Full Text of HB3478 97th General Assembly
HB3478 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3478 Introduced 2/24/2011, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-1402 | from Ch. 110, par. 2-1402 | 735 ILCS 5/2-1602 | | 735 ILCS 5/12-101 | from Ch. 110, par. 12-101 | 735 ILCS 5/12-112.5 new | | 735 ILCS 5/12-652 | from Ch. 110, par. 12-652 | 755 ILCS 5/18-12 | from Ch. 110 1/2, par. 18-12 |
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Amends the Code of Civil Procedure. Provides that if a creditor discovers personal
property of the judgment debtor that is subject to the lien of a citation to discover assets,
the creditor may have the court impress a lien against a specific item of personal
property, including a land trust. Provides that this type of lien survives the termination of
the citation proceedings and remains as a lien against the personal property. Provides that if the
judgment is revived before dormancy, the lien shall remain. Provides that a lien against
personal property may be recorded in the recorder's office or filed pursuant to the
Uniform Commercial Code. Provides that if a statute or case requires or permits a
judgment creditor to use the remedy of a charging order, this remedy may be obtained by using an enforcement procedure under the Act and provides that if the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens. Amends the Probate Act of 1975. Modifies provision that states that all claims against an estate are barred 2 years after decedent's death, by adding an exception that states: if the estate is opened 21 months after the date of death or later, a claim must be filed not less than 6 months after the first notice is published or 3 months from the date of mailing or delivery of the required notice, whichever is later.
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| | A BILL FOR |
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| 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, 2-1602, 12-101, 12-652, and by adding | 6 | | Section 12-112.5 as follows:
| 7 | | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| 8 | | Sec. 2-1402. Supplementary proceedings.
| 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 supplementary
proceedings 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 supplementary proceeding shall
be commenced by | 18 | | the service of a citation issued by the clerk. The procedure
| 19 | | for conducting supplementary proceedings shall be prescribed | 20 | | by rules. It is
not a prerequisite to the commencement of a | 21 | | supplementary proceeding that a
certified copy of the judgment | 22 | | has been returned wholly or partly unsatisfied.
All citations | 23 | | issued by the clerk shall have the following language, or
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| 1 | | language substantially similar thereto, stated prominently on | 2 | | the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | 3 | | AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT | 4 | | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | 5 | | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
| 6 | | The court shall not grant a continuance of the supplementary | 7 | | proceeding except
upon good cause shown.
| 8 | | (b) Any citation served upon a judgment debtor or any other | 9 | | person shall
include a certification by the attorney for the | 10 | | judgment creditor or the
judgment creditor setting forth the | 11 | | amount of the judgment, the date of the
judgment, or its | 12 | | revival date, the balance due thereon, the name of the court,
| 13 | | and the number of the case, and a copy of the citation notice | 14 | | required by this
subsection. Whenever a citation is served upon | 15 | | a person or party other than
the judgment debtor, the officer | 16 | | or person serving the citation shall send to
the judgment | 17 | | debtor, within three business days of the service upon the | 18 | | cited
party, a copy of the citation and the citation notice, | 19 | | which may be sent
by regular first-class mail to the judgment | 20 | | debtor's last known address. In no
event shall a citation | 21 | | hearing be held sooner than five business days after the
| 22 | | mailing of the citation and citation notice to the judgment | 23 | | debtor, except by
agreement of the parties. The citation notice | 24 | | need not be mailed to a
corporation, partnership, or | 25 | | association. The citation notice shall be in
substantially the | 26 | | following form:
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| 1 | | "CITATION NOTICE
| 2 | | (Name and address of Court)
| 3 | | Name of Case: (Name of Judgment Creditor),
| 4 | | Judgment Creditor v.
| 5 | | (Name of Judgment Debtor),
| 6 | | Judgment Debtor.
