| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||
1 | AN ACT concerning civil law.
| |||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||
4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||||||||||||||||
5 | changing Sections 2-1402, 12-901, 12-904, 12-906, 12-909, | |||||||||||||||||||||||||||||||||
6 | 12-910, 12-911, and 12-912 as follows:
| |||||||||||||||||||||||||||||||||
7 | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| |||||||||||||||||||||||||||||||||
8 | Sec. 2-1402. Citations to discover assets.
| |||||||||||||||||||||||||||||||||
9 | (a) A judgment creditor, or his or her successor in | |||||||||||||||||||||||||||||||||
10 | interest when that
interest is made to appear of record, is | |||||||||||||||||||||||||||||||||
11 | entitled to prosecute citations to discover assets for the | |||||||||||||||||||||||||||||||||
12 | purposes of examining the judgment debtor or any other
person | |||||||||||||||||||||||||||||||||
13 | to discover assets or income of the debtor not exempt from the
| |||||||||||||||||||||||||||||||||
14 | enforcement of the judgment, a deduction order or garnishment, | |||||||||||||||||||||||||||||||||
15 | and of
compelling the application of non-exempt assets or | |||||||||||||||||||||||||||||||||
16 | income discovered toward the
payment of the amount due under | |||||||||||||||||||||||||||||||||
17 | the judgment. A citation proceeding shall
be commenced by the | |||||||||||||||||||||||||||||||||
18 | service of a citation issued by the clerk. The procedure
for | |||||||||||||||||||||||||||||||||
19 | conducting citation proceedings shall be prescribed by rules.
| |||||||||||||||||||||||||||||||||
20 | All citations issued by the clerk shall have the following | |||||||||||||||||||||||||||||||||
21 | language, or
language substantially similar thereto, stated | |||||||||||||||||||||||||||||||||
22 | prominently on the front, in
capital letters: "IF YOU FAIL TO | |||||||||||||||||||||||||||||||||
23 | APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED |
| |||||||
| |||||||
1 | AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT | ||||||
2 | OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE | ||||||
3 | COUNTY JAIL."
The court shall not grant a continuance of the | ||||||
4 | citation proceeding except
upon good cause shown.
| ||||||
5 | (b) Any citation served upon a judgment debtor or any | ||||||
6 | other person shall
include a certification by the attorney for | ||||||
7 | the judgment creditor or the
judgment creditor setting forth | ||||||
8 | the amount of the judgment, the date of the
judgment, or its | ||||||
9 | revival date, the balance due thereon, the name of the court,
| ||||||
10 | and the number of the case, and a copy of the citation notice | ||||||
11 | required by this
subsection. Whenever a citation is served | ||||||
12 | upon a person or party other than
the judgment debtor, the | ||||||
13 | officer or person serving the citation shall send to
the | ||||||
14 | judgment debtor, within three business days of the service | ||||||
15 | upon the cited
party, a copy of the citation and the citation | ||||||
16 | notice, which may be sent
by regular first-class mail to the | ||||||
17 | judgment debtor's last known address. In no
event shall a | ||||||
18 | citation hearing be held sooner than five business days after | ||||||
19 | the
mailing of the citation and citation notice to the | ||||||
20 | judgment debtor, except by
agreement of the parties. The | ||||||
21 | citation notice need not be mailed to a
corporation, | ||||||
22 | partnership, or association. The citation notice shall be in
| ||||||
23 | substantially the following form:
| ||||||
24 | "CITATION NOTICE
| ||||||
25 | (Name and address of Court)
| ||||||
26 | Name of Case: (Name of Judgment Creditor),
|
| |||||||
| |||||||
1 | Judgment Creditor v.
| ||||||
2 | (Name of Judgment Debtor),
| ||||||
3 | Judgment Debtor.
| ||||||
4 | Address of Judgment Debtor: (Insert last known
| ||||||
5 | address)
| ||||||
6 | Name and address of Attorney for Judgment
| ||||||
7 | Creditor or of Judgment Creditor (If no
| ||||||
8 | attorney is listed): (Insert name and address)
| ||||||
9 | Amount of Judgment: $ (Insert amount)
| ||||||
10 | Name of Person Receiving Citation: (Insert name)
| ||||||
11 | Court Date and Time: (Insert return date and time
| ||||||
12 | specified in citation)
| ||||||
13 | NOTICE: The court has issued a citation against the person | ||||||
14 | named above. The
citation directs that person to appear in | ||||||
15 | court to be examined for the purpose
of allowing the judgment | ||||||
16 | creditor to discover income and assets belonging to
the | ||||||
17 | judgment debtor or in which the judgment debtor has an | ||||||
18 | interest. The
citation was issued on the basis of a judgment | ||||||
19 | against the judgment debtor in
favor of the judgment creditor | ||||||
20 | in the amount stated above. On or after the
court date stated | ||||||
21 | above, the court may compel the application of any
discovered | ||||||
22 | income or assets toward payment on the judgment.
