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1 | AN ACT concerning civil procedure.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Sections
2-1402, 12-705, 12-901, 12-904, 12-906, | ||||||
6 | 12-909, 12-910, 12-911, 12-912, and 12-1001 and by adding | ||||||
7 | Section 12-705 as
follows:
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8 | (735 ILCS 5/2-1402)
(from Ch. 110, par. 2-1402)
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9 | Sec. 2-1402. Supplementary proceedings.
| ||||||
10 | (a) A judgment creditor, or his or her successor in | ||||||
11 | interest when that
interest is made to appear of record, is | ||||||
12 | entitled to prosecute supplementary
proceedings for the | ||||||
13 | purposes of examining the judgment debtor or any other
person | ||||||
14 | to discover assets or income of the debtor not exempt from the
| ||||||
15 | enforcement of the judgment, a deduction order or garnishment, | ||||||
16 | and of
compelling the application of non-exempt assets or | ||||||
17 | income discovered toward the
payment of the amount due under | ||||||
18 | the judgment. A supplementary proceeding shall
be commenced by | ||||||
19 | the service of a citation issued by the clerk. The procedure
| ||||||
20 | for conducting supplementary proceedings shall be prescribed | ||||||
21 | by rules. It is
not a prerequisite to the commencement of a | ||||||
22 | supplementary proceeding that a
certified copy of the judgment | ||||||
23 | has been returned wholly or partly unsatisfied.
All citations | ||||||
24 | issued by the clerk shall have the following language, or
| ||||||
25 | language substantially similar thereto, stated prominently on | ||||||
26 | the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | ||||||
27 | AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT | ||||||
28 | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | ||||||
29 | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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30 | The court shall not grant a continuance of the supplementary | ||||||
31 | proceeding except
upon good cause shown.
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32 | (b) Any citation served upon a judgment debtor or any other |
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| |||||||
1 | person shall
include a certification by the attorney for the | ||||||
2 | judgment creditor or the
judgment creditor setting forth the | ||||||
3 | amount of the judgment, the date of the
judgment, or its | ||||||
4 | revival date, the balance due thereon, the name of the court,
| ||||||
5 | and the number of the case, and a copy of the citation notice | ||||||
6 | required by this
subsection. Whenever a citation is served upon | ||||||
7 | a person or party other than
the judgment debtor, the officer | ||||||
8 | or person serving the citation shall send to
the judgment | ||||||
9 | debtor, within three business days of the service upon the | ||||||
10 | cited
party, a copy of the citation and the citation notice, | ||||||
11 | which may be sent
by regular first-class mail to the judgment | ||||||
12 | debtor's last known address. In no
event shall a citation | ||||||
13 | hearing be held sooner than five business days after the
| ||||||
14 | mailing of the citation and citation notice to the judgment | ||||||
15 | debtor, except by
agreement of the parties. The citation notice | ||||||
16 | need not be mailed to a
corporation, partnership, or | ||||||
17 | association. The citation notice shall be in
substantially the | ||||||
18 | following form:
| ||||||
19 | "CITATION NOTICE
| ||||||
20 | (Name and address of Court)
| ||||||
21 | Name of Case: (Name of Judgment Creditor),
| ||||||
22 | Judgment Creditor v.
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23 | (Name of Judgment Debtor),
| ||||||
24 | Judgment Debtor.
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25 | Address of Judgment Debtor: (Insert last known
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26 | address)
| ||||||
27 | Name and address of Attorney for Judgment
| ||||||
28 | Creditor or of Judgment Creditor (If no
| ||||||
29 | attorney is listed): (Insert name and address)
| ||||||
30 | Amount of Judgment: $ (Insert amount)
| ||||||
31 | Name of Person Receiving Citation: (Insert name)
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32 | Court Date and Time: (Insert return date and time
| ||||||
33 | specified in citation)
| ||||||
34 | NOTICE: The court has issued a citation against the person | ||||||
35 | named above. The
citation directs that person to appear in | ||||||
36 | court to be examined for the purpose
of allowing the judgment |
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| |||||||
1 | creditor to discover income and assets belonging to
the | ||||||
2 | judgment debtor or in which the judgment debtor has an | ||||||
3 | interest. The
citation was issued on the basis of a judgment | ||||||
4 | against the judgment debtor in
favor of the judgment creditor | ||||||
5 | in the amount stated above. On or after the
court date stated | ||||||
6 | above, the court may compel the application of any
discovered | ||||||
7 | income or assets toward payment on the judgment.
| ||||||
8 | The amount of income or assets that may be applied toward | ||||||
9 | the judgment is
limited by federal and Illinois law. The | ||||||
10 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
11 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | ||||||
12 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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13 | ABOVE:
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14 | (1) Under Illinois or federal law, the exemptions of | ||||||
15 | personal property
owned by the debtor include the debtor's | ||||||
16 | equity interest, not to exceed
$4,000
$2,000
in value, in | ||||||
17 | any personal property as chosen by the debtor; Social | ||||||
18 | Security and
SSI benefits; public assistance benefits; | ||||||
19 | unemployment compensation benefits;
worker's compensation | ||||||
20 | benefits; veteran's benefits; circuit breaker property
tax | ||||||
21 | relief benefits; the debtor's equity interest, not to | ||||||
22 | exceed $2,400
$1,200 in
value, in any one motor vehicle, | ||||||
23 | and the debtor's equity interest, not to
exceed $1,500
$750
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24 | in value, in any implements, professional books, or
tools | ||||||
25 | of the
trade of the debtor.
