary forms that must be prepared by you or your attorney and sent to the creditor or the creditor s attorney regarding the time and location of the hearing. This notice may be sent by regular first class mail.. STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, v. Case no:, Defendant. CITATION TO DISCOVER ASSETS Name and Address of Debtor: Name and Address of Creditor: Date of Judgment Case number of original judgment Original amount owed $ Balance due: $ Hearing Date and Time: YOU ARE ORDERED TO APPEAR before a Judge in the Circuit Court of County at the above date and time for a hearing to discover any non-exempt assets and income that you may have to pay off the judgment listed above. YOU ARE REQUIRED to bring with you any and all books, papers, or records in your possession or control that contain information concerning your property, income, and assets, including.

26 YOU ARE PROHIBITED from disposing, transferring, encumbering, or giving away any non-exempt income or assets until further order of the court or termination of the Citation proceedings. YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. EVEN IF YOU ONLY HAVE NON- EXEMPT INCOME AND ASSETS AND OR YOU CANNOT PAY TOWARDS THIS JUDGMENT, YOU MUST APPEAR. The undersigned certifies, under penalties of law, pursuant to Section 5/1-109 of the Illinois Code of Civil Procedure, that the above information about the judgment is true and correct as to their belief/ knowledge. Creditor Creditor Address and phone number CITATION TO DISCOVER ASSETS -- ORIGINAL CIRCUIT CLERK COPY Note to Sheriff: This Citation must be served within 5 days of the date of the hearing as stated above. RETURN OF SERVICE-- CITATION TO DISCOVER ASSETS to be completed by Sheriff The undersigned certifies that he/she served this Citation To Discover Assets on the Defendant as follows: (Check appropriate blank, and complete service information below a (Individual defendant - personal: By leaving copy of the complaint with each individual personally. (b (Individual defendant - abode: By leaving a copy and a copy of the Citation at the usual place of abode of each individual defendant with a person of his family, of the age of 13 years or upwards, informing that person of the contents and also by sending a copy of the Citation in a seal envelope with postage fully prepaid, addressed to each individual defendant at his usual place of abode. (c (Other service -- explain below SERVICE INFORMATION: Name of Defendant:

27 Citation To Discover Assets given to: Name: Sex Race Approximate Age Place of Service Street Address: City of, State of Date of Service:, 20 Time Date of Mailing (if abode service was used Signed:, Sheriff of County, State of By:, Deputy STATE OF ILLINOIS IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT COUNTY, Plaintiff, v. Case no:, Defendant. CITATION TO DISCOVER ASSETS Name and Address of Debtor: Name and Address of Creditor: Date of Judgment Case number of original judgment Original amount owed $ Balance due: $ Hearing Date and Time: YOU ARE ORDERED TO APPEAR before a Judge in the Circuit Court of County at

28 the above date and time for a hearing to discover any non-exempt assets and income that you may have to pay off the judgment listed above. YOU ARE REQUIRED to bring with you any and all books, papers, or records in your possession or control that contain information concerning your property, income, and assets, including. YOU ARE PROHIBITED from disposing, transferring, encumbering, or giving away any non-exempt income or assets until further order of the court or termination of the Citation proceedings. YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL. EVEN IF YOU ONLY HAVE NON- EXEMPT INCOME AND ASSETS AND OR YOU CANNOT PAY TOWARDS THIS JUDGMENT, YOU MUST APPEAR. The undersigned certifies, under penalties of law, pursuant to Section 5/1-109 of the Illinois Code of Civil Procedure, that the above information about the judgment is true and correct as to their belief/ knowledge. Creditor Creditor Address and phone number CITATION TO DISCOVER ASSETS DEFENDANT S COPY Date of Service:, 20 (To be completed by officer