| ||||||
23 | The amount of income or assets that may be applied toward | ||||||
24 | the judgment is
limited by federal and Illinois law. The | ||||||
25 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
26 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH |
| |||||||
| |||||||
1 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| ||||||
2 | ABOVE:
| ||||||
3 | (1) Under Illinois or federal law, the exemptions of | ||||||
4 | personal property
owned by the debtor include the debtor's | ||||||
5 | equity interest, not to exceed $4,000
in value, in any | ||||||
6 | personal property as chosen by the debtor; Social Security | ||||||
7 | and
SSI benefits; public assistance benefits; unemployment | ||||||
8 | compensation benefits;
worker's compensation benefits; | ||||||
9 | veteran's benefits; circuit breaker property
tax relief | ||||||
10 | benefits; the debtor's equity interest, not to exceed | ||||||
11 | $2,400 in
value, in any one motor vehicle, and the | ||||||
12 | debtor's equity interest, not to
exceed $1,500 in value, | ||||||
13 | in any implements, professional books, or tools of the
| ||||||
14 | trade of the debtor.
| ||||||
15 | (2) Under Illinois law, every person is entitled to an | ||||||
16 | estate in
homestead, when it is owned and occupied as a | ||||||
17 | residence, to the extent in value
of the greater of (1) the | ||||||
18 | countywide median sale price for a single-family home in | ||||||
19 | the calendar year prior to the calendar year in which the | ||||||
20 | judgment debtor claims the exemption, not to exceed | ||||||
21 | $600,000, or (2) $300,000 $15,000 , which homestead is | ||||||
22 | exempt from judgment.
| ||||||
23 | (3) Under Illinois law, the amount of wages that may | ||||||
24 | be applied toward a
judgment is limited to the lesser of | ||||||
25 | (i) 15% of gross weekly wages or (ii) the
amount by which | ||||||
26 | disposable earnings for a week exceed the total of 45 |
| |||||||
| |||||||
1 | times the
federal minimum hourly wage or, under a wage | ||||||
2 | deduction summons served on or after January 1, 2006, the | ||||||
3 | Illinois minimum hourly wage, whichever is greater.
| ||||||
4 | (4) Under federal law, the amount of wages that may be | ||||||
5 | applied toward a
judgment is limited to the lesser of (i) | ||||||
6 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
7 | which disposable earnings for a week exceed 30 times the
| ||||||
8 | federal minimum hourly wage.
| ||||||
9 | (5) Pension and retirement benefits and refunds may be | ||||||
10 | claimed as exempt
under Illinois law.
| ||||||
11 | The judgment debtor may have other possible exemptions | ||||||
12 | under the law.
| ||||||
13 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | ||||||
14 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | ||||||
15 | judgment debtor also has the right to
seek a declaration at an | ||||||
16 | earlier date, by notifying the clerk in writing at
(insert | ||||||
17 | address of clerk). When so notified, the Clerk of the Court | ||||||
18 | will
obtain a prompt hearing date from the court and will
| ||||||
19 | provide the necessary forms that must be prepared by the | ||||||
20 | judgment debtor or the
attorney for the judgment debtor and | ||||||
21 | sent to the judgment creditor and the
judgment creditor's | ||||||
22 | attorney regarding the time and location of the hearing.
This | ||||||
23 | notice may be sent by regular first class mail."
