Plaintiff filed a lawsuit after defendant failed to repay a loan and obtained a default judgment against the defendant. Defendant failed to comply with a citation to discover assets or to appear at a hearing on a rule to show cause and the circuit court ordered him held in contempt. Defendant was arrested and his father posted his bond. Defendant subsequently sought the return of the bond to his father and plaintiff sought the funds to partially satisfy the unpaid default judgment. The circuit court granted plaintiff’s motion for turnover, denied defendant’s petition for release of the bail bond, and defendant appealed. The appellate court reversed, explaining that, based on the language of section 12-107.5(e) of the Code of Civil Procedure, it could not designate the defendant’s father as an “unwitting” partial guarantor of his son’s indebtedness. (MARTIN and D.B. WALKER, concurring)
Illinois Appellate Court
Civil Court
Body Attachment Order