| ||||||
26 | (2) Under Illinois law, every person is entitled to an | ||||||
27 | estate in
homestead, when it is owned and occupied as a | ||||||
28 | residence, to the extent in value
of $15,000
$7,500 , which | ||||||
29 | homestead is exempt from
judgment.
| ||||||
30 | (3) Under Illinois law, the amount of wages that may be | ||||||
31 | applied toward a
judgment is limited to the lesser of (i) | ||||||
32 | 15% of gross weekly wages or (ii) the
amount by which | ||||||
33 | disposable earnings for a week exceed the total of 45 times | ||||||
34 | the
federal minimum hourly wage.
| ||||||
35 | (4) Under federal law, the amount of wages that may be | ||||||
36 | applied toward a
judgment is limited to the lesser of (i) |
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| |||||||
1 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
2 | which disposable earnings for a week exceed 30 times the
| ||||||
3 | federal minimum hourly wage.
| ||||||
4 | (5) Pension and retirement benefits and refunds may be | ||||||
5 | claimed as exempt
under Illinois law.
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6 | The judgment debtor may have other possible exemptions | ||||||
7 | under the law.
| ||||||
8 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | ||||||
9 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | ||||||
10 | judgment debtor also has the right to
seek a declaration at an | ||||||
11 | earlier date, by notifying the clerk in writing at
(insert | ||||||
12 | address of clerk). When so notified, the Clerk of the Court | ||||||
13 | will
obtain a prompt hearing date from the court and will
| ||||||
14 | provide the necessary forms that must be prepared by the | ||||||
15 | judgment debtor or the
attorney for the judgment debtor and | ||||||
16 | sent to the judgment creditor and the
judgment creditor's | ||||||
17 | attorney regarding the time and location of the hearing.
This | ||||||
18 | notice may be sent by regular first class mail."
| ||||||
19 | (c) When assets or income of the judgment debtor not exempt | ||||||
20 | from
the satisfaction of a judgment, a deduction order or | ||||||
21 | garnishment are
discovered, the court may, by appropriate order | ||||||
22 | or judgment:
| ||||||
23 | (1) Compel the judgment debtor to deliver up, to be | ||||||
24 | applied in
satisfaction of the judgment, in whole or in | ||||||
25 | part, money, choses in
action, property or effects in his | ||||||
26 | or her possession or control, so discovered,
capable of | ||||||
27 | delivery and to which his or her title or right of | ||||||
28 | possession is not
substantially disputed.
| ||||||
29 | (2) Compel the judgment debtor to pay to the judgment | ||||||
30 | creditor or
apply on the judgment, in installments, a | ||||||
31 | portion of his or her income, however
or whenever earned or | ||||||
32 | acquired, as the court may deem proper, having due
regard | ||||||
33 | for the reasonable requirements of the judgment debtor and | ||||||
34 | his or her
family, if dependent upon him or her, as well as | ||||||
35 | any payments required to be
made by prior order of court or | ||||||
36 | under wage assignments outstanding; provided
that the |
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| |||||||
1 | judgment debtor shall not be compelled to pay income which | ||||||
2 | would be
considered exempt as wages under the Wage | ||||||
3 | Deduction Statute. The court may
modify an order for | ||||||
4 | installment payments, from time to time, upon application
| ||||||
5 | of either party upon notice to the other.
| ||||||
6 | (3) Compel any person cited, other than the judgment | ||||||
7 | debtor, to
deliver up any assets so discovered, to be | ||||||
8 | applied in satisfaction of
the judgment, in whole or in | ||||||
9 | part, when those assets are held under such
circumstances | ||||||
10 | that in an action by the judgment debtor he or she could | ||||||
11 | recover
them in specie or obtain a judgment for the | ||||||
12 | proceeds or value thereof as
for conversion or | ||||||
13 | embezzlement.
| ||||||
14 | (4) Enter any order upon or judgment against the person | ||||||
15 | cited that
could be entered in any garnishment proceeding.
| ||||||
16 | (5) Compel any person cited to execute an assignment of | ||||||
17 | any chose in
action or a conveyance of title to real or | ||||||
18 | personal property, in the
same manner and to the same | ||||||
19 | extent as a court could do in any proceeding
by a judgment | ||||||
20 | creditor to enforce payment of a judgment or in aid of
the | ||||||
21 | enforcement of a judgment.
| ||||||
22 | (6) Authorize the judgment creditor to maintain an | ||||||
23 | action against
any person or corporation that, it appears | ||||||
24 | upon proof satisfactory to
the court, is indebted to the | ||||||
25 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
26 | transfer or other disposition of the debt until an
action | ||||||
27 | can be commenced and prosecuted to judgment, direct that | ||||||
28 | the
papers or proof in the possession or control of the | ||||||
29 | debtor and necessary
in the prosecution of the action be | ||||||
30 | delivered to the creditor or
impounded in court, and | ||||||
31 | provide for the disposition of any moneys in
excess of the | ||||||
32 | sum required to pay the judgment creditor's judgment and
| ||||||
33 | costs allowed by the court.
| ||||||
34 | (d) No order or judgment shall be entered under subsection | ||||||
35 | (c) in favor of
the judgment creditor unless there appears of | ||||||
36 | record a certification of
mailing showing that a copy of the |
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| |||||||
1 | citation and a copy of the citation notice
was mailed to the | ||||||
2 | judgment debtor as required by subsection (b).