| 7 | | Address of Judgment Debtor: (Insert last known
| 8 | | address)
| 9 | | Name and address of Attorney for Judgment
| 10 | | Creditor or of Judgment Creditor (If no
| 11 | | attorney is listed): (Insert name and address)
| 12 | | Amount of Judgment: $ (Insert amount)
| 13 | | Name of Person Receiving Citation: (Insert name)
| 14 | | Court Date and Time: (Insert return date and time
| 15 | | specified in citation)
| 16 | | NOTICE: The court has issued a citation against the person | 17 | | named above. The
citation directs that person to appear in | 18 | | court to be examined for the purpose
of allowing the judgment | 19 | | creditor to discover income and assets belonging to
the | 20 | | judgment debtor or in which the judgment debtor has an | 21 | | interest. The
citation was issued on the basis of a judgment | 22 | | against the judgment debtor in
favor of the judgment creditor | 23 | | in the amount stated above. On or after the
court date stated | 24 | | above, the court may compel the application of any
discovered | 25 | | income or assets toward payment on the judgment.
| 26 | | The amount of income or assets that may be applied toward |
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| 1 | | the judgment is
limited by federal and Illinois law. The | 2 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 3 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 4 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 5 | | ABOVE:
| 6 | | (1) Under Illinois or federal law, the exemptions of | 7 | | personal property
owned by the debtor include the debtor's | 8 | | equity interest, not to exceed $4,000
in value, in any | 9 | | personal property as chosen by the debtor; Social Security | 10 | | and
SSI benefits; public assistance benefits; unemployment | 11 | | compensation benefits;
worker's compensation benefits; | 12 | | veteran's benefits; circuit breaker property
tax relief | 13 | | benefits; the debtor's equity interest, not to exceed | 14 | | $2,400 in
value, in any one motor vehicle, and the debtor's | 15 | | equity interest, not to
exceed $1,500 in value, in any | 16 | | implements, professional books, or tools of the
trade of | 17 | | the debtor.
| 18 | | (2) Under Illinois law, every person is entitled to an | 19 | | estate in
homestead, when it is owned and occupied as a | 20 | | residence, to the extent in value
of $15,000, which | 21 | | homestead is exempt from judgment.
| 22 | | (3) Under Illinois law, the amount of wages that may be | 23 | | applied toward a
judgment is limited to the lesser of (i) | 24 | | 15% of gross weekly wages or (ii) the
amount by which | 25 | | disposable earnings for a week exceed the total of 45 times | 26 | | the
federal minimum hourly wage or, under a wage deduction |
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| 1 | | summons served on or after January 1, 2006, the Illinois | 2 | | minimum hourly wage, whichever is greater.
| 3 | | (4) Under federal law, the amount of wages that may be | 4 | | applied toward a
judgment is limited to the lesser of (i) | 5 | | 25% of disposable earnings for a week
or (ii) the amount by | 6 | | which disposable earnings for a week exceed 30 times the
| 7 | | federal minimum hourly wage.
| 8 | | (5) Pension and retirement benefits and refunds may be | 9 | | claimed as exempt
under Illinois law.
| 10 | | The judgment debtor may have other possible exemptions | 11 | | under the law.
| 12 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 13 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 14 | | judgment debtor also has the right to
seek a declaration at an | 15 | | earlier date, by notifying the clerk in writing at
(insert | 16 | | address of clerk). When so notified, the Clerk of the Court | 17 | | will
obtain a prompt hearing date from the court and will
| 18 | | provide the necessary forms that must be prepared by the | 19 | | judgment debtor or the
attorney for the judgment debtor and | 20 | | sent to the judgment creditor and the
judgment creditor's | 21 | | attorney regarding the time and location of the hearing.
This | 22 | | notice may be sent by regular first class mail."
| 23 | | (c) When assets or income of the judgment debtor not exempt | 24 | | from
the satisfaction of a judgment, a deduction order or | 25 | | garnishment are
discovered, the court may, by appropriate order | 26 | | or judgment:
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| 1 | | (1) Compel the judgment debtor to deliver up, to be | 2 | | applied in
satisfaction of the judgment, in whole or in | 3 | | part, money, choses in
action, property or effects in his | 4 | | or her possession or control, so discovered,
capable of | 5 | | delivery and to which his or her title or right of | 6 | | possession is not
substantially disputed.
