Citation to Discover Assets | 1st Dist.
Gataric v. Colak, 2016 IL App (1st) 151281 (July 15, 2016) Cook Co., 5th Div. (REYES) Affirmed.
Court entered order denying Citation Respondent’s claim to funds held in joint checking account with Defendant, and ordering those funds be turned over to Plaintiff in satisfaction of underlying judgment obtained by Plaintiff against Defendant. At trial of supplementary proceeding, court used proper standard when analyzing whether Respondent met her burden of proof. Court conducted evidentiary hearing and heard testimony from Respondent and her husband. Lack of factual findings in court’s written order does not mean court must be reversed. (LAMPKIN and BURKE, concurring.)
Moral of the story is be careful where you keep your money and how the joint account is maintained. The Defendant held money with another person in a joint account. The creditor/Plaintiff filed a citation and went after the joint account. At a special hearing on the matter the Defendant was unable to provide sufficient evidence supporting the notion that the funds were owned by the other party. And the money went to the creditor/Plaintiff