Shipley v. Hoke

Plaintiff's failure to serve Defendant law firm with a separate citation to discover assets precluded trial court from exercising personal jurisdiction over it in supplementary proceedings against defendant, a defunct manufacturer of asbestos fibers. The restraining provision of a citation to discover assets is binding only upon party cited. A judgment creditor's right to relief under Section 2-1402(f)(1) of Code of Civil Procedure expires with termination of supplementary proceedings. Termination provisions of Supreme Court Rule 277(f) provides incentives for judgment creditor to discover and reach all available property to satisfy judgment during limited time allotted. Plaintiff's failure to request extension of supplementary proceedings beyond default six-month time limit doomed his right to invoke Section 2-1402(f)(1) after termination of proceedings. (HARRIS and HOLDER WHITE, concurring.)