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IL · rules

Ill. S. Ct. R. 277

Supplementary Proceedings

activein force · 2021-10-01 – presentact-effective-date

(a) When Proceeding May be Commenced and Against Whom; Subsequent Proceeding

Against Same Party. A supplementary proceeding authorized by section 2-1402 of the Code of

Civil Procedure may be commenced at any time with respect to a judgment which is subject to

enforcement. The proceeding may be against the judgment debtor or any third party the judgment

creditor believes has property of or is indebted to the judgment debtor. If there has been a prior

supplementary proceeding with respect to the same judgment against the party, whether he is the

judgment debtor or a third party, no further proceeding shall be commenced against him except by

leave of court. The leave may be granted upon ex parte motion of the judgment creditor, but only

upon a finding of the court, based upon affidavit of the judgment creditor or some other person,

having personal knowledge of the facts, (1) that there is reason to believe the party against whom

the proceeding is sought to be commenced has property or income the creditor is entitled to reach,

or, if a third party, is indebted to the judgment debtor, (2) that the existence of the property, income

or indebtedness was not known to the judgment creditor during the pendency of any prior

supplementary proceeding, and (3) that the additional supplementary proceeding is sought in good

faith to discover assets and not to harass the judgment debtor or third party.

(b) How Commenced. The supplementary proceeding shall be commenced by the service of

a citation on the party against whom it is brought. The clerk shall issue a citation upon oral request.

In cases in which an order of court is prerequisite to the commencement of the proceeding, a copy

of the order shall be served with the citation.

(c) Citation—Form, Contents, and Service. The citation by which a supplementary

proceeding is commenced:

(1) shall be captioned in the cause in which the judgment was entered;

(2) shall state the date the judgment was entered or revived, and the amount thereof

remaining unsatisfied;

(3) shall require the party to whom it is directed, or if directed to a corporation or

partnership, a designated officer or partner thereof, to appear for examination at a time (not

less than 5 days from the date of service of the citation) and place to be specified therein,

stating whether the party shall appear in person or remotely, including by telephone or vide o

conference, concerning the property or income of or indebtedness due the judgment debtor;

and

(4) may require, upon reasonable specification thereof, the production at the examination

of any books, documents, or records in his or its possession or contr ol which have or may

contain information concerning the property or income of the debtor.

The citation shall be served and returned in the manner provided by rule for service, otherwise

than by publication, of a notice of additional relief upon a party in default.

(d) When Proceeding May Be Commenced. A supplementary proceeding against the

judgment debtor may be commenced in the court in which the judgment was entered. A

supplementary proceeding against a third party must, and against the judgment debtor may, be

commenced in a county of this State in w hich the party against whom it is brought resides, or, if

an individual, is employed or transacts business in person, upon the filing of a transcript of the

judgment in the court in that county. If the party to be cited neither resides nor is employed nor

transacts his business in person in this State, the proceeding may be commenced in any county in

the State, upon the filing of a transcript of the judgment in the court in the county in which the

proceeding is to be commenced.

(e) Hearing. The examination of the judgment debtor, third party or other witnesses shall be

before the court, in person, or remotely, including by telephone or video conference, or, if the court

so orders, before an officer authorized to administer oaths designated by the court, unl ess the

judgment creditor elects, by so indicating in the citation or subpoena served or by requesting the

court to so order, to conduct all or a part of the hearing by deposition as provided by the rules of

this court for discovery depositions. The court at any time may terminate the deposition or order

that proceedings be conducted before the court or officer designated by the court, and otherwise

control and direct the proceeding to the end that the rights and interests of all parties and persons

involved may be protected and harassment avoided. Any interested party may subpoena witnesses

and adduce evidence as upon the trial of any civil action in person or remotely, including telephone

or video conference. Upon the request of either party or the direction of the court, the officer before

whom the proceeding is conducted shall certify to the court any evidence taken or other

proceedings had before him.

(f) When Proceeding Terminated. A proceeding under this rule continues until terminated

by motion of the judgment creditor, order of the court, or satisfaction of the judgment, but

terminates automatically 6 months from the date of (1) the respondent’s first personal appearance

pursuant to the citation or (2) the respondent’s first personal appearanc e pursuant to subsequent

process issued to enforce the citation, whichever is sooner. The court may, however, grant

extensions beyond the 6 months, as justice may require. Orders for the payment of money continue

in effect notwithstanding the termination o f the proceedings until the judgment is satisfied or the

court orders otherwise.

(g) Concurrent and Consecutive Proceedings. Supplementary proceedings against the

debtor and third parties may be conducted concurrently or consecutively. The termination of one

proceeding does not affect other pending proceedings not concluded.

(h) Sanctions. Any person who fails to obey a citation, subpoena, or order or other direction

of the court issued pursuant to any provision of this rule may be punished for contempt. Any person

who refuses to obey any order to deliver up or convey or assign any personal property or in an

appropriate case its proceeds or value or title to lands, or choses in action, or evidences of debt

may be committed until he has complied with the order or is discharged by due course of law. The

court may also enforce its order against the real and personal property of that person.

(i) Costs. The court may tax as costs a sum for witness’, stenographer’s, and officer’s fees,

telephone and video conference service fees, and the fees and outlays of the sheriff, and direct the

payment thereof out of any money which may come into the hands of the sheriff or the judgment

creditor as a result of the proceeding. If no property applicable to the payment of the judgment is

discovered in the course of the proceeding, the court may tax as costs a sum for witness’,

stenographer’s, and officer’s fees and telephone and video conference service fees incurred by any

person subpoenaed, to be paid to him by the person who subpoenaed him, and unless paid within

the time fixed, enforcement may be had in the manner provided by law for the collection of a

judgment for the payment of money.

History

Amended October 1, 1976, effective November 15, 1976; amended September 29, 1978, effe ctive November 1, 1978; amended May 28, 1982, effective July 1, 1982; amended Jan. 4, 2013, eff. immediately; amended Sept. 29, 2021, eff. Oct. 1, 2021. Committee Comments (Revised September 29, 1978) This is former Rule 24 without change in substance, except for changing 30 days to 28 days in paragraph (f), in accordance with the policy of establishing time periods in multiples of seven. The last sentence has been added to paragraph (f) to make it clear that an order for the payment of money entered in the proceeding is not automatically vacated at the end of the six months’ period. In 1978, Rule 277 was amende d to delete the words “or decree.” This change effected no change in substance. See Rule 2(b)(2).

Provenance

Source
illinoiscourts.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
c0c9fbff7a351d39a7df5dd14b94ea913517c41dde8ca955e5594403c4bad824
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