HB4577eng 95TH GENERAL ASSEMBLY

HB4577 Engrossed LRB095 16840 AJO 42878 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 15-1406 as follows:

(735 ILCS 5/15-1406 new)

Sec. 15-1406. Sale surplus deposit fee. For any surplus being deposited by the circuit court clerk or the sheriff as directed by the court, the clerk shall charge and collect a $20 fee for each deposit of surplus proceeds, unless otherwise ordered by the court, which shall be paid to the clerk at the time the surplus money is deposited. Of this $20 fee, $15 shall be deposited into the county's general fund and $5 shall be deposited into the Circuit Court Clerk Operation and Administrative Fund created by the clerk of the circuit court. The clerk of the circuit court shall notify each defendant mortgagor by mail at the last address provided by the defendants that a surplus was deposited with the clerk of the circuit court and that a petition may be filed for turnover of surplus funds. If no address was provided to the clerk of the circuit court by the defendants, the clerk of the circuit court shall not notify the defendants of the deposit of the surplus proceeds.