Doctors Oxygen Service, Inc. v. Cannon Management Group, LLC

Illinois Appellate Court
Civil Court
Citation to Discover Assets
Citation
Case Number: 
2017 IL App (2d) 170003
Decision Date: 
Monday, December 18, 2017
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed.
Justice: 
McLAREN

Plaintiff obtained default judgment against Defendant in federal district court, then registered default judgment in circuit court and filed citation to discover assets and motion for turnover. Whether Defendant had a right to the funds was a question of law and not subject to substantive consideration as an admission. Equitable subrogation does not apply, as Intervenor (construction company) can enforce only those rights that Defendant could enforce, but Defendant had no rights to enforce, as Plaintiff had a perfected judgment against Defendant. Court properly granted Plaintiff’s motion for turnover and properly denied Intervenor’s motion for turnover, as Intervenor had not obtained money judgment against Defendant. (SCHOSTOK and BURKE, concurring.)