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Discovery of Assets against Private Party - Can I request a Continuance? More ques.

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ploppsdman

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hello,

For the same suit, I have 2 parties coming in to court tomorrow. If you have any suggestions on how to maximize this proceeding, please let me know as I'm taking this on pro-Se.

My first question: if neither party currently has a job, can I request a continuance in order to ascertain if they have one 5 months down the road? My understanding is that the citation is valid for 6 months so can I ask to have them reappear in order to ask that question again? If not, how else am I to know if they are employed and able to pay me back?

Second question: I will provide a list of questions that I have compiled to help anyone else looking for that. Are there any other questions that I should ask?

What are your current contact numbers (cell, landline)
Are you currently employed?
If so, At what address? Where is the payroll office located?
Do you have an account with any financial institution? If so,
what's the name of the bank branch, and what are the account numbers and present balances?
Where do you currently live?
If you do not own, who are you renting the property from (name, contract information)?
What is the rent per month?
How is that rent being paid? Is it paid by check? Is your rent/mortgage up to date?
Do you have a vehicle (ie how did you get to court today)? If yes, make/model/year.
Do you own it? Is it financed? By whom? How much is owed?
Do you have a life insurance policy? Is it a whole life policy?
Do you have any other judgements against you, ie do you owe anyone else money?
Are you owed any money?
Do you have any boarders or subtenants? If so, what are their names and how much do they pay you each month?
Do you own any recreational vehicles?
Do you have any credit cards? Can you get a cash advance on any of those cards?
Do you have any property, personal effects, cash, or other assets that you've not yet mentioned? If so, please explain.
Do you understand that as long as the judgment remains unpaid, it accrues interest?
What was your stated income on your tax form for this year?
What was your stated income for the previous year?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

Hello,

For the same suit, I have 2 parties coming in to court tomorrow. If you have any suggestions on how to maximize this proceeding, please let me know as I'm taking this on pro-Se.

My first question: if neither party currently has a job, can I request a continuance in order to ascertain if they have one 5 months down the road? My understanding is that the citation is valid for 6 months so can I ask to have them reappear in order to ask that question again? If not, how else am I to know if they are employed and able to pay me back?

Second question: I will provide a list of questions that I have compiled to help anyone else looking for that. Are there any other questions that I should ask?

What are your current contact numbers (cell, landline)
Are you currently employed?
If so, At what address? Where is the payroll office located?
Do you have an account with any financial institution? If so,
what's the name of the bank branch, and what are the account numbers and present balances?
Where do you currently live?
If you do not own, who are you renting the property from (name, contract information)?
What is the rent per month?
How is that rent being paid? Is it paid by check? Is your rent/mortgage up to date?
Do you have a vehicle (ie how did you get to court today)? If yes, make/model/year.
Do you own it? Is it financed? By whom? How much is owed?
Do you have a life insurance policy? Is it a whole life policy?
Do you have any other judgements against you, ie do you owe anyone else money?
Are you owed any money?
Do you have any boarders or subtenants? If so, what are their names and how much do they pay you each month?
Do you own any recreational vehicles?
Do you have any credit cards? Can you get a cash advance on any of those cards?
Do you have any property, personal effects, cash, or other assets that you've not yet mentioned? If so, please explain.
Do you understand that as long as the judgment remains unpaid, it accrues interest?
What was your stated income on your tax form for this year?
What was your stated income for the previous year?
You can request a continuance but you cannot request a continuance based on the fact that the defendants may have greater assets later. If you get a judgment, however, you have the opportunity to attach assets in the future.

I am afraid no one on this forum can help you with your list of questions. That borders on practicing law and falls outside the scope of this forum.

For information on Illinois small claims courts, you can visit the Illinois Legal Advocate website at: http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.dsp_content&contentid=277.

Good luck tomorrow.
 
Last edited:

ploppsdman

Junior Member
I have a judgement against them ... what I don't have is, if they are unemployed as of tomorrows discovery, a way that I know of to ask if they have a job in 6 months ... outside of requesting a continuance or taking them to court again via another discovery citation. How can I get that knowledge? I assuming tomorrow/today is going to be a waste of time.
 

Proserpina

Senior Member
I have a judgement against them ... what I don't have is, if they are unemployed as of tomorrows discovery, a way that I know of to ask if they have a job in 6 months ... outside of requesting a continuance or taking them to court again via another discovery citation. How can I get that knowledge? I assuming tomorrow/today is going to be a waste of time.
There's no way you can show whether or not the debtors will have collectible income in the future and the courts don't expect them to guess.

You've already got the judgment and you have a long time to collect. Unfortunately the majority of small claims judgments go uncollected. Getting the judgment was the easy part, unfortunately.
 

quincy

Senior Member
I have a judgement against them ... what I don't have is, if they are unemployed as of tomorrows discovery, a way that I know of to ask if they have a job in 6 months ... outside of requesting a continuance or taking them to court again via another discovery citation. How can I get that knowledge? I assuming tomorrow/today is going to be a waste of time.
ploppsdman, I agree with Proserpina that you have accomplished the easy part of a collection action, and that is getting the judgment. Trying to satisfy the judgment can be difficult.

