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I was served with a Citation to Discover Assets, along with the Citation Notice. The problem is that they are OUTDATED.

Troy, IL |

They do not contain the updated exemption limits passed in August, 2012. Additionally, they did not include the Income & Asset Form, nor is it mentioned on the Citation to Discover Assets (since the form itself is outdated). With that said, what should I do when I appear before the judge at my hearing?

Attorney Answers 3

Posted

Please hire a lawyer who can possibly raise these issues for you and help you achieve the best outcome related to this case. Ultimately the form of the citation can be amended and you will have to provide your asset information unless the attorney can help you negotiate a settlement.

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Posted

You may not appear before the Judge at your "hearing." These are usually very informal. At such time, the only thing to testify to the trutharding your assets. The fact that the form is old is not a problem. That will not change the law regarding your exemptions.

But, why are you tolerating this kind of treatment? This can all be easily and permanently stopped. Go see an experienced bankruptcy attorney. Many excellent attorneys have no fee for the initial consultation. Good luck.

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Posted

I agree with both prior answers. Have the information ready on the form, even if it old. Citation to discover assets is exactly that, the creditor wants you disclose what you know. If you do not have the means to pay this debt voluntary or by garnishment, see an attorney.

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