Post Judgment and Miscellaneous Remedies

Post Judgment and Miscellaneous Remedies Section
Honorable Daniel J. Kubasiak
Circuit Court of Cook County
Richard J. Daley Center
50 W. Washington Street, Suite 1401
Chicago, Illinois 60602
(312) 603-4371, 4372  

The Post Judgment and Miscellaneous Remedies Section of the Circuit Court of Cook County is a section within the First Municipal District.  Judges in this section preside over post-judgment and supplementary proceedings.  In addition, they hear original actions such as replevin, detinue, confession of judgment, and revival. 

Post judgment proceedings include: enforcement of a judgment, supplementary proceedings, non-wage garnishment and wage deduction proceedings. A supplementary proceeding is a vehicle to discover and/or examine a judgment debtor’s assets, or to prohibit judgment debtors from transferring assets.  

Courtroom Rules Regarding Citation Proceedings

  1. Attorneys must appear promptly at 9:30 a.m. and commence their citation examinations. Failure to conclude a citation examination by 11 a.m. may result in dismissal of the citation. No judgment debtor appearing after 10 a.m. shall be heard by the court unless the judgment creditor or judgment creditor’s attorney is still present in court.
  2. Citations may be set for 9 a.m. with leave of court. Counsel may seek such leave by petitioning the court for an order allowing the 9 a.m. return time, but only on those days when the CARLPLS Pro Se Help Desk staff is present to assist pro se litigants (currently Monday through Friday).
  3. If the plaintiff is a corporation, then citation examinations must be conducted by an attorney.
  4. Citation examinations shall be conducted “before the court” pursuant to Illinois Supreme Court Rule 277(e), except that where both creditor and debtor agree, the examination may be conducted in the conference room or hallway.
  5. Motions to continue citation proceedings where the defendant has appeared must be supported by good cause. 735 ILCS 5/201402(a).  In the order, the reason for a continuance must be stated with specificity.
  6. Motions requesting leave to initiate a second citation to a party where there has been a prior supplementary proceeding against that party shall be supported by an affidavit stating particularized facts sufficient to meet the requirements of Illinois Supreme Court Rule 277(a).
  7. If either the citation or rule has been served by substitute service or abode service, the attached Sheriff’s return or special process server’s affidavit must show that there has been strict compliance with every requirement of the statute authorizing substitute service. State Bank of Lake Zurich v. Thill, 131 Ill. 2d 194, N.E. 2d 1156 (1986).

Motions of Course and Contested Motions

Parties with contested motions must present a Contest Motion Briefing Schedule. Please refer to “Court Forms” section for a copy of this document. The following motions may be asserted as a motion of course provided they strictly comply with pertinent statutes, court rules, and orders, including General Order 2006-05(M):

  • Appointment of special process server (735 ILCS 5/2-202),
  • Rules to Show Cause,
  • Body Attachments where an individual bond is sought. The proposed writ should have “1,000” inserted in the blank after “Individual Bond” (any request for a deposit bond must be filed on the regular call),
  • Judgment on the answer of the third party or turnover orders,
  • Vacating Installment Agreements,
  • Voluntary Dismissals,
  • Satisfaction and Release of Judgment,
  • Conditional Judgment,
  • Final Judgment,
  • Memorandum of Judgment, and
  • Revival of Judgment.  

General Orders

  • General Order 2008-02(M) – Supplementary Proceedings and Miscellaneous Remedies Call

Court Forms

For People Without Lawyers
CARPLS Self-Help Collection Desk

50 West Washington Street
Room 1401
Richard J. Daley Center
Chicago, Illinois 60602
Hours: Monday through Friday, 9:30 a.m.–12 noon

The CARPLS Self-Help Collection Desk provides legal assistance to low-income defendants in post-judgment proceedings. The desk is staffed by CARPLS staff attorneys, law clerks and volunteer attorneys. Attorneys do not represent individuals in court. Rather, they provide information to the following individuals or in the following instances:

  1. The person is a defendant in a lawsuit brought by a creditor to collect a debt; 
  2. A court has entered a judgment against the defendant; 
  3. The defendant is not represented by an attorney (pro se); or
  4. The defendant must appear in court in response to a proceeding brought by the creditor to determine whether the defendant has income or property available to pay the amount of the judgment.  
Copyright 2014 by Circuit Court of Cook County