| 7 | | (2) Compel the judgment debtor to pay to the judgment | 8 | | creditor or
apply on the judgment, in installments, a | 9 | | portion of his or her income, however
or whenever earned or | 10 | | acquired, as the court may deem proper, having due
regard | 11 | | for the reasonable requirements of the judgment debtor and | 12 | | his or her
family, if dependent upon him or her, as well as | 13 | | any payments required to be
made by prior order of court or | 14 | | under wage assignments outstanding; provided
that the | 15 | | judgment debtor shall not be compelled to pay income which | 16 | | would be
considered exempt as wages under the Wage | 17 | | Deduction Statute. The court may
modify an order for | 18 | | installment payments, from time to time, upon application
| 19 | | of either party upon notice to the other.
| 20 | | (3) Compel any person cited, other than the judgment | 21 | | debtor, to
deliver up any assets so discovered, to be | 22 | | applied in satisfaction of
the judgment, in whole or in | 23 | | part, when those assets are held under such
circumstances | 24 | | that in an action by the judgment debtor he or she could | 25 | | recover
them in specie or obtain a judgment for the | 26 | | proceeds or value thereof as
for conversion or |
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| 1 | | embezzlement. A judgment creditor may recover a corporate | 2 | | judgment debtor's property on behalf of the judgment debtor | 3 | | for use of the judgment creditor by filing an appropriate | 4 | | petition within the citation proceedings.
| 5 | | (4) Enter any order upon or judgment against the person | 6 | | cited that
could be entered in any garnishment proceeding.
| 7 | | (5) Compel any person cited to execute an assignment of | 8 | | any chose in
action or a conveyance of title to real or | 9 | | personal property or resign memberships in exchanges, | 10 | | clubs, or other entities in the
same manner and to the same | 11 | | extent as a court could do in any proceeding
by a judgment | 12 | | creditor to enforce payment of a judgment or in aid of
the | 13 | | enforcement of a judgment.
| 14 | | (6) Authorize the judgment creditor to maintain an | 15 | | action against
any person or corporation that, it appears | 16 | | upon proof satisfactory to
the court, is indebted to the | 17 | | judgment debtor, for the recovery of the
debt, forbid the | 18 | | transfer or other disposition of the debt until an
action | 19 | | can be commenced and prosecuted to judgment, direct that | 20 | | the
papers or proof in the possession or control of the | 21 | | debtor and necessary
in the prosecution of the action be | 22 | | delivered to the creditor or
impounded in court, and | 23 | | provide for the disposition of any moneys in
excess of the | 24 | | sum required to pay the judgment creditor's judgment and
| 25 | | costs allowed by the court.
| 26 | | (d) No order or judgment shall be entered under subsection |
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| 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 | | (e) All property ordered to be delivered up shall, except | 6 | | as
otherwise provided in this Section, be delivered to the | 7 | | sheriff to be
collected by the sheriff or sold at public sale | 8 | | and the proceeds thereof
applied towards the payment of costs | 9 | | and the satisfaction of the judgment. If the judgment debtor's | 10 | | property is of such a nature that it is not readily delivered | 11 | | up to the sheriff for public sale or if another method of sale | 12 | | is more appropriate to liquidate the property or enhance its | 13 | | value at sale, the court may order the sale of such property by | 14 | | the debtor, third party respondent, or by a selling agent other | 15 | | than the sheriff upon such terms as are just and equitable. The | 16 | | proceeds of sale, after deducting reasonable and necessary | 17 | | expenses, are to be turned over to the creditor and applied to | 18 | | the balance due on the judgment.
