PLAINTIFF'S MOTION FOR JUDGMENT ON THE ANSWER OF THIRD PARTY CITATION RESPONDENT AND TURNOVER OF FUNDS

THOMAS M. DURKIN, District Judge.

NOW COMES the Plaintiff, GT Expedited, Inc., by and through its attorneys, Sullivan Hincks & Conway, and GT Expedited hereby moves this Honorable Court for an Order of Judgment on the Answer of Third Party Citation Respondent, Wells Fargo Bank, N.A., and for Turnover of Funds. In support, GT Expedited states as follows:

1. On December 21, 2018, Judgment was entered in this Court in favor of the Plaintiff, GT Expedited, and against, as relevant here, Kings Express, Inc., in the total amount of $70,881.99. See Exhibit A [Docket 15]. There is now due, less credit and off-set, the sum of $70,881.99 from King's Express, Inc. (Judgment Balance against Kings Express, Inc.).

2. A Citation to Discover Assets was served on Third Party Wells Fargo Bank, N.A. (hereinafter "Wells Fargo") on December 26, 2018, and a Notice of Citation was mailed via first class mail to Kings Express, Inc. c/o its President at its last known address. See Citation, Notice and Certificate of Mailing, attached hereto as Exhibit B.

3. Wells Fargo served its Answer, received on January 8, 2019, indicating that Wells Fargo is in possession of non-exempt funds belonging to Kings Express, Inc. and indicating that $141,763.98 in a checking account was being withheld. See Wells Fargo's Answer, attached hereto as Exhibit C.

4. Supplementary proceedings to enforce a judgment are governed by Federal Rule of Civil Procedure 69(a) which provides that a district court is to use state procedure governing the execution of any such judgment. Fed. R. Civ. P. 69(a).

5. Section 5/2-1402 of the Illinois Code of Civil Procedure provides that when assets of a judgment debtor not exempt from the satisfaction of a judgment are discovered, a court may enter an order or judgment compelling the person cited to deliver said assets. 735 ILCS 5/2-1402.

6. As such, the Plaintiff is entitled to the non-exempt property of Kings Express, Inc., the Judgment Debtor, in full satisfaction of the Judgment Balance remaining due.

WHEREFORE, the Plaintiff, GT Expedited, Inc., respectfully requests that this Court enter a Judgment on its Third Party Citation and order Third Party Citation Respondent, Wells Fargo, to turnover to Plaintiff in full satisfaction of the judgment, the property of judgment debtor, Kings Express, Inc., in the amount of $70,881.99, and for such other relief that this Court deems just and proper.

EXHIBIT A

ORDER OF JUDGMENT

This matter coming before the Court on Plaintiff's Rule 55(b) Motion for Default Judgment, proper notice having been given, proof of service on all three defendants having appeared in the record, and the Court being fully advised in the premises,

IT IS HEREBY ORDERED:

EXHIBIT B

YOU ARE REQUIRED to either file your answer to this Citation on the form appearing on the last page or appear on January, 22, 2019, at 9 a.m. before Judge Thomas M. Durkin in Courtroom 1441 of the United Stated District Court for the Northern District of Illinois, Dirksen Federal Courthouse, 219 S. Dearborn, Chicago, Illinois 60604.

Judgment was entered on December 21, 2018, in favor of Plaintiff, GT Expedited, Inc., and against Defendant, Kings Express, Inc., in this Court under Case No. 18 CV 5453 in the judgment amount of $70,393.50 plus costs of $488.49 for a total judgment amount of 70,881.99. There is now due, less credit and off-set, the sum of $70,881.99 (Judgment Balance against Kings Express, Inc.). Further sums may become due and interest may accrue.

Your answer will inform the Court as to property you may hold belonging to Kings Express, Inc.

YOU ARE FURTHER COMMANDED TO PRODUCE:

SEE ATTACHED RIDER

YOU ARE PROHIBITED from making or allowing any transfer or other disposition of, or interfering with any property not exempt from execution or garnishment belonging to the judgment debtor, or to which the judgment debtor may be entitled, or which may be acquired by or become due to the judgment debtor, and from paying over or otherwise disposing of any money not so exempt, which is due or becomes due to the judgment debtor, until further order of court or termination of the proceedings. This prohibition shall remain in effect until further order of court or termination of the proceeding. You are not required to withhold the payment of any money beyond double the amount of the total sum due the judgment creditor.

If the account consists solely of funds that can be identified as exempt under Federal or State law, you are PROHIBITED from FREEZING THE ACCOUNT and YOU MUST RESPOND that the account consists solely of exempt funds. Deposited funds that are exempt under Federal and State law include Social Security, SSI, veteran's benefits, Railroad Retirement benefits, public assistance benefits, unemployment compensation benefits, and/or circuit breaker property tax relief benefits.

WARNING: Your failure to comply with the citation proceeding may result in a judgment being entered against you for the unsatisfied amount of this Judgment. 735 ILCS 5/2-1402(f)(1).

WARNING: YOUR FAILURE TO APPEAR IN COURT OR FILE YOUR ANSWER AS DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT.

CERTIFICATION BY ATTORNEY FOR JUDGMENT CREDITOR

Under penalties as provided by law, the undersigned certifies that the above information regarding the amount of the judgment, the date of the judgment, the balance due thereon, and the name of the Court and the number of the case are true and correct.

CITATION RIDER

All records pertaining to any accounts held by Kings Express, Inc. at Wells Fargo Bank, NA from October 2018 to present, including but not limited to, statements, incoming and outgoing checks, deposit items, incoming and outgoing wire transfers, and signature cards.

CITATION NOTICE

Judgment Debtor's last known address:

This Third Party Citation is set for January 22, 2019 at 9 AM in Courtroom 2125 of the Dirksen Federal Building, 219 S. Dearborn, Chi o, Illinois 60604.

Judgment was entered on December 21, 2018, in favor of Plaintiff, GT Expedited, Inc., and against Defendant, Kings Express, Inc., in this Court under Case No. 18 CV 5453 in the sum of $70,393.50 plus $488.49 in costs for a total judgment amount of $70,881.99. The sum of $70,881.99 (Judgment Balance against Kings Express, Inc. remains unsatisfied.

Name and Address of Attorney for Judgment Creditor:

Name of Person to Receive Citation: WELLS FARGO BANK, N.A.

NOTICE: The court issued a citation against the person named above. The citation directs that person to appear in court to be examined for the purpose of allowing the judgment creditor to discover income and assets belonging to the judgment debtor or in which the judgment debtor has an interest. The citation was issued on the basis of a judgment against the judgment debtor and in favor of the judgment creditor in the amount stated above. On or after the court date stated above, the court may compel the application of any discovered income or assets toward payment on the judgment. The amount of income or assets that may be applied toward the judgment is limited by law. THE JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED ABOVE.

The judgment debtor may have other possible exemptions under the law.

THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The judgment debtor also has the right to seek a declaration at an earlier date by notifying the clerk in writing at the office of the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. When so notified, the Clerk of the United States District Court will obtain a prompt hearing date from the court and will provide the necessary forms that must be prepared by the judgment debtor or the attorney for the judgment debtor and sent to the judgment creditor or the judgment creditor's attorney by regular, first class mail, regarding the time and location of such hearing.

This notice may be sent to the judgment debtor by regular first-class mail.

ORDER OF JUDGMENT

This matter coming before the Court on Plaintiff's Rule 55(b) Motion for Default Judgment, proper notice having been given, proof of service on all three defendants having appeared in the record, and the Court being fully advised in the premises,

IT IS HEREBY ORDERED: