Form SC-C 1703.1 Citation to Discover Assets to Debtor's Bank - Illinois

Form SC-C1703.1 is a Illinois Circuit Court form also known as the "Citation To Discover Assets To Debtor's Bank". The latest edition of the form was released in March 1, 2018 and is available for digital filing.

Download a PDF version of the Form SC-C1703.1 down below or find it on Illinois Circuit Court Forms website.

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This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
For Court Use Only
STATE OF ILLINOIS,
CIRCUIT COURT
CITATION TO DISCOVER ASSETS
TO DEBTOR'S BANK
COUNTY
Instructions
Directly above, enter
the name of the county
Plaintiff (First, middle, last name)
where the case was
filed.
v.
Enter the name of the
plaintiff.
Enter the name of the
Defendant (First, middle, last name)
defendant.
Enter the name of the
bank and the address
Respondent (Bank name)
where the bank can be
served.
Street
Enter the case number.
Case Number
City
State
ZIP
In 1, if the debtor is a
1. This citation and notice is being sent to the bank and to the debtor because the creditor
person, enter the
believes the bank has property belonging to the debtor listed below:
address for the debtor.
If the debtor is a
business, enter the
name and address of
Debtor's Name
the registered agent.
The registered agent
Street, Apt #
can be found on the
Illinois Secretary of
State’s website.
City
State
ZIP
2.
A representative from the bank must fill out the attached Answer to Citation Proceeding
In 2, enter courtroom
number, date and time
form and file it or come to courtroom
on
of the court date, and
Number
address of the court
 a.m.
 p.m.
at
house.
Date
Time
The address of the court is:
Street
City
State
Zip
You can come to court on the court date listed in section 3. You may be able to claim certain protections
(exemptions) at that court date. For a list of exemptions see section 7 below. See How to File an Emergency Motion
to Claim Exemption for information on how to file this Motion.
If you need to be heard earlier than the court date listed in section 3, you can file an Emergency Motion to Claim
Notice to Debtor
Exemption.
You do not have to come to court, but if you do not come to court, and you have money in this bank, the court may
turn your money over to the creditor.
SC-C 1703.1
Page 1 of 6
(03/18)
This form is approved by the Illinois Supreme Court and is required to be accepted in all Illinois Circuit Courts.
For Court Use Only
STATE OF ILLINOIS,
CIRCUIT COURT
CITATION TO DISCOVER ASSETS
TO DEBTOR'S BANK
COUNTY
Instructions
Directly above, enter
the name of the county
Plaintiff (First, middle, last name)
where the case was
filed.
v.
Enter the name of the
plaintiff.
Enter the name of the
Defendant (First, middle, last name)
defendant.
Enter the name of the
bank and the address
Respondent (Bank name)
where the bank can be
served.
Street
Enter the case number.
Case Number
City
State
ZIP
In 1, if the debtor is a
1. This citation and notice is being sent to the bank and to the debtor because the creditor
person, enter the
believes the bank has property belonging to the debtor listed below:
address for the debtor.
If the debtor is a
business, enter the
name and address of
Debtor's Name
the registered agent.
The registered agent
Street, Apt #
can be found on the
Illinois Secretary of
State’s website.
City
State
ZIP
2.
A representative from the bank must fill out the attached Answer to Citation Proceeding
In 2, enter courtroom
number, date and time
form and file it or come to courtroom
on
of the court date, and
Number
address of the court
 a.m.
 p.m.
at
house.
Date
Time
The address of the court is:
Street
City
State
Zip
You can come to court on the court date listed in section 3. You may be able to claim certain protections
(exemptions) at that court date. For a list of exemptions see section 7 below. See How to File an Emergency Motion
to Claim Exemption for information on how to file this Motion.
If you need to be heard earlier than the court date listed in section 3, you can file an Emergency Motion to Claim
Notice to Debtor
Exemption.
You do not have to come to court, but if you do not come to court, and you have money in this bank, the court may