| 19 | | (f) (1) The citation may prohibit the party to whom it is | 20 | | directed from
making or allowing any transfer or other | 21 | | disposition of, or interfering with,
any property not | 22 | | exempt from the enforcement of a judgment therefrom, a
| 23 | | deduction order or garnishment, belonging to the judgment | 24 | | debtor or to which he
or she may be entitled or which may | 25 | | thereafter be acquired by or become due to
him or her, and | 26 | | from paying over or otherwise disposing of any moneys not |
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| 1 | | so
exempt which are due or to become due to the judgment | 2 | | debtor, until the further
order of the court or the | 3 | | termination of the proceeding, whichever occurs
first. The | 4 | | third party may not be obliged to withhold the payment of | 5 | | any
moneys beyond double the amount of the balance due | 6 | | sought to be enforced by the
judgment creditor. The court | 7 | | may punish any party who violates the restraining
provision | 8 | | of a citation as and for a contempt, or if the party is a | 9 | | third party
may enter judgment against him or her in the | 10 | | amount of the unpaid portion of
the judgment and costs | 11 | | allowable under this Section, or in the amount of the
value | 12 | | of the property transferred, whichever is lesser.
| 13 | | (2) The court may enjoin any person, whether or not a | 14 | | party to the
supplementary proceeding, from making or | 15 | | allowing any transfer or other
disposition of, or | 16 | | interference with, the property of the judgment
debtor not | 17 | | exempt from the enforcement of a judgment, a deduction | 18 | | order or
garnishment, or the property or debt not so exempt | 19 | | concerning which any
person is required to attend and be | 20 | | examined until further direction in the
premises. The | 21 | | injunction order shall remain in effect until vacated by | 22 | | the
court or until the proceeding is terminated, whichever | 23 | | first occurs.
| 24 | | (g) If it appears that any property, chose in action, | 25 | | credit or
effect discovered, or any interest therein, is | 26 | | claimed by any person, the court
shall, as in garnishment |
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| 1 | | proceedings, permit or require the claimant to appear
and | 2 | | maintain his or her right. The rights of the person cited
and | 3 | | the rights of any adverse claimant shall be asserted and | 4 | | determined
pursuant to the law relating to garnishment | 5 | | proceedings.
| 6 | | (h) Costs in proceedings authorized by this Section shall | 7 | | be
allowed, assessed and paid in accordance with rules, | 8 | | provided that if the
court determines, in its discretion, that | 9 | | costs incurred by the judgment
creditor were improperly | 10 | | incurred, those costs shall be paid by the judgment
creditor.
| 11 | | (i) This Section is in addition to and does not affect
| 12 | | enforcement of judgments or proceedings supplementary thereto, | 13 | | by any other
methods now or hereafter provided by law.
| 14 | | (j) This Section does not grant the power to any court to | 15 | | order
installment or other payments from, or compel the sale, | 16 | | delivery,
surrender, assignment or conveyance of any property | 17 | | exempt by statute
from the enforcement of a judgment thereon, a | 18 | | deduction order, garnishment,
attachment, sequestration, | 19 | | process or other levy or seizure.
| 20 | | (k) (Blank).
| 21 | | (k-5) If the court determines that any property held by a | 22 | | third party respondent is wages pursuant to Section 12-801, the | 23 | | court shall proceed as if a wage deduction proceeding had been | 24 | | filed and proceed to enter such necessary and proper orders as | 25 | | would have been entered in a wage deduction proceeding | 26 | | including but not limited to the granting of the statutory |
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| 1 | | exemptions allowed by Section 12-803 and all other remedies | 2 | | allowed plaintiff and defendant pursuant to Part 8 of Article | 3 | | 12 of this Act.
| 4 | | (k-10) If a creditor discovers personal property of the | 5 | | judgment debtor that is subject to the lien of a citation to | 6 | | discover assets, the creditor may have the court impress a lien | 7 | | against a specific item of personal property, including a land | 8 | | trust. The lien survives the termination of the citation | 9 | | proceedings and remains as a lien against the personal property | 10 | | in the same manner that a judgment lien recorded against real | 11 | | property pursuant to Section 12-101 remains a lien on real | 12 | | property. If the judgment is revived before dormancy, the lien | 13 | | shall remain. A lien against personal property may, but need | 14 | | not, be recorded in the office of the recorder or filed as an | 15 | | informational filing pursuant to the Uniform Commercial Code. | 16 | | (l) At any citation hearing at which the judgment debtor | 17 | | appears and seeks
a declaration that certain of his or her | 18 | | income or assets are exempt, the court
shall proceed to | 19 | | determine whether the property which the judgment debtor
| 20 | | declares to be exempt is exempt from judgment. At any time | 21 | | before the return
date specified on the citation, the judgment | 22 | | debtor may request, in writing, a
hearing to declare exempt | 23 | | certain income and assets by notifying the clerk of
the court | 24 | | before that time, using forms as may be provided by the clerk | 25 | | of the
court. The clerk of the court will obtain a prompt | 26 | | hearing date from the
court and will provide the necessary |
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| 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 |
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| 1 | | third party to the time of the
disposition of the citation.
