How can a debtor stall or even stop the turnover of funds process?

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How can a debtor stall or even stop the turnover of funds process?

I have a judgement against a business owner and he’s refused to pay me. I did a citation to discover assets at his bank and found plenty (more than double) of funds available to pay me. When I face him in court, what do I need to be aware of that he might argue? How can I prepare myself for his arguments since I have little to no knowledge of his personal matters that he can claim as exemptions?

Asked on September 3, 2011 under Bankruptcy Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately you are experiencing the hard part of litigation, collection upon the judgment. If you have not had an abstract of judgment issued yet regarding the judgment that you have, you need to have the court clerk issue it and record it with the county recorder's office. By doing such, you will have a lien upon any real property owned by the judgment debtor.

If the judgment is against the business owner who has a retail shop, you could have a "keeper" placed at the till (usually a deputy sheriff) who takes all money paid by customers for the judgment owed.

Another option is to levy upon the judgment debtort's bank accounts that you are aware of.

As to dealing with arguments at court by the judgment debtor, he has the burden to prove that any assets you want to levy upon are exempt from levy.

If you are having an order of examination to discover the assets of the judgment debtor, have a list of questions prepared to ask regarding bank accounts, their location, stock brokerage accounts, real property, and the like asking specifics as to their whereabouts.

You can obtain sample questions on an online search for "orders of examination, judgment debtors" to hopefully assist you.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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