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- ilcd;;4:16-cv-04025_de171 RegisterActionDate "2019-10-08" @default.
- ilcd;;4:16-cv-04025_de171 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge Sara Darrow on October 8, 2019. Plaintiff filed 134 Status of Service of Citation to Discover Assets indicating that she has served Defendant Jones by email and international mail. Under federal rules, the procedure to enforce a money judgment must accord with the procedure of the state where the court is located. See Fed. R. Civ. P. 69(a)(1). Thus, Illinois law applies. Textile Banking Co. v. Rentschler, 657 F.2d 844, 850 (7th Cir. 1981) (holding that because "there is no federal statute prescribing methods for discovering the hidden assets of a judgment debtor... Illinois [supplies the] statutory citation procedure"); Shales v. T. Manning Concrete, Inc., 847 F. Supp. 2d 1102, 1111-12 (N.D. Ill. 2012) (describing the citation to discover assets process). "Any citation served upon a judgment debtor who is a natural person shall be served by personal service or abode service as provided in Supreme Court Rule 105." 735 ILCS 5/2-1402(b-1). Illinois Supreme Court Rule 105(b) permits service "[b]y any method provided by law for service of summons," "prepaid certified or registered mail addressed to the party, return receipt requested, showing to whom delivered and the date and address of delivery," or by publication. A summons may be served "upon an individual defendant... (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendants usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons." 735 ILCS 5/2-203(a). Here, Plaintiff has attempted service by email, which is not permitted by Illinois law. See id. Plaintiff has also attempted service via international mail, 134 Status 1, but does not indicate it was sent "certified or registered mail... return receipt requested" or provide a return receipt. Ill. Sup. Ct. R. 105(b)(2). Plaintiff has not alleged that she properly provided Defendant Jones notice of the October 9, 2019 citation hearing. Therefore, it is VACATED. Plaintiff may request the Clerk to issue a second citation to discover assets which, if obtained, must be served on Defendant in a manner provided for service of citations under Illinois law.(GS, ilcd) (Entered: 10/08/2019)" @default.
- ilcd;;4:16-cv-04025_de171 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04025_de171 OntologyLabel order @default.
- ilcd;;4:16-cv-04025_de171 hasReferenceToOtherEntry ilcd;;4:16-cv-04025_de170 @default.