| ||||||
24 | (b-1) Any citation served upon a judgment debtor who is a | ||||||
25 | natural person shall be served by personal service or abode | ||||||
26 | service as provided in Supreme Court Rule 105 and shall |
| |||||||
| |||||||
1 | include a copy of the Income and Asset Form set forth in | ||||||
2 | subsection (b-5). | ||||||
3 | (b-5) The Income and Asset Form required to be served by | ||||||
4 | the judgment creditor in subsection (b-1) shall be in | ||||||
5 | substantially the following form: | ||||||
6 | INCOME AND ASSET FORM | ||||||
7 | To Judgment Debtor: Please complete this form and | ||||||
8 | bring it with you to the hearing referenced in the | ||||||
9 | enclosed citation notice. You should also bring to the | ||||||
10 | hearing any documents you have to support the information | ||||||
11 | you provide in this form, such as pay stubs and account | ||||||
12 | statements. The information you provide will help the | ||||||
13 | court determine whether you have any property or income | ||||||
14 | that can be used to satisfy the judgment entered against | ||||||
15 | you in this matter. The information you provide must be | ||||||
16 | accurate to the best of your knowledge. | ||||||
17 | If you fail to appear at this hearing, you could be | ||||||
18 | held in contempt of court and possibly arrested. | ||||||
19 | In answer to the citation proceedings served upon the | ||||||
20 | judgment debtor, he or she answers as follows: | ||||||
21 | Name:..................... | ||||||
22 | Home Phone Number:................. | ||||||
23 | Home Address:.................... | ||||||
24 | Date of Birth:...................... |
| |||||||
| |||||||
1 | Marital Status:..................... | ||||||
2 | I have.........dependents. | ||||||
3 | Do you have a job? YES NO | ||||||
4 | Company's name I work for:...................... | ||||||
5 | Company's address:.............................. | ||||||
6 | Job: | ||||||
7 | I earn $....... per....... | ||||||
8 | If self employed, list here your business name and | ||||||
9 | address: | ||||||
10 | ............................................. | ||||||
11 | Income from self employment is $......... per | ||||||
12 | year. | ||||||
13 | I have the following benefits with my employer: | ||||||
14 | ............................................. | ||||||
15 | I do not have a job, but I support myself through: | ||||||
16 | Government Assistance $........ per month | ||||||
17 | Unemployment $........ per month | ||||||
18 | Social Security $........ per month | ||||||
19 | SSI $........ per month | ||||||
20 | Pension $........ per month | ||||||
21 | Other $........ per month | ||||||
22 | Real Estate: | ||||||
23 | Do you own any real estate? YES NO | ||||||
24 | I own real estate at.........., with names of other | ||||||
25 | owners |
| |||||||
| |||||||
1 | ................................................. | ||||||
2 | Additional real estate I own: .................... | ||||||
3 | I have a beneficial interest in a land trust. The name | ||||||
4 | and address of the trustee is:............. The beneficial | ||||||
5 | interest is listed in my name and ........................ | ||||||
6 | There is a mortgage on my real estate. State the | ||||||
7 | mortgage company's name and address for each parcel of | ||||||
8 | real estate owned: | ||||||
9 | ................................................. | ||||||
10 | An assignment of beneficial interest in the land trust | ||||||
11 | was signed to secure a loan from ......................... | ||||||
12 | I have the following accounts: | ||||||
13 | Checking account at ..........; | ||||||
14 | account balance $...... | ||||||
15 | Savings account at ..........; | ||||||
16 | account balance $...... | ||||||
17 | Money market or certificate of deposit at .... | ||||||
18 | Safe deposit box at .......................... | ||||||
19 | Other accounts (please identify): ............ | ||||||
20 | I own: | ||||||
21 | A vehicle (state year, make, model, and VIN): . | ||||||
22 | Jewelry (please specify): .................... | ||||||
23 | Other property described as:...................... | ||||||
24 | Stocks/Bonds..................... | ||||||
25 | Personal computer................ | ||||||
26 | DVD player....................... |
| |||||||
| |||||||
1 | Television....................... | ||||||
2 | Stove....................... | ||||||
3 | Microwave....................... | ||||||
4 | Work tools....................... | ||||||
5 | Business equipment....................... | ||||||
6 | Farm equipment....................... | ||||||
7 | Other property (please specify): | ||||||
8 | ............................................. | ||||||
9 | Signature:.................... | ||||||
10 | (b-10) Any action properly initiated under this Section | ||||||
11 | may proceed notwithstanding an
absent or incomplete Income and | ||||||
12 | Asset Form, and a judgment debtor may be examined for the | ||||||
13 | purpose of allowing the judgment creditor to discover income | ||||||
14 | and assets belonging to the judgment debtor or in which the | ||||||
15 | judgment debtor has an interest. | ||||||
16 | (c) When assets or income of the judgment debtor not | ||||||
17 | exempt from
the satisfaction of a judgment, a deduction order | ||||||
18 | or garnishment are
discovered, the court may, by appropriate | ||||||
19 | order or judgment:
| ||||||
20 | (1) Compel the judgment debtor to deliver up, to be | ||||||
21 | applied in
satisfaction of the judgment, in whole or in | ||||||
22 | part, money, choses in
action, property or effects in his | ||||||
23 | or her possession or control, so discovered,
capable of | ||||||
24 | delivery and to which his or her title or right of | ||||||
25 | possession is not
substantially disputed.
| ||||||
26 | (2) Compel the judgment debtor to pay to the judgment |
| |||||||
| |||||||
1 | creditor or
apply on the judgment, in installments, a | ||||||
2 | portion of his or her income, however
or whenever earned | ||||||
3 | or acquired, as the court may deem proper, having due
| ||||||
4 | regard for the reasonable requirements of the judgment | ||||||
5 | debtor and his or her
family, if dependent upon him or her, | ||||||
6 | as well as any payments required to be
made by prior order | ||||||
7 | of court or under wage assignments outstanding; provided
| ||||||
8 | that the judgment debtor shall not be compelled to pay | ||||||
9 | income which would be
considered exempt as wages under the | ||||||
10 | Wage Deduction Statute. The court may
modify an order for | ||||||
11 | installment payments, from time to time, upon application
| ||||||
12 | of either party upon notice to the other.
