Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Per my earlier post – neophyte collection lawyers often wonder what they should put in the order once the citation examination concludes. Section 2-1402(c) sets forth several possible orders that can enter. The Citation Respondent Appeared and Answered Broadly, if the debtor appears and you conduct the examination, you can either dismiss or discharge the …
Continue reading “Collecting Your Illinois Judgment Part II: the Citation Order”
Blood From A Turnip (www.flickr.com)(visited 3.9.16) 735 ILCS 5/2-1402 and Supreme Court Rule 277 govern post-judgment or supplementary proceedings in Illinois. 735 ILCS 5/12-101 through 12-183 provide additional post-judgment specifics like the mechanics of levying on a debtor’s property, the seven-year period to enforce a judgment (12-108), the lien on debtor’s real estate and personal …
Continue reading “Collecting Your Cook County (IL) Judgment: A Primer”
As someone who does some collection work, I experience first-hand how difficult it is to collect on judgments – especially from small corporate debtors. A 2011 Second District case illustrates in stark relief just how challenging and frustrating enforcing a judgment can be. In Conserv v. Von Bergen Trucking, 2011 IL App (2d) 101225U (2011), the Court …
Continue reading “Like Pulling Teeth: The Struggles of Collecting Judgments from Corporate Debtors”