Full Text of SB0244 103rd General Assembly
SB0244 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0244 Introduced 1/31/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-1402 | from Ch. 110, par. 2-1402 | 735 ILCS 5/12-901 | from Ch. 110, par. 12-901 | 735 ILCS 5/12-904 | from Ch. 110, par. 12-904 | 735 ILCS 5/12-906 | from Ch. 110, par. 12-906 | 735 ILCS 5/12-909 | from Ch. 110, par. 12-909 | 735 ILCS 5/12-910 | from Ch. 110, par. 12-910 | 735 ILCS 5/12-911 | from Ch. 110, par. 12-911 | 735 ILCS 5/12-912 | from Ch. 110, par. 12-912 |
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Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of $30,000 of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence, or $60,000 if the homestead is owned by 2 or more individuals. Makes conforming changes.
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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, 12-901, 12-904, 12-906, 12-909, | 6 | | 12-910, 12-911, and 12-912 as follows:
| 7 | | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| 8 | | Sec. 2-1402. Citations to discover assets.
| 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 citations to discover assets 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 citation proceeding shall
be commenced by the | 18 | | service of a citation issued by the clerk. The procedure
for | 19 | | conducting citation proceedings shall be prescribed by rules.
| 20 | | All citations issued by the clerk shall have the following | 21 | | language, or
language substantially similar thereto, stated | 22 | | prominently on the front, in
capital letters: "IF YOU FAIL TO | 23 | | APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED |
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| 1 | | AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT | 2 | | OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE | 3 | | COUNTY JAIL."
The court shall not grant a continuance of the | 4 | | citation proceeding except
upon good cause shown.
| 5 | | (b) Any citation served upon a judgment debtor or any | 6 | | other person shall
include a certification by the attorney for | 7 | | the judgment creditor or the
judgment creditor setting forth | 8 | | the amount of the judgment, the date of the
judgment, or its | 9 | | revival date, the balance due thereon, the name of the court,
| 10 | | and the number of the case, and a copy of the citation notice | 11 | | required by this
subsection. Whenever a citation is served | 12 | | upon a person or party other than
the judgment debtor, the | 13 | | officer or person serving the citation shall send to
the | 14 | | judgment debtor, within three business days of the service | 15 | | upon the cited
party, a copy of the citation and the citation | 16 | | notice, which may be sent
by regular first-class mail to the | 17 | | judgment debtor's last known address. In no
event shall a | 18 | | citation hearing be held sooner than five business days after | 19 | | the
mailing of the citation and citation notice to the | 20 | | judgment debtor, except by
agreement of the parties. The | 21 | | citation notice need not be mailed to a
corporation, | 22 | | partnership, or association. The citation notice shall be in
| 23 | | substantially the following form:
| 24 | | "CITATION NOTICE
| 25 | | (Name and address of Court)
| 26 | | Name of Case: (Name of Judgment Creditor),
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| 1 | | Judgment Creditor v.
| 2 | | (Name of Judgment Debtor),
| 3 | | Judgment Debtor.
| 4 | | Address of Judgment Debtor: (Insert last known
| 5 | | address)
| 6 | | Name and address of Attorney for Judgment
| 7 | | Creditor or of Judgment Creditor (If no
| 8 | | attorney is listed): (Insert name and address)
| 9 | | Amount of Judgment: $ (Insert amount)
| 10 | | Name of Person Receiving Citation: (Insert name)
| 11 | | Court Date and Time: (Insert return date and time
| 12 | | specified in citation)
| 13 | | NOTICE: The court has issued a citation against the person | 14 | | named above. The
citation directs that person to appear in | 15 | | court to be examined for the purpose
of allowing the judgment | 16 | | creditor to discover income and assets belonging to
the | 17 | | judgment debtor or in which the judgment debtor has an | 18 | | interest. The
citation was issued on the basis of a judgment | 19 | | against the judgment debtor in
favor of the judgment creditor | 20 | | in the amount stated above. On or after the
court date stated | 21 | | above, the court may compel the application of any
discovered | 22 | | income or assets toward payment on the judgment.
| 23 | | The amount of income or assets that may be applied toward | 24 | | the judgment is
limited by federal and Illinois law. The | 25 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 26 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH |
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| 1 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 2 | | ABOVE:
| 3 | | (1) Under Illinois or federal law, the exemptions of | 4 | | personal property
owned by the debtor include the debtor's | 5 | | equity interest, not to exceed $4,000
in value, in any | 6 | | personal property as chosen by the debtor; Social Security | 7 | | and
SSI benefits; public assistance benefits; unemployment | 8 | | compensation benefits;
worker's compensation benefits; | 9 | | veteran's benefits; circuit breaker property
tax relief | 10 | | benefits; the debtor's equity interest, not to exceed | 11 | | $2,400 in
value, in any one motor vehicle, and the | 12 | | debtor's equity interest, not to
exceed $1,500 in value, | 13 | | in any implements, professional books, or tools of the
| 14 | | trade of the debtor.