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3 | (e) All property ordered to be delivered up shall, except | ||||||
4 | as
otherwise provided in this Section, be delivered to the | ||||||
5 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
6 | and the proceeds thereof
applied towards the payment of costs | ||||||
7 | and the satisfaction of the judgment.
| ||||||
8 | (f) (1) The citation may prohibit the party to whom it is | ||||||
9 | directed from
making or allowing any transfer or other | ||||||
10 | disposition of, or interfering with,
any property not | ||||||
11 | exempt from the enforcement of a judgment therefrom, a
| ||||||
12 | deduction order or garnishment, belonging to the judgment | ||||||
13 | debtor or to which he
or she may be entitled or which may | ||||||
14 | thereafter be acquired by or become due to
him or her, and | ||||||
15 | from paying over or otherwise disposing of any moneys not | ||||||
16 | so
exempt which are due or to become due to the judgment | ||||||
17 | debtor, until the further
order of the court or the | ||||||
18 | termination of the proceeding, whichever occurs
first. The | ||||||
19 | third party may not be obliged to withhold the payment of | ||||||
20 | any
moneys beyond double the amount of the balance due | ||||||
21 | sought to be enforced by the
judgment creditor. The court | ||||||
22 | may punish any party who violates the restraining
provision | ||||||
23 | of a citation as and for a contempt, or if the party is a | ||||||
24 | third party
may enter judgment against him or her in the | ||||||
25 | amount of the unpaid portion of
the judgment and costs | ||||||
26 | allowable under this Section, or in the amount of the
value | ||||||
27 | of the property transferred, whichever is lesser.
| ||||||
28 | (2) The court may enjoin any person, whether or not a | ||||||
29 | party to the
supplementary proceeding, from making or | ||||||
30 | allowing any transfer or other
disposition of, or | ||||||
31 | interference with, the property of the judgment
debtor not | ||||||
32 | exempt from the enforcement of a judgment, a deduction | ||||||
33 | order or
garnishment, or the property or debt not so exempt | ||||||
34 | concerning which any
person is required to attend and be | ||||||
35 | examined until further direction in the
premises. The | ||||||
36 | injunction order shall remain in effect until vacated by |
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| |||||||
1 | the
court or until the proceeding is terminated, whichever | ||||||
2 | first occurs.
| ||||||
3 | (g) If it appears that any property, chose in action, | ||||||
4 | credit or
effect discovered, or any interest therein, is | ||||||
5 | claimed by any person, the court
shall, as in garnishment | ||||||
6 | proceedings, permit or require the claimant to appear
and | ||||||
7 | maintain his or her right. The rights of the person cited
and | ||||||
8 | the rights of any adverse claimant shall be asserted and | ||||||
9 | determined
pursuant to the law relating to garnishment | ||||||
10 | proceedings.
| ||||||
11 | (h) Costs in proceedings authorized by this Section shall | ||||||
12 | be
allowed, assessed and paid in accordance with rules, | ||||||
13 | provided that if the
court determines, in its discretion, that | ||||||
14 | costs incurred by the judgment
creditor were improperly | ||||||
15 | incurred, those costs shall be paid by the judgment
creditor.
| ||||||
16 | (i) This Section is in addition to and does not affect
| ||||||
17 | enforcement of judgments or proceedings supplementary thereto, | ||||||
18 | by any other
methods now or hereafter provided by law.
| ||||||
19 | (j) This Section does not grant the power to any court to | ||||||
20 | order
installment or other payments from, or compel the sale, | ||||||
21 | delivery,
surrender, assignment or conveyance of any property | ||||||
22 | exempt by statute
from the enforcement of a judgment thereon, a | ||||||
23 | deduction order, garnishment,
attachment, sequestration, | ||||||
24 | process or other levy or seizure.
| ||||||
25 | (k) (Blank).
| ||||||
26 | (l) At any citation hearing at which the judgment debtor | ||||||
27 | appears and seeks
a declaration that certain of his or her | ||||||
28 | income or assets are exempt, the court
shall proceed to | ||||||
29 | determine whether the property which the judgment debtor
| ||||||
30 | declares to be exempt is exempt from judgment. At any time | ||||||
31 | before the return
date specified on the citation, the judgment | ||||||
32 | debtor may request, in writing, a
hearing to declare exempt | ||||||
33 | certain income and assets by notifying the clerk of
the court | ||||||
34 | before that time, using forms as may be provided by the clerk | ||||||
35 | of the
court. The clerk of the court will obtain a prompt | ||||||
36 | hearing date from the
court and will provide the necessary |
| |||||||
| |||||||
1 | forms that must be prepared by the
judgment debtor or the | ||||||
2 | attorney for the judgment debtor and sent to the
judgment | ||||||
3 | creditor, or the judgment creditor's attorney, regarding the | ||||||
4 | time and
location of the hearing. This notice may be sent by | ||||||
5 | regular first class mail.