| ||||||
13 | (3) Compel any person cited, other than the judgment | ||||||
14 | debtor, to
deliver up any assets so discovered, to be | ||||||
15 | applied in satisfaction of
the judgment, in whole or in | ||||||
16 | part, when those assets are held under such
circumstances | ||||||
17 | that in an action by the judgment debtor he or she could | ||||||
18 | recover
them in specie or obtain a judgment for the | ||||||
19 | proceeds or value thereof as
for conversion or | ||||||
20 | embezzlement. A judgment creditor may recover a corporate | ||||||
21 | judgment debtor's property on behalf of the judgment | ||||||
22 | debtor for use of the judgment creditor by filing an | ||||||
23 | appropriate petition within the citation proceedings.
| ||||||
24 | (4) Enter any order upon or judgment against the | ||||||
25 | person cited that
could be entered in any garnishment | ||||||
26 | proceeding.
|
| |||||||
| |||||||
1 | (5) Compel any person cited to execute an assignment | ||||||
2 | of any chose in
action or a conveyance of title to real or | ||||||
3 | personal property or resign memberships in exchanges, | ||||||
4 | clubs, or other entities in the
same manner and to the same | ||||||
5 | extent as a court could do in any proceeding
by a judgment | ||||||
6 | creditor to enforce payment of a judgment or in aid of
the | ||||||
7 | enforcement of a judgment.
| ||||||
8 | (6) Authorize the judgment creditor to maintain an | ||||||
9 | action against
any person or corporation that, it appears | ||||||
10 | upon proof satisfactory to
the court, is indebted to the | ||||||
11 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
12 | transfer or other disposition of the debt until an
action | ||||||
13 | can be commenced and prosecuted to judgment, direct that | ||||||
14 | the
papers or proof in the possession or control of the | ||||||
15 | debtor and necessary
in the prosecution of the action be | ||||||
16 | delivered to the creditor or
impounded in court, and | ||||||
17 | provide for the disposition of any moneys in
excess of the | ||||||
18 | sum required to pay the judgment creditor's judgment and
| ||||||
19 | costs allowed by the court.
| ||||||
20 | (c-5) If a citation is directed to a judgment debtor who is | ||||||
21 | a natural person, no payment
order shall be entered under | ||||||
22 | subsection (c) unless the Income and Asset Form was served | ||||||
23 | upon the judgment debtor as required by subsection (b-1), the | ||||||
24 | judgment debtor has had an opportunity to assert exemptions, | ||||||
25 | and the payments are from non-exempt sources. | ||||||
26 | (d) No order or judgment shall be entered under subsection |
| |||||||
| |||||||
1 | (c) in favor of
the judgment creditor unless there appears of | ||||||
2 | record a certification of
mailing showing that a copy of the | ||||||
3 | citation and a copy of the citation notice was mailed to the | ||||||
4 | judgment debtor as required by subsection (b).
| ||||||
5 | (d-5) If upon examination the court determines that the | ||||||
6 | judgment debtor does not possess any non-exempt income or | ||||||
7 | assets, then the citation shall be dismissed. | ||||||
8 | (e) All property ordered to be delivered up shall, except | ||||||
9 | as
otherwise provided in this Section, be delivered to the | ||||||
10 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
11 | and the proceeds thereof
applied towards the payment of costs | ||||||
12 | and the satisfaction of the judgment. If the judgment debtor's | ||||||
13 | property is of such a nature that it is not readily delivered | ||||||
14 | up to the sheriff for public sale or if another method of sale | ||||||
15 | is more appropriate to liquidate the property or enhance its | ||||||
16 | value at sale, the court may order the sale of such property by | ||||||
17 | the debtor, third party respondent, or by a selling agent | ||||||
18 | other than the sheriff upon such terms as are just and | ||||||
19 | equitable. The proceeds of sale, after deducting reasonable | ||||||
20 | and necessary expenses, are to be turned over to the creditor | ||||||
21 | and applied to the balance due on the judgment.
