093_HB1282
LRB093 06058 LCB 06161 b
1 AN ACT concerning civil procedure.
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 Section 12-910 as follows:
6 (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
7 Sec. 12-910. Proceedings to enforce judgment. If in the
8 opinion of the judgment creditors, or the officer holding a
9 certified copy of a judgment for enforcement against such
10 individuals, the premises claimed by him or her as exempt are
11 worth more than $7,500, the such officer shall summon 3
12 individuals, as commissioners, who shall, upon oath, to be
13 administered to them by the officer, appraise the premises,
14 and if, in their opinion, the property may be divided without
15 damage to the interest of the parties, they shall set off so
16 much of the premises, including the dwelling house, as in
17 their opinion is worth $7,500, and the residue of the
18 premises may be advertised and sold by such officer. Each
19 commissioner shall receive for his or her services the sum of
20 $5 per day for each day necessarily engaged in such service.
21 The officer summoning such commissioners shall receive such
22 fees as may be allowed for serving summons, but shall be
23 entitled to charge mileage for only the actual distance
24 traveled from the premises to be appraised, to the residence
25 of the commissioners summoned. The officer shall not be
26 required to summon commissioners until the judgment creditor,
27 or some one for him or her, shall advance to the officer one
28 day's fees for the commissioners, and unless the creditor
29 shall advance such fees the officer shall not be required to
30 enforce the judgment. The costs of such appraisement shall
31 not be taxed against the judgment debtor unless such
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1 appraisement shows that the judgment debtor has property
2 subject to such judgment.
3 (Source: P.A. 83-707.)