IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

 ) 

Betty McGuire, ) 

 ) 

 Judgment Creditor, ) Case Number: 12-cv-03563 

 ) 

-vs- ) District Judge Gary Feinerman 

 ) 

Mountain Green of Arizona, LLC )

 ) 

 Judgment Debtor, ) 

 ) 

and ) 

 ) 

Topco Associates, LLC ) 

 ) 

 Garnishee ) 

MOTION FOR ENTRY OF CONDITIONAL JUDGMENT AND ISSUANCE OF 

SUMMONS TO CONFIRM CONDITIONAL JUDGMENT

Judgment creditor, Betty McGuire, by and through undersigned counsel, pursuant to § 735 ILCS 

5/12-706, respectfully moves this Court to issue an Entry of Conditional Judgment and a Summons 

to Confirm Conditional Judgment against garnishee, Topco Associates, LLC, and in support thereof, 

states as follows: 

1. Topco Associates, LLC, is indebted to the judgment debtor, Mountain Green of Arizona, 

LLC, other than for wages, or has in its possession, custody or control other property 

belonging to it in which it has an interest. (Doc. 4-1, Affidavit of David Chipman 

(“Chipman Aff.”) ¶ 1.) 

2. The last known address of the judgment debtor is Mountain Green of Arizona, LLC, c/o 

Edward L. McBain, Statutory Agent, 10418 E. Palo Bres Drive, Scottsdale, Arizona 85262. 

(Chipman Aff. ¶ 2.) 

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3. Judgment in the case captioned Betty McGuire v. Mountain Green of Arizona, LLC, No. CV 

12-0023-PHX-DGC (D. Ariz.) was entered on March 9, 2012. (Chipman Aff. ¶ 4.) 

4. The amount of the judgment against judgment debtor Mountain Green of Arizona, LLC was 

$127,912.50, consisting of $100,000 in principal, $27,500.00 in interest and $412.50 in 

penalties. (Chipman Aff. ¶ 5.) 

5. Garnishee was served with the Garnishment Summons (Non-Wage), Garnishment Notice 

(with a return date of June 13, 2012) and Interrogatories to Garnishee/Respondent on June 7, 

2012. (Doc. 6, Return of Authorized Service) 

6. To date, the Garnishee has failed to respond to the Garnishment Summons. 

7. Pursuant to 735 ILCS 5/12-706, “[w]hen any person summoned as garnishee fails to appears 

and answer as required . . . the court may enter a conditional judgment against the garnishee 

for the amount due upon the judgment against the judgment debtor.” 

8. Under this provision, the Court may also issue “[a] summons to confirm the conditional 

judgment . . . commanding the garnishee to show cause why the judgment should not be 

made final.” Id.

9. If after being served with said summons, the garnishee “fails to appear and answer, the court 

shall confirm such judgment to the amount of the judgment against the judgment debtor and 

award costs.” Id.

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WHEREFORE, Ms. McGuire respectfully requests that the Court issue an Entry of Conditional 

Judgment and a Summons to Confirm Conditional Judgment against garnishee, Topco Associates, 

LLC. 

DATED this 1st day of August, 2012. 

 CHIPMAN GLASSER, LLC 

 By: /s David Chipman 

 Attorney No. 6210117 

 David Chipman 

 Attorney for Betty McGuire 

 2000 S. Colorado Blvd., Suite 7500 

 Denver, CO 80222 

 Telephone: (303) 578-5780 

 Fax: (303) 578-5790 

4821-7748-7120, v. 1 

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