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Martinez v. Department of Public Aid

Case Date: 05/25/2004
Court: 1st District Appellate
Docket No: 1-03-0730 Rel

SECOND DIVISION
May 25, 2004
(Nunc Pro Tunc March 31, 2004)



 

No. 1-03-0730


 

PAULA Q. MARTINEZ,

          Plaintiff-Appellant,

                      v.

THE DEPARTMENT OF PUBLIC AID, an Agency of the
State of Illinois, and BANK ONE, N.A., a National Banking
Association,

          Defendants-Appellees.

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)		 Appeal from
the Circuit Court
of Cook County


No. 02 CH 15735


Honorable
Gay Lloyd-Lott,
Judge Presiding.

JUSTICE CAHILL delivered the opinion of the court:

Plaintiff Paula Q. Martinez appeals the trial court order dismissing her complaint againstdefendants the Illinois Department of Public Aid (Department) and Bank One, N.A. We affirm.

This dispute arose over an arrearage in child support owed by plaintiff's nephew, MauroRodriguez. Rodriguez owed his ex-wife $28,316.96 in past-due child support for the couple'stwo children. While investigating Rodriguez's assets, the Department discovered a savingsaccount with Bank One held by Rodriguez and plaintiff. The Department placed a lien on theaccount under section 10-25.5 of the Illinois Public Aid Code (Public Aid Code) (305 ILCS 5/10-25.5 (West 2002)) and section 160.70(g)(2) of the Illinois Administrative Code (AdministrativeCode) (89 Ill. Adm. Code