Last updated: 4/13/2015
Citation Notice
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Description
IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT KANE COUNTY, ILLINOIS Case No. Plaintiff(s) Pltf. Atty. CITATION ISSUED TO: Name: Address: City, State and Zip: Defendant(s) Deft. Atty. File Stamp CITATION NOTICE Judgment Debtor's Last Known Address: Name: Address: City, State, Zip: Phone: Judgment in the Amount of Judgment Creditor's Last Known Address: Name: Address: City, State, Zip: Phone: Court Date: at m. in Room of the Kane County Courthouse, 100 S. Third St. Geneva, IL Kane County Judicial Center, 37W777 Rt.38, St. Charles, IL. NOTICE: The Court issued a citation against the person named above. The citation directs that person to appear in Court to be examined for the purpose of allowing the Judgment Creditor to discover income and assets belonging to the Judgment Debtor or in which the Judgment Debtor has interest. The citation was issued on the basis of a judgment against the Judgment Debtor in the amount stated above. On or after the court date shown above, the Court may compel the application of any discovered income or assets toward payment on the judgment. The amount of income or assets that may be applied toward the judgment is limited by Federal and Illinois law. THE JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE: 1. Under Illinois or Federal law, the exemptions of personal property owned by the debtor include the debtor's equity interest, not to exceed $4, 000 in value, in any personal property as chosen by the debtor; Social Security and SSI benefits; Unemployment benefits; Public assistance benefits; Worker's compensation benefits; Veteran's benefits; Circuit breaker property tax relief benefits; The debtor's equity interest, not to exceed $2, 400 in value, in any one motor vehicle; and the debtor's equity interest, not to exceed $1, 500 in value, in any implements, professional books, or tools of trade of the debtor. 2. Under Illinois law, every person is entitled to an estate in homestead, when it is owned and occupied as a residence, to the extent in value of $15, 000, which is homestead exempt from judgment. 3. Under Illinois law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 15% of gross weekly wages of (ii) the amount by which disposable earnings for a week exceed the total of 45 times the Federal minimum hourly wage, or under a wage deduction summons served on or after January 1, 2006, the Illinois minimum hourly wage, whichever is greater. 4. Under Federal law, the amount of wages that may be applied toward a judgment is limited to the lesser of (i) 25% of disposable earnings for a week or (ii) the amount by which disposable earnings for a week exceed 30 times the Federal minumum hourly wage. 5. Pension and retirement benefits and refunds may be claimed as exempt under Illinois law. The Judgment Debtor may have other possible exemptions under the law. THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The Judgment Debtor also has the right to seek a declaration at an earlier date, by notifying the Clerk in writing at the Office of the Clerk of the Circuit Court, P.O. Box 112, Geneva, IL 60134. When so notified, the Clerk of the Circuit Court will provide a hearing date and the necessary forms that must be prepared by the Judgment Debtor or the Judgment Debtor's Attorney and sent to the Judgment Creditor regarding the time and location of the hearing. This Notice may be sent by regular first class mail. Signature of Attorney for Judgment Creditor or Judgment Creditor CITENOT (10/13) American LegalNet, Inc. www.FormsWorkFlow.com