Bill Status of SB 36   98th General Assembly


Short Description:  CIV PRO-VEHICLE IMMOBILIZATION

Senate Sponsors
Sen. Ira I. Silverstein

Last Action  View All Actions

DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-1402from Ch. 110, par. 2-1402

Synopsis As Introduced
Amends the Code of Civil Procedure. In a Section concerning supplementary proceedings, provides notice requirements in proceedings commenced by a unit of local government that may result in the immobilization of a vehicle. Provides that a unit of local government may serve a citation to discover assets by registered or certified mail, return receipt requested, to the judgment debtor's address on record with the Secretary of State, with exceptions, and that service of a citation to discover assets in this manner is effective upon mailing of the citation to discover assets. Provides that a judgment creditor which is a unit of local government may immobilize a vehicle of the judgment debtor for the purpose of facilitating enforcement of and satisfying, in whole or in part, the judgment. Provides that immobilization may not occur until the judgment debtor has had the opportunity to appear and contest the immobilization at the citation hearing, or the judgment debtor has failed to appear at the citation hearing. Provides that if a unit of local government immobilizes a vehicle, it shall affix a notice of immobilization to the vehicle at the time the restraint device is attached to the vehicle. Provides that the notice shall provide information regarding the procedure to have the device removed. Provides that the judgment debtor shall, within 24 hours of the immobilization, follow the procedures listed on the notice to pay the applicable costs. Provides that if the judgment debtor fails to respond within 24 hours of the immobilization, the unit of local government may tow and impound the vehicle. Provides that the vehicle shall be eligible for auction or public sale if, within 21 days after the vehicle is towed and impounded, the judgment debtor fails to pay all applicable costs.

Actions 
DateChamber Action
  1/10/2013SenateFiled with Secretary by Sen. Ira I. Silverstein
  1/10/2013SenateFirst Reading
  1/10/2013SenateReferred to Assignments
  1/30/2013SenateAssigned to Judiciary
  2/28/2013SenateRe-referred to Assignments
  1/13/2015SenateSession Sine Die

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