At the hearing, the court shall | ||||||
6 | immediately, unless for good cause shown that
the hearing is to | ||||||
7 | be continued, shall proceed to determine whether the property
| ||||||
8 | which the judgment debtor declares to be exempt is exempt from | ||||||
9 | judgment. The
restraining provisions of subsection (f) shall | ||||||
10 | not apply to any property
determined by the court to be exempt.
| ||||||
11 | (m) The judgment or balance due on the judgment becomes a | ||||||
12 | lien when a
citation is served in accordance with subsection | ||||||
13 | (a) of this Section. The lien
binds nonexempt personal | ||||||
14 | property, including money, choses in action, and
effects of the | ||||||
15 | judgment debtor as follows:
| ||||||
16 | (1) When the citation is directed against the judgment | ||||||
17 | debtor, upon all
personal property belonging to the | ||||||
18 | judgment debtor in the possession or control
of the | ||||||
19 | judgment debtor or which may thereafter be acquired or come | ||||||
20 | due to the
judgment debtor to the time of the disposition | ||||||
21 | of the citation.
| ||||||
22 | (2) When the citation is directed against a third | ||||||
23 | party, upon all personal
property belonging to the judgment | ||||||
24 | debtor in the possession or control of the
third party or | ||||||
25 | which thereafter may be acquired or come due the judgment | ||||||
26 | debtor
and comes into the possession or control of the | ||||||
27 | third party to the time of the
disposition of the citation.
| ||||||
28 | The lien established under this Section does not affect the | ||||||
29 | rights of
citation respondents in property prior to the service | ||||||
30 | of the citation upon them
and does not affect the rights of | ||||||
31 | bona fide purchasers or lenders without
notice of the citation. | ||||||
32 | The lien is effective for the period specified by
Supreme Court | ||||||
33 | Rule.
| ||||||
34 | This subsection (m), as added by Public Act 88-48, is a | ||||||
35 | declaration of
existing law.
| ||||||
36 | (n) If any provision of this Act or its application to any |
| |||||||
| |||||||
1 | person or
circumstance is held invalid, the invalidity of that | ||||||
2 | provision or application
does not affect the provisions or | ||||||
3 | applications of the Act that can be given
effect without the | ||||||
4 | invalid provision or application.
| ||||||
5 | (Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff. | ||||||
6 | 12-2-94;
89-364, eff. 1-1-96.)
| ||||||
7 | (735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| ||||||
8 | Sec. 12-705. Summons.
| ||||||
9 | (a) Summons shall be returnable not less than 21 nor more | ||||||
10 | than 30 days after
the date of issuance. Summons with 4 copies | ||||||
11 | of the interrogatories shall be
served and returned as in other | ||||||
12 | civil cases. If the garnishee is served with
summons less than | ||||||
13 | 10 days prior to the return date, the court shall continue
the | ||||||
14 | case to a new return date 14 days after the return date stated | ||||||
15 | on the
summons. The summons shall be in a form consistent with | ||||||
16 | local court rules. The
summons shall be accompanied by a copy | ||||||
17 | of the underlying judgment or a
certification by the clerk of | ||||||
18 | the court that entered the judgment, or by the
attorney for the | ||||||
19 | judgment creditor, setting forth the amount of the judgment,
| ||||||
20 | the name of the court and the number of the case and one copy of | ||||||
21 | a garnishment
notice in substantially the following form:
| ||||||
22 | "GARNISHMENT NOTICE
| ||||||
23 | (Name and address of Court)
| ||||||
24 | Name of Case: (Name of Judgment Creditor),
| ||||||
25 | Judgment Creditor v.
| ||||||
26 | (Name of Judgement Debtor),
| ||||||
27 | Judgment Debtor.
| ||||||
28 | Address of Judgment Debtor: (Insert last known address)
| ||||||
29 | Name and address of Attorney for Judgment
| ||||||
30 | Creditor or of Judgment Creditor (If no
| ||||||
31 | attorney is listed): (Insert name and address)
| ||||||
32 | Amount of Judgment: $(Insert amount)
| ||||||
33 | Name of Garnishee: (Insert name)
| ||||||
34 | Return Date: (Insert return date specified in summons)
| ||||||
35 | NOTICE: The court has issued a garnishment summons against |
| |||||||
| |||||||
1 | the garnishee
named above for money or property (other than | ||||||
2 | wages) belonging to the
judgment debtor or in which the | ||||||
3 | judgment debtor has an interest. The
garnishment summons was | ||||||
4 | issued on the basis of a judgment against the
judgment debtor | ||||||
5 | in favor of the judgment creditor in the amount stated above.
