Tuesday, August 14, 2012

Gov. Quinn Signs New Citation to Discover Asset's Law

On July 25, 2012, Governor Pat Quinn signed a new law dealing with Citations to Discover Asset's Proceedings, which effect debtors or Defendants. A Citation to Discover Asset's Proceeding is a post-judgment proceeding after a Debtor or Defendant has obtained a judgment. There are a couple of major provisions, which apply to this new law. Our law firm will write a more thorough review of this new law within the next 7 days. The old law allowed a Judge to find a Debtor or Defendant in contempt of court after they failed to show up for court for a "Rule to Show Cause". A Rule to Show Cause is a court proceeding in Illinois where a Debtor or Defendant must show up to court and submit the appropriate documents and/or appear personally at the court proceeding. Generally, the old law would hold a Defendant in contempt of court if they failed to appear in court for the "Rule to Show Cause" court proceeding. The court also would find the Debtor or Defendant in Contempt of Court and set the bond amount according to the Defendant's judgment amount with the creditor. This made sure the creditor got paid because a Defendant could not get out of jail and contempt of court until their judgment was paid off. The new law restricts the bond amount for violation of contempt of court to be limited to $1,000. Furthermore, this bond payment does not necessarily go to the creditor to satisfy their judgment. The new law also requires a creditor to personally serve a creditor through personal service. Personal service means that a creditor must hire a sheriff or process server to serve the Defendant or Debtor. Thus, we recently had a case where the service of process was through an email account. Under the new law, this service of process would no longer be sufficient. Robertson Law Group, LLC is a business boutique law firm concentrating in asset protection, Citations to Discover Assets, and civil and business litigation in the counties of Cook, Dupage, Will, Kane, and Kendall County. We are comprised of five (5) different attorneys with various areas of expertise. Robertson Law Group, LLC may be reached at 312-854-7102 or 630-800-2033 (Western Suburbs-North Aurora and Naperville). Our website is www.RobertsonLawGroup.com. Keywords: Public Act 97-0848; Governor Pat Quinn Citation to Discover, "Income and Asset Form" Citation to Discover Assets, Cook County new law Citation to Discover Assets, Dupage County new law Citation to Discover Assets, Rule to Show Cause Citation to Discover Assets, Cook County Rule to Show Cause, Dupage County Rule to Show Cause, Will County Rule to Show Cause, Kane County Rule to Show Cause, Kane County Citation to Discover, Robertson Law Group, LLC Asset Protection, Citation to Discover Assets Lawyers, Citation to Discover Assets Law Firm, Citation to Discover Assets Attorney, Citation to Discover Assets Daley Center

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