| 2 | | The lien established under this Section does not affect the | 3 | | rights of
citation respondents in property prior to the service | 4 | | of the citation upon them
and does not affect the rights of | 5 | | bona fide purchasers or lenders without
notice of the citation. | 6 | | The lien is effective for the period specified by
Supreme Court | 7 | | Rule.
| 8 | | This subsection (m), as added by Public Act 88-48, is a | 9 | | declaration of
existing law.
| 10 | | (n) If any provision of this Act or its application to any | 11 | | person or
circumstance is held invalid, the invalidity of that | 12 | | provision or application
does not affect the provisions or | 13 | | applications of the Act that can be given
effect without the | 14 | | invalid provision or application.
| 15 | | (Source: P.A. 94-293, eff. 1-1-06; 94-306, eff. 1-1-06; 95-331, | 16 | | eff. 8-21-07; 95-661, eff. 1-1-08.)
| 17 | | (735 ILCS 5/2-1602)
| 18 | | Sec. 2-1602. Revival of judgment.
| 19 | | (a) A judgment may be revived by filing a petition to | 20 | | revive the a judgment may be filed in the seventh year after | 21 | | its
entry, or in the seventh year after its last revival, or in | 22 | | the twentieth year after its entry, or at any other
time within | 23 | | 20 years after its entry if the judgment becomes dormant. The | 24 | | provisions of this amendatory Act of the 96th General Assembly | 25 | | are declarative of existing law.
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| 1 | | (b) A petition to revive a judgment shall be filed in the | 2 | | original
case in which the judgment was entered. The petition | 3 | | shall include a
statement as to the original date and amount of | 4 | | the judgment, court
costs expended, accrued interest, and | 5 | | credits to the judgment, if any.
| 6 | | (c) Service of notice of the petition to revive a judgment | 7 | | shall
be made in accordance with Supreme Court Rule 106.
| 8 | | (d) An order reviving a judgment shall be for the original | 9 | | amount
of the judgment. The plaintiff may recover interest and | 10 | | court costs from
the date of the original judgment. Credits to | 11 | | the judgment shall be
reflected by the plaintiff in | 12 | | supplemental proceedings or execution.
| 13 | | (e) If a judgment debtor has filed for protection under the | 14 | | United
States Bankruptcy Code and failed to successfully | 15 | | adjudicate and remove
a lien filed by a judgment creditor, then | 16 | | the judgment may be revived
only as to the property to which a | 17 | | lien attached before the filing of
the bankruptcy action.
| 18 | | (f) A judgment may be revived as to fewer than all judgment
| 19 | | debtors, and such order for revival of judgment shall be final,
| 20 | | appealable, and enforceable.
| 21 | | (g) This Section does not apply to a child support judgment | 22 | | or to a judgment
recovered in an action for damages for an | 23 | | injury described in Section 13-214.1,
which
need not be revived | 24 | | as provided in this Section and which may be enforced at
any | 25 | | time as
provided in Section 12-108.
| 26 | | (Source: P.A. 96-305, eff. 8-11-09.)