| 15 | | (2) Under Illinois law, every person is entitled to an | 16 | | estate in
homestead, when it is owned and occupied as a | 17 | | residence, to the extent in value
of $30,000 $15,000 , | 18 | | which homestead is exempt from judgment.
| 19 | | (3) Under Illinois law, the amount of wages that may | 20 | | be applied toward a
judgment is limited to the lesser of | 21 | | (i) 15% of gross weekly wages or (ii) the
amount by which | 22 | | disposable earnings for a week exceed the total of 45 | 23 | | times the
federal minimum hourly wage or, under a wage | 24 | | deduction summons served on or after January 1, 2006, the | 25 | | Illinois minimum hourly wage, whichever is greater.
| 26 | | (4) Under federal law, the amount of wages that may be |
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| 1 | | applied toward a
judgment is limited to the lesser of (i) | 2 | | 25% of disposable earnings for a week
or (ii) the amount by | 3 | | which disposable earnings for a week exceed 30 times the
| 4 | | federal minimum hourly wage.
| 5 | | (5) Pension and retirement benefits and refunds may be | 6 | | claimed as exempt
under Illinois law.
| 7 | | The judgment debtor may have other possible exemptions | 8 | | under the law.
| 9 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 10 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 11 | | judgment debtor also has the right to
seek a declaration at an | 12 | | earlier date, by notifying the clerk in writing at
(insert | 13 | | address of clerk). When so notified, the Clerk of the Court | 14 | | will
obtain a prompt hearing date from the court and will
| 15 | | provide the necessary forms that must be prepared by the | 16 | | judgment debtor or the
attorney for the judgment debtor and | 17 | | sent to the judgment creditor and the
judgment creditor's | 18 | | attorney regarding the time and location of the hearing.
This | 19 | | notice may be sent by regular first class mail."
| 20 | | (b-1) Any citation served upon a judgment debtor who is a | 21 | | natural person shall be served by personal service or abode | 22 | | service as provided in Supreme Court Rule 105 and shall | 23 | | include a copy of the Income and Asset Form set forth in | 24 | | subsection (b-5). | 25 | | (b-5) The Income and Asset Form required to be served by | 26 | | the judgment creditor in subsection (b-1) shall be in |
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| 1 | | substantially the following form: | 2 | | INCOME AND ASSET FORM | 3 | | To Judgment Debtor: Please complete this form and | 4 | | bring it with you to the hearing referenced in the | 5 | | enclosed citation notice. You should also bring to the | 6 | | hearing any documents you have to support the information | 7 | | you provide in this form, such as pay stubs and account | 8 | | statements. The information you provide will help the | 9 | | court determine whether you have any property or income | 10 | | that can be used to satisfy the judgment entered against | 11 | | you in this matter. The information you provide must be | 12 | | accurate to the best of your knowledge. | 13 | | If you fail to appear at this hearing, you could be | 14 | | held in contempt of court and possibly arrested. | 15 | | In answer to the citation proceedings served upon the | 16 | | judgment debtor, he or she answers as follows: | 17 | | Name:..................... | 18 | | Home Phone Number:................. | 19 | | Home Address:.................... | 20 | | Date of Birth:...................... | 21 | | Marital Status:..................... | 22 | | I have.........dependents. | 23 | | Do you have a job? YES NO | 24 | | Company's name I work for:...................... |
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| 1 | | Company's address:.............................. | 2 | | Job: | 3 | | I earn $....... per....... | 4 | | If self employed, list here your business name and | 5 | | address: | 6 | | ............................................. | 7 | | Income from self employment is $......... per | 8 | | year. | 9 | | I have the following benefits with my employer: | 10 | | ............................................. | 11 | | I do not have a job, but I support myself through: | 12 | | Government Assistance $........ per month | 13 | | Unemployment $........ per month | 14 | | Social Security $........ per month | 15 | | SSI $........ per month | 16 | | Pension $........ per month | 17 | | Other $........ per month | 18 | | Real Estate: | 19 | | Do you own any real estate? YES NO | 20 | | I own real estate at.........., with names of other | 21 | | owners | 22 | | ................................................. | 23 | | Additional real estate I own: .................... | 24 | | I have a beneficial interest in a land trust. The name | 25 | | and address of the trustee is:............. The beneficial |