turn your money over to the creditor.
SC-C 1703.1
Page 1 of 6
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
If you do not answer or come to the court date listed in section 3, the judge may do one of two things:
o
Issue a rule to show cause; OR
o
Enter a conditional judgment.
If there is a rule to show cause court date, you will have to explain why you did not come to court on the court date
Notice to Bank
and why you should not be found in contempt of court. If you do not come to the rule to show cause on the set
court date, the judge may find you in contempt, and you might be arrested and jailed.
If the court enters a conditional judgment, you will have 30 days to answer or appear. If you fail to do so, then the
court may enter a final judgment against you.
6.
The bank’s duties and obligations:
You must file the Answer on page 4 telling the Court about all accounts or safety deposit
boxes that the debtor may have an ownership interest in or appears as a signatory.
You must not transfer (sell, give away or get rid of) any property not exempt from the
enforcement of a judgment. This prohibition shall remain in effect until further order of the
court or termination of the proceeding. The bank is required to withhold double the
unpaid amount listed below in paragraph 8. The bank is not required to withhold
beyond double the unpaid amount listed below.
If the account consists solely of funds that can be identified as exempt under federal or state
law, the bank is PROHIBITED from withholding the funds, and the bank must respond
that the funds are exempt. Deposited funds that are exempt under federal and state law
include Social Security Disability Insurance (SSDI) and Social Security Retirement
Insurance (SSRI), Supplemental Security Income (SSI), veteran’s benefits, public assistance
benefits, unemployment compensation benefits, child support and/or circuit breaker property
tax relief benefits.
7.
The debtor has the right to claim certain protections (“exemptions”).
If the debtor claims an exemption, the income or property covered by that exemption
cannot be taken to pay the judgment. Here are some exemptions the debtor may
be able to claim:
1.
Money or belongings up to $4,000 ("wildcard exemption");
2.
Social Security, Supplemental Security Income benefits, and disability;
3.
Public assistance benefits;
4.
Child support;
5.
Unemployment compensation benefits;
6.
Workers’ compensation benefits;
7.
Veteran’s benefits;
8.
Circuit breaker property tax relief benefits;
9.
Debtor’s equity interest, up to $2,400, in any one motor vehicle;
10.
Debtor’s equity interest, up to $1,500, in any professional books, or tools of their trade;
11.
Pension and retirement benefits and refunds; AND
12.
Debtor’s equity interest, up to $15,000, in the house they live in.
To debtor: see
The debtor has the right at the court date listed in section 3 to declare property or income
Emergency Motion to
as exempt. The debtor also has the right to ask for these exemptions at an earlier date by
Claim Exemption for
notifying the clerk in writing at the office of the Circuit Clerk. A court date will be promptly set.
further instruction on
how to ask the court
Necessary forms must be prepared by the debtor and sent to the bank and the creditor or
for these exemptions.
the creditor’s attorney.
SC-C 1703.1
Page 2 of 6
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
In 8a, enter the name of
8.
Certification by the creditor:
the debtor and the date
a.
A judgment was entered or renewed against
,
of the judgment. If the
Name
judgment has been
the debtor, on
.
renewed (“revived”),
enter that date.
Date
In 8b, enter the amount
b. The amount of the judgment is
$
.
of the judgment.
c.
The current amount that remains to be paid, including the creditor's court costs and post
In 8c, enter how much
judgment interest, minus any payment made by the debtor or on behalf of the debtor
is still owed to you.
after the judgment was entered is $
plus costs of this
You are entitled to the
proceeding.
judgment amount, court
costs (e.g., filing fees,
service fees, sheriff's
fee, etc.), and post