| ||||||
22 | (f)(1) The citation may prohibit the party to whom it is | ||||||
23 | directed from
making or allowing any transfer or other | ||||||
24 | disposition of, or interfering with,
any property not exempt | ||||||
25 | from the enforcement of a judgment therefrom, a
deduction | ||||||
26 | order or garnishment, belonging to the judgment debtor or to |
| |||||||
| |||||||
1 | which he
or she may be entitled or which may thereafter be | ||||||
2 | acquired by or become due to
him or her, and from paying over | ||||||
3 | or otherwise disposing of any moneys not so
exempt which are | ||||||
4 | due or to become due to the judgment debtor, until the further
| ||||||
5 | order of the court or the termination of the proceeding, | ||||||
6 | whichever occurs
first. The third party may not be obliged to | ||||||
7 | withhold the payment of any
moneys beyond double the amount of | ||||||
8 | the balance due sought to be enforced by the
judgment | ||||||
9 | creditor. The court may punish any party who violates the | ||||||
10 | restraining
provision of a citation as and for a contempt, or | ||||||
11 | if the party is a third party
may enter judgment against him or | ||||||
12 | her in the amount of the unpaid portion of
the judgment and | ||||||
13 | costs allowable under this Section, or in the amount of the
| ||||||
14 | value of the property transferred, whichever is lesser.
| ||||||
15 | (2) The court may enjoin any person, whether or not a party | ||||||
16 | to the citation
proceeding, from making or allowing any | ||||||
17 | transfer or other
disposition of, or interference with, the | ||||||
18 | property of the judgment
debtor not exempt from the | ||||||
19 | enforcement of a judgment, a deduction order or
garnishment, | ||||||
20 | or the property or debt not so exempt concerning which any
| ||||||
21 | person is required to attend and be examined until further | ||||||
22 | direction in the
premises. The injunction order shall remain | ||||||
23 | in effect until vacated by the
court or until the proceeding is | ||||||
24 | terminated, whichever first occurs.
| ||||||
25 | (g) If it appears that any property, chose in action, | ||||||
26 | credit or
effect discovered, or any interest therein, is |
| |||||||
| |||||||
1 | claimed by any person, the court
shall, as in garnishment | ||||||
2 | proceedings, permit or require the claimant to appear
and | ||||||
3 | maintain his or her right. The rights of the person cited
and | ||||||
4 | the rights of any adverse claimant shall be asserted and | ||||||
5 | determined
pursuant to the law relating to garnishment | ||||||
6 | proceedings.
| ||||||
7 | (h) Costs in proceedings authorized by this Section shall | ||||||
8 | be
allowed, assessed and paid in accordance with rules, | ||||||
9 | provided that if the
court determines, in its discretion, that | ||||||
10 | costs incurred by the judgment
creditor were improperly | ||||||
11 | incurred, those costs shall be paid by the judgment
creditor.
| ||||||
12 | (i) This Section is in addition to and does not affect
| ||||||
13 | enforcement of judgments or citation proceedings thereto, by | ||||||
14 | any other
methods now or hereafter provided by law.
| ||||||
15 | (j) This Section does not grant the power to any court to | ||||||
16 | order
installment or other payments from, or compel the sale, | ||||||
17 | delivery,
surrender, assignment or conveyance of any property | ||||||
18 | exempt by statute
from the enforcement of a judgment thereon, | ||||||
19 | a deduction order, garnishment,
attachment, sequestration, | ||||||
20 | process or other levy or seizure.
| ||||||
21 | (k) (Blank).
| ||||||
22 | (k-3) The court may enter any order upon or judgment | ||||||
23 | against the respondent cited that could be entered in any | ||||||
24 | garnishment proceeding under Part 7 of Article XII of this | ||||||
25 | Code. This subsection (k-3) shall be construed as being | ||||||
26 | declarative of existing law and not as a new enactment. |
| |||||||
| |||||||
1 | (k-5) If the court determines that any property held by a | ||||||
2 | third party respondent is wages pursuant to Section 12-801, | ||||||
3 | the court shall proceed as if a wage deduction proceeding had | ||||||
4 | been filed and proceed to enter such necessary and proper | ||||||
5 | orders as would have been entered in a wage deduction | ||||||
6 | proceeding including but not limited to the granting of the | ||||||
7 | statutory exemptions allowed by Section 12-803 and all other | ||||||
8 | remedies allowed plaintiff and defendant pursuant to Part 8 of | ||||||
9 | Article 12 of this Act.
