Rockford Financial Systems, Inc. v. Borgetti 

Illinois Appellate Court
Civil Court
Collections
Citation
Case Number: 
No. 2-08-1236
Decision Date: 
Wednesday, July 21, 2010
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Affirmed.
Justice: 
McLAREN
Financial company filed suit for breach of promissory note, and judgment was entered for $44,210. Company then pursued supplementary proceedings, and served third-party citation upon bank. Court entered conditional judgment and then confirmed judgment against bank for $44,210, but without evidence other than Defendant's testimony that he had checking account at that bank. Court properly vacated the confirmed judgment upon affidavit of bank that Defendant had only $519 in his checking account at time of citation return date. Affidavit gave court a basis in the record to compel bank to deliver assets of $519, to be applied in satisfaction of judgment, in amended judgment; statute limits court to compelling turnover of "any assets so discovered", and does not grant authority to compel turnover of more than the party holds. (HUTCHINSON, concurring; JORGENSEN, specially concurring.)