Opinion
22-CV-00605
06-24-2024
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL NO. 73, and THE TRUSTEES of the SHEET METAL WORKERS LOCAL NO. 73 PENSION FUND, SHEET METAL WORKERS LOCAL NO. 73 WELFARE FUND; and SHEET METAL WORKERS LOCAL NO. 73 ANNUITY FUND, Plaintiffs, v. COMPLETE MECHANICAL PIPING, LLC, Defendant.
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL NO. 73, et al., By: Andrew S. Pigott, One of their attorneys Gregorio, Stec, Klein, & Hose.
SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION, LOCAL NO. 73, et al., By: Andrew S. Pigott, One of their attorneys Gregorio, Stec, Klein, & Hose.
AMENDED MOTION FOR JUDGMENT AGAINST THIRD-PARTY CITEE FOR VIOLATION OF CITATION TO DISCOVER ASSETS'S RESTRAINING PROVISION
Appenteng, Magistrate Judge:
Plaintiffs, Sheet Metal Workers' International Association, Local No. 73, et al., by and through their attorneys, move this Court to enter a judgment against Third-Party Citee, State Mechanical Services, LLC, for its violation of the restraining provision in Plaintiffs' citation to discover assets served upon it, stating as follows:
1. On June 8, 2023, the Court entered a $206,375.05 judgment against Defendant.
2. On July 17, 2023, Plaintiffs issued a citation to discover assets on State Mechanical. Ex. A.
3. Plaintiffs effected service of the citation on State Mechanical through its registered agent on July 20, 2024. Ex. B.
4. State Mechanical acknowledged receipt of the citation by a phone call to one of Plaintiffs' counsel, and indicated it held no property of Defendant
5. State Mechanical never personally appeared to undergo citation examination, so as to tcrnthhte the citation prodding.
6. Under FRCP 69(a)(1), where no federal statute provides for the means of execution on a money judgment "[t]he procedure on execution--and in proceedings supplementary to and in aid ofjudgment or execution-must acoord with the procedure of the state where the court is located."
7. Under section 2-1402 of the Illinois Code of Civil Procedure:
A judgment creditor *** is entitled to prosecute citations to disecver assets for the pusposes of exanrining the judgment debtor or any other person to discover assets or income of the debtor not exempt from the enforcement of the judgment, a deduction order or gamishment, and of compelling the application of non-exempt assets or income discovered toward the payment of the amoimt due under the judgment.
****
The citation may prohibit the party to whom it is directed from making or allowing any transfer or other disposition of or interfering with, any property not exempt from the enforcement of a judgment therefrom, a deduction orderer or garnishment, belongaging to the judgment debtor or to which he or she may be entitled or which may themarter be acqanied by or become due to him or her, and from paying over or otherwise disposing of any moneys not so exempt which are due or to become due to the judgment debtor, until the further orderer of the court or the termnation of the proceeding, whichever occora first. The third party may not be obliged to withhold the payment of any moneys beyond double the amount of the balance due sought to be enforced by thejudgment creditor. The court may pwrish any party who violates the restraining provision of a citation as and for a contempt, or if the party is a third party may enter judgment against him or her in the amount of the unpaid portion of the judgment and costs allowable under this Section, or in the amount of the value of the property transferred, whichever is lesser.735 ILCS 5/2-1402(a), (f-1) (West 2022).
8. Consistent with subsection (f-1), the citation addressed to State Mechanical provided:
YOU AREE PROHffiHED from making or allowing any tiansfer or other disposition ot: or interfering with, any property not exempt from execution or garnishment belonging to the judgment debtor or to which it may be entitled or which may be acquired by or become due to it; and from paying over to othrwise disposing of any money not so exempt, which is due or becomes due to it, until the further order of the Court or ternhiation of the procedings. You are not rcquired to withhold the payment of any monney beyond double the amount of the indgment. Ex. A.
9. Despite the admonitions of Plaintiffs' citation, which remained in effect, State Mechanical still made the following post-citation check-payments to Defendant:
a. July 24, 2023: $84,562.76.
b. Aug. 30, 2023: $20,931.02.
c. Sept. 14-15, 2023: $6,117.25.
d. Oct. 2-3, 27, 2023: $21,465.41.
e. Oct. 27, 2023: $35,724.83.
f Nov. 8, 2023: $6,495.22.
g. Nov. 29, 2023: $10,131.69.
h. Dec. 11, 2023: $638.77.
i. Dec. 28, 2023: $11,056.69.
J. Jan. 10, 2024: $24,312.92.
k. Feb. 14, 2024: $30,796.59.
1. Mar. 1, 2024: $85.20.
m. Mar. 12, 2024: $35,810.22. Ex. C.
10. The total of State Mechanical's post-citation payments is $291,128.57.
11. Plaintiffs previously revered $14,639.72 against the originalin judgment, leaving a judgment balance of $191,735.33
WHEREFORE, Plaintiffs ask this Court to enter a $191,735.33 judgment in their favor and against third-party cite, State Mechanical Szwecs, LLC, for its violation of the restraining provision of Plaintiffs' served citation to discover assets.