| ||||||
10 | (k-10) If a creditor discovers personal property of the | ||||||
11 | judgment debtor that is subject to the lien of a citation to | ||||||
12 | discover assets, the creditor may have the court impress a | ||||||
13 | lien against a specific item of personal property, including a | ||||||
14 | beneficial interest in a land trust. The lien survives the | ||||||
15 | termination of the citation proceedings and remains as a lien | ||||||
16 | against the personal property in the same manner that a | ||||||
17 | judgment lien recorded against real property pursuant to | ||||||
18 | Section 12-101 remains a lien on real property. If the | ||||||
19 | judgment is revived before dormancy, the lien shall remain. A | ||||||
20 | lien against personal property may, but need not, be recorded | ||||||
21 | in the office of the recorder or filed as an informational | ||||||
22 | filing pursuant to the Uniform Commercial Code. | ||||||
23 | (l) At any citation hearing at which the judgment debtor | ||||||
24 | appears and seeks
a declaration that certain of his or her | ||||||
25 | income or assets are exempt, the court
shall proceed to | ||||||
26 | determine whether the property which the judgment debtor
|
| |||||||
| |||||||
1 | declares to be exempt is exempt from judgment. At any time | ||||||
2 | before the return
date specified on the citation, the judgment | ||||||
3 | debtor may request, in writing, a
hearing to declare exempt | ||||||
4 | certain income and assets by notifying the clerk of
the court | ||||||
5 | before that time, using forms as may be provided by the clerk | ||||||
6 | of the
court. The clerk of the court will obtain a prompt | ||||||
7 | hearing date from the
court and will provide the necessary | ||||||
8 | forms that must be prepared by the
judgment debtor or the | ||||||
9 | attorney for the judgment debtor and sent to the
judgment | ||||||
10 | creditor, or the judgment creditor's attorney, regarding the | ||||||
11 | time and
location of the hearing. This notice may be sent by | ||||||
12 | regular first class mail.
At the hearing, the court shall | ||||||
13 | immediately, unless for good cause shown that
the hearing is | ||||||
14 | to be continued, shall proceed to determine whether the | ||||||
15 | property
which the judgment debtor declares to be exempt is | ||||||
16 | exempt from judgment. The
restraining provisions of subsection | ||||||
17 | (f) shall not apply to any property
determined by the court to | ||||||
18 | be exempt.
| ||||||
19 | (m) The judgment or balance due on the judgment becomes a | ||||||
20 | lien when a
citation is served in accordance with subsection | ||||||
21 | (a) of this Section. The lien
binds nonexempt personal | ||||||
22 | property, including money, choses in action, and
effects of | ||||||
23 | the judgment debtor as follows:
| ||||||
24 | (1) When the citation is directed against the judgment | ||||||
25 | debtor, upon all
personal property belonging to the | ||||||
26 | judgment debtor in the possession or control
of the |
| |||||||
| |||||||
1 | judgment debtor or which may thereafter be acquired or | ||||||
2 | come due to the
judgment debtor to the time of the | ||||||
3 | disposition of the citation.
| ||||||
4 | (2) When the citation is directed against a third | ||||||
5 | party, upon all personal
property belonging to the | ||||||
6 | judgment debtor in the possession or control of the
third | ||||||
7 | party or which thereafter may be acquired or come due the | ||||||
8 | judgment debtor
and comes into the possession or control | ||||||
9 | of the third party to the time of the
disposition of the | ||||||
10 | citation.
| ||||||
11 | The lien established under this Section does not affect | ||||||
12 | the rights of
citation respondents in property prior to the | ||||||
13 | service of the citation upon them
and does not affect the | ||||||
14 | rights of bona fide purchasers or lenders without
notice of | ||||||
15 | the citation. The lien is effective for the period specified | ||||||
16 | by
Supreme Court Rule.
| ||||||
17 | This subsection (m), as added by Public Act 88-48, is a | ||||||
18 | declaration of
existing law.
| ||||||
19 | (n) If any provision of this Act or its application to any | ||||||
20 | person or
circumstance is held invalid, the invalidity of that | ||||||
21 | provision or application
does not affect the provisions or | ||||||
22 | applications of the Act that can be given
effect without the | ||||||
23 | invalid provision or application.
| ||||||
24 | (o) The changes to this Section made by this amendatory | ||||||
25 | Act of the 97th General Assembly apply only to citation | ||||||
26 | proceedings commenced under this Section on or after the |
| |||||||
| |||||||
1 | effective date of this amendatory Act of the 97th General | ||||||
2 | Assembly. The requirements or limitations set forth in | ||||||
3 | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not | ||||||
4 | apply to the enforcement of any order or judgment resulting | ||||||
5 | from an adjudication of a municipal ordinance violation that | ||||||
6 | is subject to Supreme Court Rules 570 through 579, or from an | ||||||
7 | administrative adjudication of such an ordinance violation. | ||||||
8 | (Source: P.A. 101-191, eff. 8-2-19.)
| ||||||
9 | (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
| ||||||
10 | Sec. 12-901. Amount. Every individual
is entitled to an | ||||||
11 | estate of
homestead to the extent in value of the greater of | ||||||
12 | (1) the countywide median sale price for a single-family home | ||||||
13 | in the calendar year prior to the calendar year in which the | ||||||
14 | judgment debtor claims the exemption, not to exceed $600,000, | ||||||
15 | or (2) $300,000 $15,000 of his or her
interest in
a farm or lot | ||||||
16 | of land and
buildings thereon, a condominium, or personal | ||||||
17 | property,
owned or rightly possessed by lease or otherwise
and | ||||||
18 | occupied by him or her as a residence, or in a cooperative that | ||||||
19 | owns
property that the individual uses as a residence. That
| ||||||
20 | homestead and all
right in and title to that homestead is | ||||||
21 | exempt from
attachment, judgment, levy,
or judgment sale for | ||||||
22 | the payment of his or her debts or other purposes and
from the | ||||||
23 | laws of conveyance, descent, and legacy, except as provided in | ||||||
24 | this
Code or in Section 20-6 of
the Probate Act of
1975. This
| ||||||
25 | Section is not
applicable
between joint tenants or tenants in |
| |||||||
| |||||||
1 | common but it is applicable as to any
creditors of those | ||||||
2 | persons.
