Illinois Debtor Examination: What to Ask and How the Hearing Works
A debtor examination is the hearing that follows a Citation to Discover Assets. The debtor appears in court, takes an oath, and answers your questions about what they own and earn. It is the most direct way to find out what enforcement tools will actually work.
What You Can Ask
Under 735 ILCS 5/2-1402, your questions can cover any non-exempt property, income, or assets the debtor holds. Practical topics include:
- Employment — current employer, job title, pay frequency, gross and net earnings
- Bank accounts — name and branch of every institution where they hold an account, account types, and approximate balances
- Real estate — any property they own in Illinois or elsewhere, mortgage balances, whether it is their primary residence
- Vehicles — make, model, year, estimated value, and any outstanding loans
- Other income — rental income, side work, pensions, structured settlements, investment accounts
- Recent transfers — any property sold, given away, or moved into someone else's name in the past year
The debtor also fills out the standardized Income and Asset Form provided by the court, which covers the same ground in writing.
How the Hearing Runs
The judge or court reporter places the debtor under oath. You ask questions directly — there is no jury and the format is more conversational than a trial. In Cook County, some citation hearings are conducted remotely; check your hearing notice for the appearance format and instructions.
An individual judgment creditor can conduct the examination without a lawyer. A business or other entity must appear through licensed counsel under Illinois Supreme Court Rule 282. The examination asks factual questions to locate assets.
Keep your questions focused on identifying property you can reach through enforcement. Questions designed to embarrass, harass, or coerce payment outside the legal process are prohibited.
What to Do With the Answers
The examination is reconnaissance. Depending on what you learn:
- Debtor has a steady job: File a Wage Deduction Summons with their employer
- Debtor has money in a bank: File a Third-Party Citation on the bank to freeze the account
- Debtor owns real estate: Record a Memorandum of Judgment with the County Recorder to place a lien
- Debtor has non-exempt personal property: Request a writ of execution for the Sheriff to levy and sell
- Debtor appears truly judgment-proof: Document it and revisit in six months to a year — circumstances change
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If the Debtor Lies
Knowingly making a materially false statement under oath in a citation examination can constitute perjury. More practically, if you later discover assets the debtor denied having, you can file a new citation, seek a contempt finding, and use the prior false answers as evidence of willful concealment.
If the debtor transferred property to avoid payment, Illinois courts have authority to void fraudulent transfers and issue turnover orders for the value of the transferred assets.
Preparing Your Questions
Write your questions in advance. Start broad — employment, banks, property — then narrow down based on the answers. If the debtor names an employer, ask for the address, payroll schedule, and HR contact. If they name a bank, ask for account numbers and estimated balances.
The Illinois judgment collection guide includes a debtor examination question checklist organized by asset category, so you do not miss anything at the hearing.
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