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MENDEZ v. REPUBLIC BANK

No. 12-2585.

725 F.3d 651 (2013)

Nereida MENDEZ, Plaintiff-Appellant, v. REPUBLIC BANK, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 25, 2013.

Attorney(s) appearing for the Case

Heidi Karr-Sleper (argued), Kurtz Law Offices, Hinsdale, IL, for Plaintiff-Appellant.

Marshall J. Burt , Attorney, Law Offices of Marshall J., Chicago, IL, for Defendant.

Edward P. Freud (argued), Attorney, Ruff, Weidenaar & Reidy, Chicago, IL, Christopher Keleher , Westmont, IL, for Respondent-Appellee.

Before POSNER, WOOD, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Under Illinois law, a judgment creditor may, without any action by a court, require a third party holding property of a judgment debtor to freeze the property until a court determines whether the creditor has a valid claim on the property. To do so the judgment creditor serves the third party with a citation to discover assets. If the third party releases the property without a court order giving permission to do so, the third party may be...

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