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| 1 | | (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
| 2 | | Sec. 12-101. Lien of judgment. With respect to the creation | 3 | | of liens on
real estate by judgments, all real estate in the | 4 | | State of Illinois is divided
into 2 classes.
| 5 | | The first class consists of all real property, the title to | 6 | | which is
registered under "An Act concerning land titles", | 7 | | approved May 1, 1897,
as amended.
| 8 | | The second class consists of all real property not | 9 | | registered under "An
Act concerning land titles".
| 10 | | As to real estate in class one, a judgment is a lien on the
| 11 | | real estate of the person against whom it is entered for the | 12 | | same
period as in class two, when Section 85 of "An Act | 13 | | concerning land
titles", has been complied with.
| 14 | | As to real estate included within class two, a judgment is | 15 | | a lien on the real
estate of the person against whom it is
| 16 | | entered in any county in this State, including the county in | 17 | | which it is
entered, only from the time a transcript, certified | 18 | | copy or memorandum of
the judgment is filed in the office of | 19 | | the recorder in the county in which
the real estate is located.
| 20 | | The lien may be foreclosed by an action brought in the name of | 21 | | the judgment
creditor or its assignee of record under Article | 22 | | XV in the same manner as a
mortgage of real property, except | 23 | | that the redemption period shall be 6 months
from the date of | 24 | | sale and the real estate homestead exemption under Section
| 25 | | 12-901 shall apply.
A judgment resulting from the entry of an |
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| 1 | | order requiring child support
payments shall be a lien upon the | 2 | | real estate of the person obligated to make
the child support | 3 | | payments, but shall not be enforceable in any county of this
| 4 | | State until a transcript, certified copy, or memorandum of the
| 5 | | lien is filed in the office of the recorder in the county in | 6 | | which the real
estate is located.
Any lien hereunder arising | 7 | | out of an order
for support shall be a lien only as to and from | 8 | | the time that an
installment or payment is due under the terms | 9 | | of the order. Further, the
order for support shall not be a | 10 | | lien on real estate to the extent of
payments made as evidenced | 11 | | by the records of the Clerk of the Circuit Court
or State | 12 | | agency receiving payments pursuant to the order. In the event
| 13 | | payments made pursuant to that order are not paid to the Clerk | 14 | | of the
Circuit Court or a State agency, then each lien imposed | 15 | | by this Section
may be released in the following manner:
| 16 | | (a) A Notice of Filing and an affidavit stating that | 17 | | all installments of
child support required to be paid | 18 | | pursuant to the order under which the
lien or liens were | 19 | | imposed have been paid shall be filed with the office of
| 20 | | recorder in each county in which each such lien appears of | 21 | | record, together
with proof of service of such notice and | 22 | | affidavit upon the recipient of
such payments.
| 23 | | (b) Service of such affidavit shall be by any means | 24 | | authorized under
Sections 2-203 and 2-208 of the Code of | 25 | | Civil Procedure or under Supreme
Court Rules 11 or 105(b).
| 26 | | (c) The Notice of Filing shall set forth the name and |
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| 1 | | address of the
judgment debtor and the judgment creditor, | 2 | | the court file number of the
order giving rise to the | 3 | | judgment and, in capital letters, the following
statement:
| 4 | | YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | 5 | | ATTACHED
AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER | 6 | | OF .... COUNTY, ILLINOIS,
WHOSE ADDRESS IS ........, | 7 | | ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
THIS NOTICE, | 8 | | YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF | 9 | | THE
STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, | 10 | | SUCH JUDGMENT LIEN WILL
BE DEEMED TO BE RELEASED AND NO | 11 | | LONGER SUBJECT TO FORECLOSURE. THIS
RELEASE OF LIEN WILL | 12 | | NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
| 13 | | (d) If no affidavit objecting to the release of the | 14 | | lien or liens is
filed within 28 days of the Notice | 15 | | described in paragraph (c) of this
Section such lien or | 16 | | liens shall be deemed to be released and no longer
subject | 17 | | to foreclosure.
| 18 | | A judgment is not a lien on real estate for longer than 7 | 19 | | years from the
time it is entered or revived, unless the | 20 | | judgment is revived within 7 years
after its entry or last | 21 | | revival and a new memorandum of judgment is recorded prior to | 22 | | the judgment and its recorded memorandum of judgment becoming | 23 | | dormant filed before
the expiration of the prior memorandum of | 24 | | judgment .
