Simmons v. Could Nine Hospitality Group

Simmons · United States District Court for the Southern District of Illinois · June 2, 2026 · No. 3:24-cv-01724-NJR

Summary

The United States District Court for the Southern District of Illinois ordered Heartland Bank and Trust Company to pay $4,126.18, plus accrued interest, to Jody Simmons’s attorneys. The payment was directed to partially satisfy a $48,681.47 default judgment against Cloud Nine Hospitality Group following garnishment proceedings under Federal Rule of Civil Procedure 69 and Illinois supplemental-proceedings law.

Holdings

  1. Because Plaintiff followed the appropriate procedures under Illinois law to discover assets belonging to the judgment debtor, the Court could order the garnishee to turn over the identified funds, plus accrued interest, for application against the judgment.

Questions Presented

  1. Whether the Court should enter judgment against the garnishee and order funds belonging to the judgment debtor turned over to the judgment creditor to partially satisfy a money judgment.

Disposition

other

Cases Cited (2)

  • Dexia Credit Local v. Rogan, 629 F.3d 612, 622 (7th Cir.)(followed)
  • Dowling v. Chicago Options Assocs., Inc., 847 N.E.2d 741, 746 (Ill. App. Ct. 2006)(followed)

Cited In (0)

No citing cases on record yet.

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