| ||||||
6 | The amount of money or property (other than wages) that may | ||||||
7 | be garnished
is limited by federal and Illinois law. The | ||||||
8 | judgment debtor has the right
to assert statutory exemptions | ||||||
9 | against certain money or property of the
judgment debtor which | ||||||
10 | may not be used to satisfy the judgment in the amount
stated | ||||||
11 | above.
| ||||||
12 | Under Illinois or federal law, the exemptions of personal | ||||||
13 | property owned
by the debtor include the debtor's equity | ||||||
14 | interest, not to exceed $4,000
$2,000 in
value, in any personal | ||||||
15 | property as chosen by the debtor; Social Security
and SSI | ||||||
16 | benefits; public assistance benefits; unemployment | ||||||
17 | compensation
benefits; workers' compensation benefits; | ||||||
18 | veterans' benefits; circuit
breaker property tax relief | ||||||
19 | benefits; the debtor's equity interest, not to
exceed $2,400
| ||||||
20 | $1,200 in value, in any one motor vehicle, and the debtor's | ||||||
21 | equity
interest, not to exceed $1,500
$750 in value, in any | ||||||
22 | implements, professional
books or tools of the trade of the | ||||||
23 | debtor.
| ||||||
24 | The judgment debtor may have other possible exemptions from | ||||||
25 | garnishment
under the law.
| ||||||
26 | The judgment debtor has the right to request a hearing | ||||||
27 | before the court
to dispute the garnishment or to declare | ||||||
28 | exempt from garnishment certain
money or property or both. To | ||||||
29 | obtain a hearing in counties with a
population of 1,000,000 or | ||||||
30 | more, the judgment debtor must
notify the Clerk of the Court in | ||||||
31 | person and in writing at (insert address
of Clerk) before the | ||||||
32 | return date specified above or appear in court on the
date and | ||||||
33 | time on that return date. To obtain a hearing in counties with | ||||||
34 | a
population of less than 1,000,000, the judgment debtor must | ||||||
35 | notify the
Clerk of the Court in writing at (insert address of | ||||||
36 | Clerk) on or before the
return date specified above. The Clerk |
| |||||||
| |||||||
1 | of the Court will provide a hearing
date and the necessary | ||||||
2 | forms that must be prepared by the judgment debtor or
the | ||||||
3 | attorney for the judgment debtor and sent to the judgment | ||||||
4 | creditor and the
garnishee regarding the time and location of | ||||||
5 | the hearing. This notice may be
sent by regular first class | ||||||
6 | mail."
| ||||||
7 | (b) An officer or other person authorized by law to serve | ||||||
8 | process shall
serve the summons, interrogatories and the | ||||||
9 | garnishment notice required by
subsection (a) of this Section | ||||||
10 | upon the garnishee and shall, (1) within 2
business days of the | ||||||
11 | service upon the garnishee, mail a copy of the
garnishment | ||||||
12 | notice and the summons to the judgment debtor by first class
| ||||||
13 | mail at the judgment debtor's address indicated in the | ||||||
14 | garnishment notice
and (2) within 4 business days of the | ||||||
15 | service upon the garnishee file with
the clerk of the court a | ||||||
16 | certificate of mailing in substantially the following
form:
| ||||||
17 | "CERTIFICATE OF MAILING
| ||||||
18 | I hereby certify that, within 2 business days of service | ||||||
19 | upon the
garnishee of the garnishment summons, interrogatories | ||||||
20 | and garnishment
notice, I served upon the judgment debtor in | ||||||
21 | this cause a copy of the
garnishment summons and garnishment | ||||||
22 | notice by first class mail to the
judgment debtor's address as | ||||||
23 | indicated in the garnishment notice.
| ||||||
24 | Date:............ .........................
| ||||||
25 | Signature"
| ||||||
26 | In the case of service of the summons for garnishment upon | ||||||
27 | the garnishee
by certified or registered mail, as provided in | ||||||
28 | subsection (c) of this Section,
no sooner than 2 business days | ||||||
29 | nor later than 4 business days after the date of
mailing, the | ||||||
30 | clerk shall mail a copy of the garnishment notice and the | ||||||
31 | summons
to the judgment debtor by first class mail at the | ||||||
32 | judgment debtor's address
indicated in the garnishment notice, | ||||||
33 | shall prepare the Certificate of Mailing
described by this | ||||||
34 | subsection, and shall include the Certificate of Mailing in a
| ||||||
35 | permanent record.
| ||||||
36 | (c) In a county with a population of less than 1,000,000, |
| |||||||
| |||||||
1 | unless otherwise
provided by circuit court rule, at the request | ||||||
2 | of the judgment creditor or his
or her attorney and instead of | ||||||
3 | personal service, service of a summons for
garnishment may be | ||||||
4 | made as follows:
| ||||||
5 | (1) For each garnishee to be served, the judgment | ||||||
6 | creditor or his or her
attorney shall pay to the clerk of | ||||||
7 | the court a fee of $2, plus the cost of
mailing, and | ||||||
8 | furnish to the clerk an original and 2 copies of a summons, | ||||||
9 | an
original and one copy of the interrogatories, an | ||||||
10 | affidavit setting forth the
garnishee's mailing address, | ||||||
11 | an original and 2 copies of the garnishment
notice required | ||||||
12 | by subsection (a) of this Section, and a copy of the | ||||||
13 | judgment
or certification described in subsection (a) of | ||||||
14 | this Section. The original
judgment shall be retained by | ||||||
15 | the clerk.
