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Small Claims Citation to Discover

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stacylynn24

Junior Member
What is the name of your state (only U.S. law)? Illinois
We won a judgment against our general contractor for incomplete work by a subcontractor. We sent the citation to discover assets notice to the contractor, he appeared in court, advised he understood the judgment and would have us paid within 30 days. After the 30 days passed, we did not have payment and scheduled a new meeting with the judge. The contractor did not appear. We filed a motion of contempt and requested he be arrested. (The contempt and arrest were initiated by the judge asking if we wanted to go that route.) The contractors attorney was advised of this and put in a motion to dismiss the contempt/arrest warrant. The attorney is also stating we should be responsible for all costs incurred by the defendant to appear at the citation to discover assets meeting.

Questions:

1. Since this is a supplemental proceeding, my understanding is that I did not need to advise the attorney as we cannot assume the attorney will be kept on after losing the judgment. The entire motion seems to be based upon the fact the attorney was not notified by us of the citation to discover assets.

2. Since the contractor appeared in court and stated he could pay, shouldn't we be able to hold him in contempt because he didn't pay?

3. Last, how do I get rid of the defendant's motion to have me pay if the citation to discover shows the contactor has no assets? We have leins on two of the properties.....he was required to have insurance at the time the house was built which he could submit this claim to......he can subrogate against the subcontractor.

I am not as concerned about the contempt/arrest warrant being thrown out but am extremely concerned that I will have to pay the attorney fees and contractors time and travel expenses if he shows he has no assets.
 



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