Action arising from attempts to collect judgments entered in two separate civil court actions against the recording artist known as R. Kelly. The question before the appellate court was whether a judgment creditor may perfect service of a citation to discover assets by electronic mail on a third party prior to that third party’s appearance in the matter in order to secure a superior lien over another judgment creditor who later perfected service on the same third-party by U.S. mail. The appellate court found that Illinois law does not provide for service by electronic mail in this circumstance and, as a result, a judgment creditor does not perfect their lien by sending a citation to discover assets by email. Appellate court reversed and vacated order entered by the trial court granting priority to a judgment creditor who claimed service by e-mail and remanded with directions. (LAMPKIN and ROCHFORD, concurring)
Illinois Appellate Court
Civil Court
Service