judgment interest of
9% per year. Subtract
any payments made by
the debtor.
You must mail this
I certify I will mail by regular first-class mail a copy of the Citation to the debtor
Citation by first-class
at the address shown above within 3 business days after service on the bank's registered
regular mail to the
debtor.
agent.
Under the Code of
I certify that everything in the Citation to Discover Assets to a Debtor's Bank
Civil Procedure,
735
is true and correct. I understand that making a false statement on this form is perjury and
ILCS
5/1-109, making
has penalties provided by law under
735 ILCS
5/1-109.
a statement on this
form that you know to
be false is perjury, a
/s/
Class 3 Felony.
Your Signature
Street Address
If you are completing
this form on a
computer, sign your
Print Your Name
City, State, ZIP
name by typing it. If
you are completing it
by hand, sign and
print your name.
Telephone
Witness this Date:
Seal of Court
STOP!
The Circuit Clerk will
fill in this section.
Clerk of the Court:
SC-C 1703.1
Page 3 of 6
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
For Court Use Only
STATE OF ILLINOIS,
ANSWER TO CITATION
CIRCUIT COURT
PROCEEDING
(TO BE FILLED OUT BY
COUNTY
DEBTOR'S BANK)
Instructions
To creditor: Fill out
Plaintiff (First, middle, last name)
this section in the
same way you did on
v.
page 1.
Defendant (First, middle, last name)
Case Number
Respondent (Bank name)
To creditor: fill out
1. Information about the respondent and the debtor:
section 1. In 1a, enter
a. Bank's name:
the bank's name.
In 1b, enter the bank's
b. Bank's address:
current address.
Street Address
In 1c, enter the debtor's
name.
City
State
ZIP
In 1d, enter the last 4
c. Debtor's name:
digits of the debtor's
First
Middle
Last
Social Security
d. Debtor’s social security number
:
(last 4 digits)
Number.
e. Judgment
$
In 1e, list the amount of
the judgment.
NOTICE TO BANK: This is a Citation. You might need to freeze up to double the judgment
on the source of the deposits. See question 2.
To creditor: leave the
2. Interrogatories:
rest of the form blank.
a. On the date of service of the Citation, do you have any personal property or money
belonging to the debtor?
Yes  No ***If no, do not fill out the rest of the form. Sign below.***
To bank: fill out the
remaining parts of this
form and sign it. Then
b. Is any of the money deposited into an IRA?
file this Answer to
 No
Yes. If yes, do not freeze the IRA accounts.
Citation Proceeding
with the court and send
a copy to the creditor.
c. Have all of the deposits made during the past 90 days been electronically deposited and
Contact the Circuit
identified as Social Security, Unemployment Compensation, Public Assistance, Veteran’s
Clerk for instructions
on how to file this
Benefits, Pension, or Retirement?
Answer with the court.
 No
Yes. If yes, do not freeze the account.
d. Is the account's current balance equal to or less than the total of the exempt deposits?
 No
Yes. If yes, do not freeze the account.
If you checked No in b, c, and d, then freeze up to double the amount of the judgment.
SC-C 1703.1
Page 4 of 6
(03/18)
Enter the Case Number given by the Circuit Clerk: _________________________________
3.
Property:
a.  Account
Account Type
Account Balance
Amount Withheld
1.
$
$
2.
$
$
3.
$
$
4.
$
$
5.
$
$
6.
$
$
b.  Safety Deposit
 Yes
No
c.  Other property
(rents, mortgages, etc.)
Describe Property
Value of Property
Amount Withheld
1.
$
$
2.
$
$
d.  Less Right of Offset for Loans
$
e.
Total Amount Frozen:
$
4.
List all electronic monthly deposits:
Account Number
Source of Deposit
Monthly Amount
1.
$
2.
$
3.
$
5.
List all joint account holders or anyone who has a claim on the property:
If all of the property
a.
belongs to another
First
Middle
Last Name
person who is not the
debtor, do not freeze
Street
the property.
City
State
ZIP
 Checking
 CD
 Savings
Account Information:
Type:
Account Number:
b.
First
Middle
Last Name
Street
City
State
ZIP
 Checking
 CD
 Savings
Account Information:
Type:
Account Number:
SC-C 1703.1
Page 5 of 6
(03/18)

Download Form SC-C 1703.1 Citation to Discover Assets to Debtor's Bank - Illinois

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