If 2 or more individuals own property that is exempt | ||||||
3 | as a homestead, the
value of the exemption of each individual | ||||||
4 | may not exceed his or her
proportionate share of the greater of | ||||||
5 | (1) the countywide median sale price for a single-family home | ||||||
6 | in the calendar year prior to the calendar year in which the | ||||||
7 | judgment debtor claims the exemption, not to exceed $600,000, | ||||||
8 | or (2) $300,000 $30,000 based upon percentage of
ownership.
| ||||||
9 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
10 | (735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
| ||||||
11 | Sec. 12-904. Release, waiver , or conveyance. No release, | ||||||
12 | waiver , or conveyance of the estate so exempted shall be
| ||||||
13 | valid, unless the same is in writing, signed by the individual
| ||||||
14 | and his
or her spouse, if he or she have one, or possession is | ||||||
15 | abandoned or
given pursuant to the conveyance; or if the | ||||||
16 | exception is continued to a
child or children without the | ||||||
17 | order of a court directing a release
thereof; but if a | ||||||
18 | conveyance is made by an individual
as grantor to his
or her | ||||||
19 | spouse, such conveyance shall be effectual to pass the title
| ||||||
20 | expressed therein to be conveyed thereby, whether or not the | ||||||
21 | grantor in
such conveyance is joined therein by his or her | ||||||
22 | spouse.
In any case
where such release, waiver , or conveyance | ||||||
23 | is taken by way of
mortgage or security, the same shall only be | ||||||
24 | operative as to such
specific release, waiver , or conveyance; | ||||||
25 | and when the same includes
different pieces of land, or the |
| |||||||
| |||||||
1 | homestead is of greater value than the greater of (1) the | ||||||
2 | countywide median sale price for a single-family home in the | ||||||
3 | calendar year prior to the calendar year in which the judgment | ||||||
4 | debtor claims the exemption, not to exceed $600,000, or (2) | ||||||
5 | $300,000
$15,000 , the other lands shall first be sold before | ||||||
6 | resorting to
the
homestead, and in case of the sale of such | ||||||
7 | homestead, if any balance
remains after the payment of the | ||||||
8 | debt and costs, such balance
shall, to the extent of the | ||||||
9 | greater of (1) the countywide median sale price for a | ||||||
10 | single-family home in the calendar year prior to the calendar | ||||||
11 | year in which the judgment debtor claims the exemption, not to | ||||||
12 | exceed $600,000, or (2) $300,000 $15,000 be exempt, and be | ||||||
13 | applied upon
such
homestead exemption in the manner provided | ||||||
14 | by law.
| ||||||
15 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
16 | (735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
| ||||||
17 | Sec. 12-906. Proceeds of sale. When a homestead is | ||||||
18 | conveyed by the owner
thereof, such
conveyance shall not | ||||||
19 | subject the premises to any lien or encumbrance incumbrance to
| ||||||
20 | which it would not be subject in the possession of such owner; | ||||||
21 | and the
proceeds thereof, to the extent of the amount of the | ||||||
22 | greater of (1) the countywide median sale price for a | ||||||
23 | single-family home in the calendar year prior to the calendar | ||||||
24 | year in which the judgment debtor claims the exemption, not to | ||||||
25 | exceed $600,000, or (2) $300,000 $15,000 , shall
be
exempt from |
| |||||||
| |||||||
1 | judgment or other process, for one year after the receipt
| ||||||
2 | thereof, by the person entitled to the exemption, and if | ||||||
3 | reinvested in a
homestead the same shall be entitled to the | ||||||
4 | same exemption as the
original homestead.
| ||||||
5 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
6 | (735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
| ||||||
7 | Sec. 12-909. Bid for less than exempted amount. No sale | ||||||
8 | shall be made
of the premises on such judgment
unless a greater | ||||||
9 | sum than the greater of (1) the countywide median sale price | ||||||
10 | for a single-family home in the calendar year prior to the | ||||||
11 | calendar year in which the judgment debtor claims the | ||||||
12 | exemption, not to exceed $600,000, or (2) $300,000 $15,000 is | ||||||
13 | bid therefor. If a
greater sum is not so bid, the judgment may | ||||||
14 | be set aside or modified, or
the enforcement of the judgment | ||||||
15 | released, as for lack of property.
