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”
In Illinois, a corporation is a legal entity that exists separate and apart from its shareholders, officers and directors. In fact, a major purpose of incorporating is to insulate yourself from personal liability. This liability-reducing function of corporations does have its limits though. If someone is abusing the corporate form, a court can disregard the …
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”