Money & Debt

The first step is to fill out a citation to the debtor. Our Citation to discover assets to debtor Easy Form program can help.

Creditors who know where the debtor works or banks can skip ahead to the Collect a judgment from debtor’s bank or employer Easy Form program.

Before filling out the standard form, check with the court clerk’s office where the citation will be filed to find out if there are local forms that must be used instead. The following information will be necessary to complete the form:

• The debtor's name and address,
• The case number A number assigned to a case that is on every paper filed in the case of the judgment entered against the debtor,
• The court date and time, along with the courtroom number and building address, and
• The amount of the judgment owed and the amount that remains unpaid.

After filling out the citation, it must be filed with the appropriate circuit clerk. Electronic filing (“e-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. ”) is required in most circumstances. A court date may be provided online during e-filing. If no court date is provided, call the court clerk’s office to get the date, time, and courtroom number for the hearing When the parties in a case present their sides of a case to a judge or other officer .

A sheriff or private process server Someone other than a sheriff who serves a summons must serve Giving court documents to someone the citation form on the debtor A person who owes money to someone else :

• For a sheriff, provide the citation and a Letter to the Sheriff, or
• Find a private process server, who can be a professional or anyone 18 or older and not party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. to the case, to hand the debtor the documents.

The creditor Someone who is owed money must be sure the sheriff’s return or private affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. is filed before the court date. This confirms the debtor was given a copy of the court paperwork before the hearing When the parties in a case present their sides of a case to a judge or other officer . If this isn’t on file, the process may have to start over.

The creditor Someone who is owed money or their attorney must attend the court hearing When the parties in a case present their sides of a case to a judge or other officer listed on the citation. A self-represented creditor should bring:

• A copy of the citation,
• A copy of the written judgment An official decision by a court that ends the dispute between parties that the citation is based on,
• Receipts showing all court costs The fees for going to court, including filing, serving, and getting transcripts , including service of process, and
• A copy of the filed return or affidavit of service A written statement signed under oath. It describes where, when, and how a person received court documents. showing the citation was served.

If the debtor A person who owes money to someone else attends, the judge may instruct the creditor and debtor to meet briefly during the hearing. The creditor is expected to ask the debtor questions about the debtor’s income and property and, if appropriate, determine if the debtor will consider a repayment plan. The parties can present an agreed repayment plan to the judge for approval.

When the parties don’t agree to a repayment plan, the creditor can tell the judge about the debtor’s assets Anything a person owns that has financial value and request to receive the assets that aren’t collection-proof. The debtor can tell the judge about income or property that might be exempt. Some judges will ask the debtor to fill out a form explaining their financial situation.

Note: If the debtor was served with the paperwork and didn’t attend the hearing, the creditor can ask the judge for a Rule to Show Cause A petition used when one party believes the other party has violated a court order or judgment . 

If the debtor has money or property, the judge might order the debtor to give it to the creditor Someone who is owed money . This is called a turnover order.

The creditor might also need to file paperwork to collect directly from the debtor’s wages The amount of money that a person is paid for work they do or bank account. To do this, creditors can use our Collect a judgment from debtor’s bank or employer Easy Form program to fill out the forms.

Some judges will fill out and sign an order themselves. Other judges will tell the creditor to fill out the order or may ask a lawyer Someone who represents clients in courts or who gives legal advice in the courtroom on another case to help by filling out an order. A lawyer doesn’t become an attorney for either party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. in the case by writing down the judge’s order.

After the judge signs a paper order, the clerk stamps it. Many paper order forms are in triplicate, meaning an original with two copies. The original form is for the court record, and each party gets a copy. The creditor may be required to take the original to the circuit clerk The office that takes care of files and documents for circuit court cases 's office for filing.

Both parties should keep stamped copies of any order entered in the case for their own records. The circuit clerk's office may be able to provide another copy of the order, but it might not be available as quickly as needed. If the debtor leaves without their copy or doesn't attend the hearing When the parties in a case present their sides of a case to a judge or other officer , the creditor must send them a copy right away so they are aware of what happened in court. 

Note: Citations can only be used against a debtor or third party once unless the judge gives permission. Once the respondent A person who has a petition filed against them appears, the citation will last for six months unless extended by the court. Learn more by reading Illinois Supreme Court Rule 277.