| 25 | | When a judgment is revived it is a lien on the real estate | 26 | | of
the person against whom it was entered in any county in this |
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| 1 | | State from
the time a transcript, certified copy or memorandum | 2 | | of the order of
revival is filed in the office of the recorder | 3 | | in the county in
which the real estate is located.
| 4 | | A foreign judgment registered pursuant to Sections 12-601 | 5 | | through 12-618
of this Act is a lien upon the real estate of | 6 | | the person against whom it
was entered only from the time (1) a | 7 | | certified copy of the verified
petition for registration of the | 8 | | foreign judgment or (2) a transcript,
certified copy or | 9 | | memorandum of the final judgment of the court of this
State | 10 | | entered on that foreign judgment is filed in the office of the
| 11 | | recorder in the county in which the real estate is located. | 12 | | However, no
such judgment shall be a lien on any real estate | 13 | | registered under "An Act
concerning land titles", as amended, | 14 | | until Section 85 of that Act has been
complied with.
| 15 | | The release of any transcript, certified copy or memorandum | 16 | | of judgment
or order of revival which has been recorded shall | 17 | | be filed by the person
receiving the release in the office of | 18 | | the recorder in which such
judgment or order has been recorded.
| 19 | | Such release shall contain in legible letters a statement | 20 | | as follows:
| 21 | | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
BE | 22 | | FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE | 23 | | OFFICE THE LIEN WAS FILED.
| 24 | | The term "memorandum" as used in this Section means a | 25 | | memorandum or copy
of the judgment signed by a judge or a copy | 26 | | attested by the clerk of the
court entering it and showing the |
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| 1 | | court in which entered,
date, amount, number of the case in | 2 | | which it was entered, name of the
party in whose favor and name | 3 | | and last known address of the party
against whom entered. If | 4 | | the address of the party against whom the
judgment was entered | 5 | | is not known, the memorandum or copy of judgment
shall so | 6 | | state.
| 7 | | The term "memorandum" as used in this Section also means a | 8 | | memorandum
or copy of a child support order signed by a judge | 9 | | or a copy attested by
the clerk of the court entering it or a | 10 | | copy attested by the administrative
body entering it.
| 11 | | This Section shall not be construed as showing an intention | 12 | | of the
legislature to create a new classification of real | 13 | | estate, but shall be
construed as showing an intention of the | 14 | | legislature to continue a
classification already existing.
| 15 | | (Source: P.A. 91-357, eff. 7-29-99; 92-817, eff. 8-21-02 .)
| 16 | | (735 ILCS 5/12-112.5 new) | 17 | | Sec. 12-112.5. Charging orders. If a statute or case | 18 | | requires or permits a judgment creditor to use the remedy of a | 19 | | charging order, said remedy may be brought and obtained by | 20 | | serving any of the various enforcement procedures set forth | 21 | | within this Article XII. If the court does not otherwise have | 22 | | jurisdiction of the parties, the law relating to the type of | 23 | | enforcement served shall be used to determine issues ancillary | 24 | | to the entry of a charging order such as jurisdiction, liens, | 25 | | and priority of liens.
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| 1 | | (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
| 2 | | Sec. 12-652. Filing and Status of Foreign Judgments.
| 3 | | (a) A
copy of any foreign judgment authenticated in | 4 | | accordance with the acts of
Congress or the statutes of this | 5 | | State may be filed in the office of the
circuit clerk for any | 6 | | county of this State. The clerk shall treat the
foreign | 7 | | judgment in the same manner as a judgment of the circuit court | 8 | | for
any county of this State. A judgment so filed has the same | 9 | | effect and is
subject to the same procedures, defenses and | 10 | | proceedings for reopening,
vacating, or staying as a judgment | 11 | | of a circuit court for any county of
this State and may be | 12 | | enforced or satisfied in like manner. A judgment filed or | 13 | | registered under this Act shall be an original Illinois | 14 | | judgment from the date it is filed with the clerk of the | 15 | | circuit court and for purposes of enforcement and revival, | 16 | | shall be treated in exactly the same manner as an Illinois | 17 | | judgment entered on that same date.