| ||||||
16 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
17 | (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| ||||||
18 | Sec. 12-910. Proceedings to enforce judgment. If in the | ||||||
19 | opinion of the
judgment creditors, or the officer holding a | ||||||
20 | certified copy of a judgment
for enforcement against such | ||||||
21 | individuals, the premises claimed by him or her
as exempt are | ||||||
22 | worth more than the greater of (1) the countywide median sale | ||||||
23 | price for a single-family home in the calendar year prior to | ||||||
24 | the calendar year in which the judgment debtor claims the |
| |||||||
| |||||||
1 | exemption, not to exceed $600,000, or (2) $300,000 $15,000 , | ||||||
2 | such officer shall summon
3 individuals,
as commissioners, who | ||||||
3 | shall, upon oath, to be administered
to them by the officer, | ||||||
4 | appraise the premises, and if, in their opinion,
the property | ||||||
5 | may be divided without damage to the interest of the
parties, | ||||||
6 | they shall set off so much of the premises, including the | ||||||
7 | dwelling
house, as in their opinion is worth the greater of (1) | ||||||
8 | the countywide median sale price for a single-family home in | ||||||
9 | the calendar year prior to the calendar year in which the | ||||||
10 | judgment debtor claims the exemption, not to exceed $600,000, | ||||||
11 | or (2) $300,000 $15,000 , and the
residue of the premises may be | ||||||
12 | advertised and sold by such officer. Each
commissioner shall | ||||||
13 | receive for his or her services the sum of $5 per day
for each | ||||||
14 | day necessarily engaged in such service. The officer summoning | ||||||
15 | such
commissioners shall receive such fees as may be allowed | ||||||
16 | for serving
summons, but shall be entitled to charge mileage | ||||||
17 | for only the actual
distance traveled from the premises to be | ||||||
18 | appraised, to the residence of
the commissioners summoned. The | ||||||
19 | officer shall not be required
to summon commissioners until | ||||||
20 | the judgment creditor, or someone some one for him
or her, | ||||||
21 | shall advance to the officer one day's fees for the | ||||||
22 | commissioners,
and unless the creditor shall advance such fees | ||||||
23 | the officer shall not be
required to enforce the judgment. The | ||||||
24 | costs of such appraisement shall not
be taxed against the | ||||||
25 | judgment debtor unless such appraisement
shows that the | ||||||
26 | judgment debtor has property subject to such judgment.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
2 | (735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
| ||||||
3 | Sec. 12-911. Notice to judgment debtor. In case the value | ||||||
4 | of the premises
is, in the opinion of the commissioners, more | ||||||
5 | than the greater of (1) the countywide median sale price for a | ||||||
6 | single-family home in the calendar year prior to the calendar | ||||||
7 | year in which the judgment debtor claims the exemption, not to | ||||||
8 | exceed $600,000, or (2) $300,000 $15,000 , and
cannot be
| ||||||
9 | divided as is provided for in Section 12-910 of this Act, they | ||||||
10 | shall make
and sign an appraisal of the value thereof, and | ||||||
11 | deliver the same to the
officer, who shall deliver a copy | ||||||
12 | thereof to the judgment debtor, or to
some one of the family of | ||||||
13 | the age of 13 years or upwards, with a
notice thereto attached | ||||||
14 | that
unless the judgment debtor pays to such officer the | ||||||
15 | surplus over and above the greater of (1) the countywide | ||||||
16 | median sale price for a single-family home in the calendar | ||||||
17 | year prior to the calendar year in which the judgment debtor | ||||||
18 | claims the exemption, not to exceed $600,000, or (2) $300,000
| ||||||
19 | $15,000 on the amount due on the judgment within 60 days
| ||||||
20 | thereafter, such
premises will be sold.
| ||||||
21 | (Source: P.A. 94-293, eff. 1-1-06.)
| ||||||
22 | (735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
| ||||||
23 | Sec. 12-912. Sale of premises - Distribution of proceeds. | ||||||
24 | In case of such
surplus, or the amount due on the judgment is
|
| |||||||
| |||||||
1 | not paid within the 60 days, the officer may advertise and sell | ||||||
2 | the premises,
and out of the proceeds of such sale pay to such | ||||||
3 | judgment debtor the sum
of the greater of (1) the countywide | ||||||
4 | median sale price for a single-family home in the calendar | ||||||
5 | year prior to the calendar year in which the judgment debtor | ||||||
6 | claims the exemption, not to exceed $600,000, or (2) $300,000 | ||||||
7 | $15,000 , and apply the balance on the judgment.
| ||||||
8 | (Source: P.A. 94-293, eff. 1-1-06.)
|