suggested that there was a surplus was a surplus ever saw so so how how many days afterwards did the motion to reopen the case after the judge and then there were some proceed on remand and who ultimately west suburban dismissed its foreclosure cases and then there were proceedings extensive proceedings in the in the  no there's no time a surplus petition is a host judgement remedy to try and collect it's no different from a citation discover assets it's no different from a from of a wage garnishment something right there is no time limit person correct is that what you're saying it's a post judgment proceed and in many senses it's new in the same way that  i want to ten thousand dollars and you sue me in good judgment against me right and i nor that judgment i don't hate you're not under any obligation to issue a citation discover my you know would the formalities associate with the sale exist and approving the sales price is commercially reasonable and those are the final judgments that's no different than if if if if if if you had to judge when there is need for ten thousand dollar west suburban had judgments against it vantage problem it for west bourbon is that those judgments total a little over three million dollars more than it west suburban was owned damage and as a result we have the right at common law and as a result the statutory perceive procedures that have been placed you know by the legislature by the courts and we have the right to try and do that your honor the st time this the st time it was ever an attempt to do this was the decision from which appeal is taken below which was in two thousand and eighteen is the st time anywhere you can you can you can look at the can scour it's probably upwards of five maybe even ten thousand dollars pages you'll find no reference what ever to serve plus intil we launched a surplus petition in two thousand and eighteen and we argue to judge fullerton below that our surplus petition was arguably premature and should be steadied pending the resolution of the nd cook county appeal what i'll call a vantage three right now judge fourteen had the discretion to disregard that argument we're not challenging that it's moot at this point but but but we suggested to him that judicial economy we should cause him to defer consideration of our surplus shun merits because our surplus might evaporate had with her been one either advantage to or advantage to read there would not be a surplus but their unsuccessful collateral tax now make the surplus right so we didn't get there because of because of the holdings lower in those holdings are wrong there that does not mean they don't have other arguments perhaps they do i have analytically this is a very simple case i think the confusion below and i think some of the confusion iraq having today just stems from the fact that starforce petitions were unusual and so people don't think about it fortunately th explicitly addressed by the case law but it's quite simple when we're in a plea he they have three million dollars of our money and they should give it back to us and we should be entitled to hearing on the merits with regard to our date and that's a function of the odyssey illinois or the du page county computer system the citations which are common wage garnishments which are common there is of computer function you know a line where you can get a date and so forth for determine whether or not those judgments had been paid in full or over paid you did not seek to reopen the litigation correct to the judge correct our position was that that was the the sum total of the of the proceedings which all occurred before the supreme court's going to audition or result in an overpayment to west suburban to the tune of a little bit more than three million dollars and then we w the judge to grieve with us and order them to give us the three million dollars and perhaps there would be for the proceedings well you have to you have to understand your honor what was ruled on below it was a motion to reopen mr goodman says we didn't really want to reopen the case but that's the motion they filed and that's the most not legal to the substance not form not but i don't know what conversation was have with the clerk's office there's nothing in the record about what's in the record is a motion to reopen which is probably what they have to file because the case of the death with us so they filed that and they asked to do this in their motion to do the same thing that they had asked to do in two thousand and fifteen was they wanted to reopen the case and they wanted to get to conduct these further proceedings to see whether there's money that's why no not if the reason you are denying the motion is because one of the reasons is because you don't have jurisdiction and it's true that it stopped there but he didn't he went on to rule on the alternative theories probably for the benefit of  three so if you disagree that he did have jurisdiction there are two other fatal problems but in fact he held that he didn't have jurisdiction because he ruled because it was it was far too late andrew cuomo three it was three years instead of thirty days the advantages of a box here your honor and and this goes to some degree to the circus edition which again was not ruled on was not served it was not filed it was attached as an exhibit you want to file a citation discover as if you can just attach it as an exhibit to a motion or procedure and let me get before i go on with that with the box that we address want to judge just to show starts questions about judgment because in the exchange you have mr goodman it was kind of hard to tell about a judg when it was trying to collect it the answer is nobody has a charge and we had judgments west suburban had judgments and after your previous decision in the two thousand and fourteen appeal we moved to vacate them and they were  so we're not trying to collect a judgment the mr goodman keeps talking about well all we're doing to do is to elect is like collecting a judgment they have no judgment so let's talk about the surplus to sion because the surplus petition which was never presented and not ruled on was relevant to rescue caught on the phone on the final ground the church fullerton did not deny the motion to reopen was that it wasn't going anywhere because the surplus claim was proposed and in this respect advantages in a box if the share of the transfer proceeds that's what it sends the sheriff and the clerk of court don't have any money in this case at the end it has conceded that in fact they insist on so it's not a surplus petition that they're trying to make t if it is what if the it's a claim for money against a private party it's not a surplus the problem they have with a claim for money is that they need one in cook county mr goodman in his entire argument appeared to pretend that the cook county lawsuit never existed but he did think it's the same it's the same parties it's the same line of credit it's the same default it's the same process server problem everybody knows sheriff doesn't have the money but what that leaves them with is a claim against a private party for money they believe they are owed which is exactly what they file in cook county and lost and the appeal died and it became final and in fact which is not in the common law record but is attached to advantages a brief he asked of the same question isn't that what you tried to do she said we're looking at these twenty one properties and we haven't even done the calculations yet to find out how much is o you could call it at one point in their brief they say no this is this is tort damages they can call it restitution which is what they called in cook county at the same party same parties same facts same default same everything there's one piece of property that isn't in the cook county jail is one house yes but it could have been also so when they lost in cook county they lost what they're trying to do now and again i want to emphasize the way this case wagered forward and decided this case on jurisdiction and on was the case he was talking about the motion to reopen it's all he really ruled on he only got to the question surplus when he got to residue powder and his point there was there is no point in reopening this case for another reason not only can i not do it because i don't have jurisdiction not only can i not to or because they're too late but there is no point in doing it because if i reopened it to consider the surplus game it would be barred by the result he co i believe that's all of this you have questions for others one sale right two hundred thousand dollars mortgage two hundred and fifty thousand dollars those prices ignore like share the fifty thousand dollars gets paid by the sheriff of the page county to share the county or the private company or whoever to the clerk of the co in the case where one of pain the judgment here is a little different because there were twenty five different judge millions and then the supreme court consolidated twenty four of the twenty five and then it segues naturally to the next problem with mr brooks she said   briefs the motion to reconsider where we brought the court to just fulton's attention this