| ||||||
16 | (2) The clerk shall mail to the garnishee, at the | ||||||
17 | address appearing in the
affidavit, the copy of the | ||||||
18 | judgment or certification described in subsection
(a) of | ||||||
19 | this Section, the summons, the interrogatories, and the | ||||||
20 | garnishment
notice required by subsection (a) of this | ||||||
21 | Section, by certified or registered
mail, return receipt | ||||||
22 | requested, showing to whom delivered and the date and
| ||||||
23 | address of delivery. This Mailing shall be mailed on a | ||||||
24 | "restricted delivery"
basis when service is directed to a | ||||||
25 | natural person. The envelope and return
receipt shall bear | ||||||
26 | the return address of the clerk, and the return receipt
| ||||||
27 | shall be stamped with the docket number of the case. The | ||||||
28 | receipt for certified
or registered mail shall state the | ||||||
29 | name and address of the addressee, the date
of the mailing, | ||||||
30 | shall identify the documents mailed, and shall be attached | ||||||
31 | to
the original summons.
| ||||||
32 | (3) The return receipt must be attached to the original | ||||||
33 | summons and, if it
shows delivery at least 10 days before | ||||||
34 | the day for the return date, shall
constitute proof of | ||||||
35 | service of any documents identified on the return receipt
| ||||||
36 | as having been mailed.
|
| |||||||
| |||||||
1 | (4) The clerk shall note the fact of service in a | ||||||
2 | permanent record.
| ||||||
3 | (Source: P.A. 87-1252; 88-492 .)
| ||||||
4 | (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
| ||||||
5 | Sec. 12-901. Amount. Every individual
is entitled to an | ||||||
6 | estate of
homestead to the extent in value of $15,000
$7,500 of | ||||||
7 | his or her
interest in
a farm or lot of land and
buildings | ||||||
8 | thereon, a condominium, or personal property,
owned or rightly | ||||||
9 | possessed by lease or otherwise
and occupied by him or her as a | ||||||
10 | residence, or in a cooperative that owns
property that the | ||||||
11 | individual uses as a residence. That
homestead and all
right in | ||||||
12 | and title to that homestead is exempt from
attachment, | ||||||
13 | judgment, levy,
or judgment sale for the payment of his or her | ||||||
14 | debts or other purposes and
from the laws of conveyance, | ||||||
15 | descent, and legacy, except as provided in this
Code or in | ||||||
16 | Section 20-6 of
the Probate Act of
1975. This
Section is not
| ||||||
17 | applicable
between joint tenants or tenants in common but it is | ||||||
18 | applicable as to any
creditors of those persons.
If 2 or more | ||||||
19 | individuals own property that is exempt as a homestead, the
| ||||||
20 | value of the exemption of each individual may not exceed his or | ||||||
21 | her
proportionate share of $30,000
$15,000 based upon | ||||||
22 | percentage of
ownership.
| ||||||
23 | (Source: P.A. 88-672, eff. 12-14-94.)
| ||||||
24 | (735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
| ||||||
25 | Sec. 12-904. Release, waiver or conveyance. No release, | ||||||
26 | waiver or conveyance of the estate so exempted shall be
valid, | ||||||
27 | unless the same is in writing, signed by the individual
and his
| ||||||
28 | or her spouse, if he or she have one, or possession is | ||||||
29 | abandoned or
given pursuant to the conveyance; or if the | ||||||
30 | exception is continued to a
child or children without the order | ||||||
31 | of a court directing a release
thereof; but if a conveyance is | ||||||
32 | made by an individual
as grantor to his
or her spouse, such | ||||||
33 | conveyance shall be effectual to pass the title
expressed | ||||||
34 | therein to be conveyed thereby, whether or not the grantor in
|
| |||||||
| |||||||
1 | such conveyance is joined therein by his or her spouse.
In any | ||||||
2 | case
where such release, waiver or conveyance is taken by way | ||||||
3 | of
mortgage or security, the same shall only be operative as to | ||||||
4 | such
specific release, waiver or conveyance; and when the same | ||||||
5 | includes
different pieces of land, or the homestead is of | ||||||
6 | greater value than
$15,000
$7,500 , the other lands shall first | ||||||
7 | be sold before resorting to
the
homestead, and in case of the | ||||||
8 | sale of such homestead, if any balance
remains after the | ||||||
9 | payment of the debt and costs, such balance
shall, to the | ||||||
10 | extent of $15,000
$7,500 be exempt, and be applied upon
such
| ||||||
11 | homestead exemption in the manner provided by law.
| ||||||
12 | (Source: P.A. 82-783.)
