Door Properties, LLC v. Nahlawi

Illinois Appellate Court
Civil Court
Citation to Discover Assets
Citation
Case Number: 
2020 IL App (1st) 173163
Decision Date: 
Wednesday, December 23, 2020
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Vacated and remanded.
Justice: 
ELLIS

Judgment creditor sought to collect $750,000 judgment against judgment debtor by initiating supplemental proceedings under section 1-1402 of Code of Civil Procedure, and served citation to discover assets on respondent. Court erred in entering judgment for judgment creditor without conducting evidentiary hearing, as questions of fact exist as to whether respondent possessed property belonging to judgment debtor, or whether funds paid was a "gift" from respondent. Section 2-1402 does not prohibit judgment debtor's family or friends from acts of gratuitous generosity. (HOWSE and BURKE, concurring.)