Three kinds of Citations to Discover Assets

When someone gets a court judgment, they use Citations to Discover Assets to find out where the debtor has money or property to collect on the judgment. Illinois has three different kinds of Citations:

• Citation to Discover Assets to Debtor: This is used to find out if the debtor has money or property that can be taken.
• Citation to Discover Assets to Debtor's Employer: This is used to find out if the debtor has wages that can be taken (garnished).
• Citation to Discover Assets to Debtor's Bank: This is used to find out if the debtor has money in a bank account that can be taken (garnished)

💡 Important: The law automatically protects at least 85% of your wages from garnishment. You have the right to protect other property, including $4,000 in your bank account, but you have to file court papers. $1,000 of your money in a bank account is automatically protected from being frozen until the hearing date if your judgment is from 2020 or after.

Citation to Discover Assets to Debtor 

If you’ve been sued and lost the case, the court may have entered a judgment saying you owe money. If you don’t pay the judgment right away, the other side (the debt collector) can ask the court to help them find out what money or property you have that could be used to pay the debt. One way they do this is by using a Citation to Discover Assets to Debtor.

When you may receive a Citation to Discover Assets to Debtor

You get this citation when the person or company that sued you wants to know more about your income, bank accounts, or property. 

The citation is a court order that says you must go to court and answer questions about your finances. You may also be asked to bring documents, like bank statements or pay stubs.

⚠️ You are required to attend this court hearing. If you miss the hearing, the court may think you are not cooperating and they could schedule a show cause hearing for you to explain why you missed court. If you continue not to cooperate, the court could issue a warrant for your arrest.

What to do when you get a Citation to Discover Assets to Debtor

Fill out the Income and Property Statement form before court

The Citation may come with an Income and Property Statement form. Fill it out before your court date. Be honest when you complete it. Lying on the form is a serious matter and could lead to legal trouble.

Bring the complete Income and Property Statement with you to court. This will help you answer questions at the hearing.

Go to your court hearing

The Citation tells you your court date, time, and location. Your hearing will likely be a remote hearing that you can attend using your computer, tablet, or phone. If you have questions about how to participate in your court hearing, call the clerk of the court. Their phone number is listed on the Citation.

Answer questions about your finances

At the hearing, you’ll speak with the creditor's lawyer and answer questions under oath. This doesn’t mean you’re in trouble. It just helps the creditor understand if you can pay and how. If the court finds that you have money or property that isn’t protected by law, they may allow the creditor to take steps to collect on the judgment, like taking money from your bank account or paycheck.

Protect your money and property

At the hearing, you will have the chance to tell the court about property you want to protect from collections. You can protect:

• Up to $4,000 in your bank account using a wildcard exemption,
• Social security, SSI benefits, and disability,
• Pension and retirement benefits and refunds,
• Public assistance benefits,
• Child support,
• Unemployment compensation benefits,
• Workers' compensation benefits,
• Veterans' benefits, and
• Other property as explained in this article,

The Citation lists all the protections (exemptions) you can claim. Mark which protections apply to you ahead of time and bring the list with you to court.