R&J Construction Supply Company, Inc. v. Adamusik

Illinois Appellate Court
Civil Court
Citation to Discover Assets
Citation
Case Number: 
2016 IL App (1st) 160778
Decision Date: 
Thursday, January 5, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed.
Justice: 
BURKE

(Court opinion corrected 1/9/17.) Plaintiff obtained default judgment against masonry company in 2008, and court revived judgment, at Plaintiff's request, just under 7 years later.Court entered conditional judgment against Respondent to third-party citation to discover assets, which failed to answer or appear within time to respond. Court properly vacated conditional and final judgments, as citation was defective on its face, and Respondent filed Section 2-14-1 petition to vacate judgment within 30 days of service of citation. Respondent had no relationship with debtor and held no assets of debtor. (ELLIS and McBRIDE, concurring.)