| ||||||
13 | (735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
| ||||||
14 | Sec. 12-906. Proceeds of sale. When a homestead is conveyed | ||||||
15 | by the owner
thereof, such
conveyance shall not subject the | ||||||
16 | premises to any lien or incumbrance to
which it would not be | ||||||
17 | subject in the possession of such owner; and the
proceeds | ||||||
18 | thereof, to the extent of the amount of $15,000
$7,500 , shall
| ||||||
19 | be
exempt from judgment or other process, for one year after | ||||||
20 | the receipt
thereof, by the person entitled to the exemption, | ||||||
21 | and if reinvested in a
homestead the same shall be entitled to | ||||||
22 | the same exemption as the
original homestead.
| ||||||
23 | (Source: P.A. 82-783.)
| ||||||
24 | (735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
| ||||||
25 | Sec. 12-909. Bid for less than exempted amount. No sale | ||||||
26 | shall be made
of the premises on such judgment
unless a greater | ||||||
27 | sum than $15,000
$7,500 is bid therefor. If a
greater sum is | ||||||
28 | not so bid, the judgment may be set aside or modified, or
the | ||||||
29 | enforcement of the judgment released, as for lack of property.
| ||||||
30 | (Source: P.A. 82-783.)
| ||||||
31 | (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| ||||||
32 | Sec. 12-910. Proceedings to enforce judgment. If in the | ||||||
33 | opinion of the
judgment creditors, or the officer holding a |
| |||||||
| |||||||
1 | certified copy of a judgment
for enforcement against such | ||||||
2 | individuals, the premises claimed by him or her
as exempt are | ||||||
3 | worth more than $15,000
$7,500 , such officer shall summon
3 | ||||||
4 | individuals,
as commissioners, who shall, upon oath, to be | ||||||
5 | administered
to them by the officer, appraise the premises, and | ||||||
6 | if, in their opinion,
the property may be divided without | ||||||
7 | damage to the interest of the
parties, they shall set off so | ||||||
8 | much of the premises, including the dwelling
house, as in their | ||||||
9 | opinion is worth $15,000
$7,500 , and the
residue of the | ||||||
10 | premises may be advertised and sold by such officer. Each
| ||||||
11 | commissioner shall receive for his or her services the sum of | ||||||
12 | $5 per day
for each day necessarily engaged in such service. | ||||||
13 | The officer summoning such
commissioners shall receive such | ||||||
14 | fees as may be allowed for serving
summons, but shall be | ||||||
15 | entitled to charge mileage for only the actual
distance | ||||||
16 | traveled from the premises to be appraised, to the residence of
| ||||||
17 | the commissioners summoned. The officer shall not be required
| ||||||
18 | to summon commissioners until the judgment creditor, or some | ||||||
19 | one for him
or her, shall advance to the officer one day's fees | ||||||
20 | for the commissioners,
and unless the creditor shall advance | ||||||
21 | such fees the officer shall not be
required to enforce the | ||||||
22 | judgment. The costs of such appraisement shall not
be taxed | ||||||
23 | against the judgment debtor unless such appraisement
shows that | ||||||
24 | the judgment debtor has property subject to such judgment.
| ||||||
25 | (Source: P.A. 83-707.)
| ||||||
26 | (735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
| ||||||
27 | Sec. 12-911. Notice to judgment debtor. In case the value | ||||||
28 | of the premises
is, in the opinion of the commissioners, more | ||||||
29 | than $15,000
$7,500 , and
cannot be
divided as is provided for | ||||||
30 | in Section 12-910 of this Act, they shall make
and sign an | ||||||
31 | appraisal of the value thereof, and deliver the same to the
| ||||||
32 | officer, who shall deliver a copy thereof to the judgment | ||||||
33 | debtor, or to
some one of the family of the age of 13 years or | ||||||
34 | upwards, with a
notice thereto attached that
unless the | ||||||
35 | judgment debtor pays to such officer the surplus over and above
|
| |||||||
| |||||||
1 | $15,000
$7,500 on the amount due on the judgment within 60 days
| ||||||
2 | thereafter, such
premises will be sold.
| ||||||
3 | (Source: P.A. 83-356.)
| ||||||
4 | (735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
| ||||||
5 | Sec. 12-912. Sale of premises - Distribution of proceeds. | ||||||
6 | In case of such
surplus, or the amount due on the judgment is
| ||||||
7 | not paid within the 60 days, the officer may advertise and sell | ||||||
8 | the premises,
and out of the proceeds of such sale pay to such | ||||||
9 | judgment debtor the sum
of $15,000
$7,500 , and apply the | ||||||
10 | balance on the judgment.
| ||||||
11 | (Source: P.A. 82-783.)