Here is a link to some information you may find helpful on what to do "After the Judgment," published by the 19th Judicial Circuit Court of Lake County, Illinois: http://www.19thcircuitcourt.state.il.us/csr/Pages/sc_after.aspx

I hope your meeting today is worth your time. Good luck.
 

latigo

Senior Member
I have a judgement against them ... what I don't have is, if they are unemployed as of tomorrows discovery, a way that I know of to ask if they have a job in 6 months ... outside of requesting a continuance or taking them to court again via another discovery citation. How can I get that knowledge? I assuming tomorrow/today is going to be a waste of time.
I trust you aren't still staggering under the "late breaking news" of the difficulties to be encountered in trying to collect your money judgment. The task of securing and serving the "Citation to Discover Assets" may have given you some clue.

Also, that you will wisely ignore the "legal advice" from pro se (a/k/a Proserpina) that you cannot examine the debtor as to potential sources of future income because it amounts to "guessing"!

Question calling for that type of speculation are an acceptable inquiry. Usually the permitted range of the examination is rather broad and only interrupted by the judge, or one appointed to site in, when the questions reach the point of harassment or call for information of no suitable purpose.
_________

With regard to continuing the post-judgment supplementary proceedings.

As you may or may not know the authority rests with Section 2-1402 of the Illinois Code of Civil Procedure "Supplementary Proceedings" with the governing rules embodied in Rule 277 of the Illinois Supreme Court Rules. (Seems we are always confronted with rules on top of rules.)

Although the Supreme Court Rules appear to be silent on issue of obtaining an order of continuance, if it is any help, they do authorize the commencement of supplementary proceedings AT ANY TIME while the judgment is subject to enforcement. (R 227(a)

The limitation being that the whole process automatically terminates 6 months from the date of the respondent's (debtor or third person) first personal appearance pursuant to the citation. R 277(f)

But with a rider that the court may grant extensions (note the plural) beyond the 6 months as justice may require. (R 227 (f)(2)
_________________________

So, assuming that you may be able to renew the process with a follow up discovery citation and considering that you have done some good homework in preparing questions in other areas, I don't see that the hearing will be a waste of your time.

Just one last thought on the matter of requesting a continuance, which indeed may be permissible as it is in other states and which serves to avoid the issuance and service of a subsequent citation:

I really don't see a court granting you a continuance and ordering the debtor to again appear before the court simply because you are unable to develop sources or potential sources of income 5 months hence.
 

Zigner

Senior Member, Non-Attorney
Also, that you will wisely ignore the "legal advice" from pro se (a/k/a Proserpina) that you cannot examine the debtor as to potential sources of future income because it amounts to "guessing"!
I've quoted Proserpina's only post in this thread in its entirety. Please point out where anything incorrect was said. I suspect that you mis-read the post. Perhaps you let a bit of bias cloud your reading...


There's no way you can show whether or not the debtors will have collectible income in the future and the courts don't expect them to guess.

You've already got the judgment and you have a long time to collect. Unfortunately the majority of small claims judgments go uncollected. Getting the judgment was the easy part, unfortunately.
 

Paul84

Member
tip on collecting a judgment

You should be able to get the debtors' bank info from any checks you may have paid to them--if they still use the same accounts. Just ask your bank on which the checks were written about getting a copy. Some banks automatically give you such copies of cashed or deposited checks that you've paid out from your account, and any bank depositing it would stamp its info on the back or front. If you haven't paid them by check, try this technique:

Write a check made out to each debtor for a nominal amount, say $7.81, from a company that you create for that purpose--ie one not showing your surname. Most people will deposit such random checks into their bank account. Then you just take the court's judgment to the bank identified by the returned check, and that judgment requires the bank to withdraw whatever the debtor owes and hand it to you. Nevertheless, you may have to go a few times to the bank if the debtor's balance is low, as cash comes in and out sporadically from these types of deadbeats.


What is the name of your state (only U.S. law)? Illinois

Hello,

For the same suit, I have 2 parties coming in to court tomorrow. If you have any suggestions on how to maximize this proceeding, please let me know as I'm taking this on pro-Se.

My first question: if neither party currently has a job, can I request a continuance in order to ascertain if they have one 5 months down the road? My understanding is that the citation is valid for 6 months so can I ask to have them reappear in order to ask that question again? If not, how else am I to know if they are employed and able to pay me back?

Second question: I will provide a list of questions that I have compiled to help anyone else looking for that. Are there any other questions that I should ask?

What are your current contact numbers (cell, landline)
Are you currently employed?
If so, At what address? Where is the payroll office located?
Do you have an account with any financial institution? If so,
what's the name of the bank branch, and what are the account numbers and present balances?
Where do you currently live?
If you do not own, who are you renting the property from (name, contract information)?
What is the rent per month?
How is that rent being paid? Is it paid by check? Is your rent/mortgage up to date?
Do you have a vehicle (ie how did you get to court today)? If yes, make/model/year.
Do you own it? Is it financed? By whom? How much is owed?
Do you have a life insurance policy? Is it a whole life policy?
Do you have any other judgements against you, ie do you owe anyone else money?
Are you owed any money?
Do you have any boarders or subtenants? If so, what are their names and how much do they pay you each month?
Do you own any recreational vehicles?
Do you have any credit cards? Can you get a cash advance on any of those cards?
Do you have any property, personal effects, cash, or other assets that you've not yet mentioned? If so, please explain.
Do you understand that as long as the judgment remains unpaid, it accrues interest?
What was your stated income on your tax form for this year?
What was your stated income for the previous year?
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

Do you have an account with any financial institution? If so,
what's the name of the bank branch, and what are the account numbers and present balances? ...
It sounds as if you might have been through this before, Paul. Clever. :)

With luck, however, the account information was already honestly disclosed by the debtors today. See the questions quoted above that ploppsdman planned to ask.
 

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