Post-Judgment Proceedings

All supplementary proceedings to enforce money judgments shall be filed under the original case number and shall be heard by the Judge then presiding in the Small Claims Court, unless otherwise designated by order of the Chief Judge. All supplementary proceedings shall be in such form and in accordance with Supreme Court Rule 277 and Section 5/2-1402 of the Code of Civil Procedure. Approved forms of supplementary proceedings shall be provided by the Clerk of the Court.

Notices of hearings on Citations to Discover Assets, Rules to Show Cause and any other hearing where a body attachment or warrant of arrest may issue for a party’s failure to appear after receipt of notice shall, in addition to the time, date and place of hearing, include the following words in bold type: “YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN YOUR ARREST.

Upon the failure of a respondent to comply with a duly entered order of the Court or failure to appear in response to a Citation to Discover Assets and upon the filing of a verified petition or after hearing sworn testimony on an unverified petition, due notice having been given to the respondent, the Court may issue a Rule, which includes the date, time and location for hearing. The Rule to Show Cause shall be served personally upon the respondent as provided by 735 ILCS 5/2-203, except as provided in Local Court Rules Rule 6.05.

If the Respondent appears pursuant to notice on the petition and the court issues a Rule, the Court may direct that the Respondent then and there be served with the Rule to Show Cause. If not then heard, the Court shall schedule a date, time and place for hearing, further advising the respondent that failure to appear for such hearing may result in the issuance of a body attachment for the Respondent’s arrest.

Upon the failure of the Respondent to appear pursuant to the personal service of a Rule to Show Cause in accordance herewith, the Court in its discretion may order the Clerk of the Court to issue an order of attachment (body order) with or without bond to have the defendant brought before the Judge issuing the order to show cause why he should not be held in civil contempt of Court. Unless waived by the Court for good cause shown, no body attachment shall issue until the Clerk of the Court is provided with a completed warrant application.

Service of a Rule or order upon a person not a party to the action shall be made by personal service or by certified mail with return receipt requested and delivery to addressee only. No body attachment issued pursuant to this rule against a person not a party to the action shall issue unless that person has been personally served. 

Supplementary Forms