| ||||||
12 | (735 ILCS 5/12-1001)
(from Ch. 110, par. 12-1001)
| ||||||
13 | Sec. 12-1001. Personal property exempt. The following | ||||||
14 | personal property,
owned by the debtor, is exempt from | ||||||
15 | judgment, attachment, or distress for rent:
| ||||||
16 | (a) The necessary wearing apparel, bible, school | ||||||
17 | books, and family
pictures of the debtor and the debtor's | ||||||
18 | dependents;
| ||||||
19 | (b) The debtor's equity interest, not to exceed $4,000
| ||||||
20 | $2,000 in
value, in any
other property;
| ||||||
21 | (c) The debtor's interest, not to exceed $2,400
$1,200
| ||||||
22 | in value,
in any one motor
vehicle;
| ||||||
23 | (d) The debtor's equity interest, not to exceed $1,500
| ||||||
24 | $750 in
value,
in any
implements, professional books, or | ||||||
25 | tools of the trade of the debtor;
| ||||||
26 | (e) Professionally prescribed health aids for the | ||||||
27 | debtor or a dependent of
the debtor;
| ||||||
28 | (f) All proceeds payable because of the death of the | ||||||
29 | insured and the
aggregate net cash value of any or all life | ||||||
30 | insurance and endowment
policies and annuity contracts | ||||||
31 | payable to a wife or husband of the insured,
or to a child, | ||||||
32 | parent, or other person dependent upon the insured, whether
| ||||||
33 | the power to change the beneficiary is reserved to the | ||||||
34 | insured or not and
whether the insured or the insured's |
| |||||||
| |||||||
1 | estate is a contingent beneficiary or not;
| ||||||
2 | (g) The debtor's right to receive:
| ||||||
3 | (1) a social security benefit, unemployment | ||||||
4 | compensation, or public
assistance benefit;
| ||||||
5 | (2) a veteran's benefit;
| ||||||
6 | (3) a disability, illness, or unemployment | ||||||
7 | benefit; and
| ||||||
8 | (4) alimony, support, or separate maintenance, to | ||||||
9 | the extent reasonably
necessary for the support of the | ||||||
10 | debtor and any dependent of the debtor.
| ||||||
11 | (h) The debtor's right to receive, or property that is | ||||||
12 | traceable to:
| ||||||
13 | (1) an award under a crime victim's reparation law;
| ||||||
14 | (2) a payment on account of the wrongful death of | ||||||
15 | an individual of whom
the debtor was a dependent, to | ||||||
16 | the extent reasonably necessary for the support
of the | ||||||
17 | debtor;
| ||||||
18 | (3) a payment under a life insurance contract that | ||||||
19 | insured the life of
an individual of whom the debtor | ||||||
20 | was a dependent, to the extent reasonably
necessary for | ||||||
21 | the support of the debtor or a dependent of the debtor;
| ||||||
22 | (4) a payment, not to exceed $15,000
$7,500 in | ||||||
23 | value, on account
of personal
bodily injury of the | ||||||
24 | debtor or an individual of whom the debtor was a
| ||||||
25 | dependent; and
| ||||||
26 | (5) any restitution payments made to persons | ||||||
27 | pursuant to the federal
Civil Liberties Act of 1988 and | ||||||
28 | the Aleutian and Pribilof Island
Restitution Act, P.L. | ||||||
29 | 100-383.
| ||||||
30 | For purposes of this subsection (h), a debtor's right | ||||||
31 | to receive an award
or payment shall be exempt for a | ||||||
32 | maximum of 2 years after the debtor's right
to receive the | ||||||
33 | award or payment accrues; property traceable to an
award or | ||||||
34 | payment shall be exempt for a maximum of 5 years after the | ||||||
35 | award
or payment accrues; and an award or payment and | ||||||
36 | property traceable
to an award or payment shall be exempt |
| |||||||
| |||||||
1 | only to the extent of the amount
of the award or payment, | ||||||
2 | without interest or appreciation from the date
of the award | ||||||
3 | or payment.
| ||||||
4 | (i) The debtor's right to receive an award under Part | ||||||
5 | 20 of Article II of
this Code relating to crime victims' | ||||||
6 | awards.
| ||||||
7 | Money due the debtor from the sale of any personal property | ||||||
8 | that was
exempt from judgment, attachment, or distress for rent | ||||||
9 | at the
time of the sale is exempt from attachment and | ||||||
10 | garnishment to the same
extent that the property would be | ||||||
11 | exempt had the same not been sold by
the debtor.
| ||||||
12 | If a debtor owns property exempt under this Section and he | ||||||
13 | or she purchased
that property with the intent of converting | ||||||
14 | nonexempt property into exempt
property or in fraud of his or | ||||||
15 | her creditors, that property shall not be
exempt from judgment, | ||||||
16 | attachment, or distress for rent. Property acquired
within 6 | ||||||
17 | months of the filing of the petition for bankruptcy shall be | ||||||
18 | presumed
to have been acquired in contemplation of bankruptcy.
| ||||||
19 | The personal property exemptions set forth in this Section | ||||||
20 | shall apply
only to individuals and only to personal property | ||||||
21 | that is used for personal
rather than business purposes. The | ||||||
22 | personal property exemptions set forth
in this Section shall | ||||||
23 | not apply to or be allowed
against any money, salary, or wages | ||||||
24 | due or to become due to the debtor that
are required to be | ||||||
25 | withheld in a wage
deduction proceeding under Part 8 of this
| ||||||
26 | Article XII.
| ||||||
27 | (Source: P.A. 88-378; 89-686, eff. 12-31-96.)
|