| 18 | | (b) A foreign judgment or lien arising by operation of law, | 19 | | and resulting
from an order requiring child support payments | 20 | | shall be entitled to full faith
and credit in this State, shall | 21 | | be enforceable in the same manner as any
judgment or lien of | 22 | | this State resulting from an order requiring child support
| 23 | | payments, and shall not be required to be filed with the office | 24 | | of the circuit
clerk in any county of this State, except as | 25 | | provided for in Sections 10-25 and
10-25.5 of the Illinois |
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| 1 | | Public Aid Code.
| 2 | | (c) A foreign order of protection issued by the court of | 3 | | another state,
tribe, or
United States territory is entitled to | 4 | | full faith and credit in this State, is
enforceable in the same | 5 | | manner as any order of protection issued by a circuit
court for | 6 | | any county of this State, and may be filed with the circuit | 7 | | clerk in
any county of this State as provided in Section 222.5 | 8 | | of the Illinois Domestic
Violence Act of 1986 or Section 22.5 | 9 | | of the Code of Criminal Procedure of 1963.
A
foreign order of | 10 | | protection shall not be required to be filed with the circuit
| 11 | | clerk to be entitled to full faith and credit in this State.
| 12 | | (Source: P.A. 90-18, eff. 7-1-97; 91-903, eff. 1-1-01.)
| 13 | | Section 10. The Probate Act of 1975 is amended by changing | 14 | | Section 18-12 as follows:
| 15 | | (755 ILCS 5/18-12) (from Ch. 110 1/2, par. 18-12)
| 16 | | Sec. 18-12. Limitations on payment of claims.
| 17 | | (a) Every claim against the estate of a decedent, except | 18 | | expenses of
administration and surviving spouse's or child's | 19 | | award, is barred as to all of
the decedent's estate if:
| 20 | | (1) Notice is given to the claimant as provided in | 21 | | Section 18-3 and
the claimant does not file a claim with | 22 | | the representative or the court on
or before the date | 23 | | stated in the notice; or
| 24 | | (2) Notice of disallowance is given to the claimant as |
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| 1 | | provided in
Section 18-11 and the claimant does not file a | 2 | | claim with the court on or
before the date stated in the | 3 | | notice; or
| 4 | | (3) The claimant or the claimant's address is not known | 5 | | to or
reasonably ascertainable by the representative and | 6 | | the claimant does not
file a claim with the representative | 7 | | or the court on or before the date
stated in the published | 8 | | notice as provided in Section 18-3.
| 9 | | (b) Unless sooner barred under subsection (a) of this | 10 | | Section, all
claims which could have been barred under this | 11 | | Section
are, in any event, barred 2 years after decedent's | 12 | | death, whether or not
letters of office are issued upon the | 13 | | estate of the decedent , unless the estate of the decedent is | 14 | | opened 21 months after the date of death or later, in which | 15 | | case the time for filing the claim shall be not less than 6 | 16 | | months from the date of the first publication or 3 months from | 17 | | the date of mailing or delivery of the notice required in | 18 | | Section 18-3, whichever is later .
| 19 | | (c) This Section does not bar actions to establish | 20 | | liability of the
decedent to the extent the estate is protected | 21 | | by liability insurance.
| 22 | | (d) Except with respect to a claimant whose claim is known | 23 | | to the
representative and is not paid or otherwise barred under | 24 | | this Section, a
representative who acts in good faith to | 25 | | determine and give notice to
creditors of a decedent, as | 26 | | provided in Section 18-3, is not personally
liable to a |
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| 1 | | creditor of a decedent, but any claim not barred under this
| 2 | | Section may be asserted against (1) the estate, to the extent | 3 | | that assets
have not been distributed, and (2) a distributee of | 4 | | the estate (other than
a creditor), but only to the extent that | 5 | | the distributee's share of the
estate will not, in effect, be | 6 | | diminished below what the distributee would
have received had | 7 | | the claim been paid by the representative.
| 8 | | (Source: P.A. 89-21, eff. 7-1-95; 89-686, eff. 12-31-96.)
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