Appellate court untangles details tied to creditors’ pursuit of debt

Commercial Litigation

By Paul B. Porvaznik

Paul B. Porvaznik is an attorney at Bielski Chapman, Ltd. and practices primarily in the areas of commercial litigation, landlord-tenant law, mechanic’s liens and post-judgment enforcement.

Posted February 19, 2020 9:19 AM

A recent 1st District Appellate Court decision reads like a creditors’ rights practice manual for its detailed discussion of the nature and scope of various creditor remedies under the Illinois supplementary proceedings and garnishment statutes (735 ILCS 5/2-1402 and 735 ILCS 5/12-701, et seq., respectively).The case is Hayward v. Scorte, 2020 IL App (1st) 190476.The plaintiffs confirmed a $500,000 arbitration award against a corporate defendant in a construction dispute and sought to collect. In post-judgment …

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