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| 1 | | interest is listed in my name and ........................ | 2 | | There is a mortgage on my real estate. State the | 3 | | mortgage company's name and address for each parcel of | 4 | | real estate owned: | 5 | | ................................................. | 6 | | An assignment of beneficial interest in the land trust | 7 | | was signed to secure a loan from ......................... | 8 | | I have the following accounts: | 9 | | Checking account at ..........; | 10 | | account balance $...... | 11 | | Savings account at ..........; | 12 | | account balance $...... | 13 | | Money market or certificate of deposit at .... | 14 | | Safe deposit box at .......................... | 15 | | Other accounts (please identify): ............ | 16 | | I own: | 17 | | A vehicle (state year, make, model, and VIN): . | 18 | | Jewelry (please specify): .................... | 19 | | Other property described as:...................... | 20 | | Stocks/Bonds..................... | 21 | | Personal computer................ | 22 | | DVD player....................... | 23 | | Television....................... | 24 | | Stove....................... | 25 | | Microwave....................... | 26 | | Work tools....................... |
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| 1 | | Business equipment....................... | 2 | | Farm equipment....................... | 3 | | Other property (please specify): | 4 | | ............................................. | 5 | | Signature:.................... | 6 | | (b-10) Any action properly initiated under this Section | 7 | | may proceed notwithstanding an
absent or incomplete Income and | 8 | | Asset Form, and a judgment debtor may be examined for the | 9 | | purpose of allowing the judgment creditor to discover income | 10 | | and assets belonging to the judgment debtor or in which the | 11 | | judgment debtor has an interest. | 12 | | (c) When assets or income of the judgment debtor not | 13 | | exempt from
the satisfaction of a judgment, a deduction order | 14 | | or garnishment are
discovered, the court may, by appropriate | 15 | | order or judgment:
| 16 | | (1) Compel the judgment debtor to deliver up, to be | 17 | | applied in
satisfaction of the judgment, in whole or in | 18 | | part, money, choses in
action, property or effects in his | 19 | | or her possession or control, so discovered,
capable of | 20 | | delivery and to which his or her title or right of | 21 | | possession is not
substantially disputed.
| 22 | | (2) Compel the judgment debtor to pay to the judgment | 23 | | creditor or
apply on the judgment, in installments, a | 24 | | portion of his or her income, however
or whenever earned | 25 | | or acquired, as the court may deem proper, having due
| 26 | | regard for the reasonable requirements of the judgment |
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| 1 | | debtor and his or her
family, if dependent upon him or her, | 2 | | as well as any payments required to be
made by prior order | 3 | | of court or under wage assignments outstanding; provided
| 4 | | that the judgment debtor shall not be compelled to pay | 5 | | income which would be
considered exempt as wages under the | 6 | | Wage Deduction Statute. The court may
modify an order for | 7 | | installment payments, from time to time, upon application
| 8 | | of either party upon notice to the other.
| 9 | | (3) Compel any person cited, other than the judgment | 10 | | debtor, to
deliver up any assets so discovered, to be | 11 | | applied in satisfaction of
the judgment, in whole or in | 12 | | part, when those assets are held under such
circumstances | 13 | | that in an action by the judgment debtor he or she could | 14 | | recover
them in specie or obtain a judgment for the | 15 | | proceeds or value thereof as
for conversion or | 16 | | embezzlement. A judgment creditor may recover a corporate | 17 | | judgment debtor's property on behalf of the judgment | 18 | | debtor for use of the judgment creditor by filing an | 19 | | appropriate petition within the citation proceedings.
| 20 | | (4) Enter any order upon or judgment against the | 21 | | person cited that
could be entered in any garnishment | 22 | | proceeding.
| 23 | | (5) Compel any person cited to execute an assignment | 24 | | of any chose in
action or a conveyance of title to real or | 25 | | personal property or resign memberships in exchanges, | 26 | | clubs, or other entities in the
same manner and to the same |
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| 1 | | extent as a court could do in any proceeding
by a judgment | 2 | | creditor to enforce payment of a judgment or in aid of
the | 3 | | enforcement of a judgment.
| 4 | | (6) Authorize the judgment creditor to maintain an | 5 | | action against
any person or corporation that, it appears | 6 | | upon proof satisfactory to
the court, is indebted to the | 7 | | judgment debtor, for the recovery of the
debt, forbid the | 8 | | transfer or other disposition of the debt until an
action | 9 | | can be commenced and prosecuted to judgment, direct that | 10 | | the
papers or proof in the possession or control of the | 11 | | debtor and necessary
in the prosecution of the action be | 12 | | delivered to the creditor or
impounded in court, and | 13 | | provide for the disposition of any moneys in
excess of the | 14 | | sum required to pay the judgment creditor's judgment and
| 15 | | costs allowed by the court.
| 16 | | (c-5) If a citation is directed to a judgment debtor who is | 17 | | a natural person, no payment
order shall be entered under | 18 | | subsection (c) unless the Income and Asset Form was served | 19 | | upon the judgment debtor as required by subsection (b-1), the | 20 | | judgment debtor has had an opportunity to assert exemptions, | 21 | | and the payments are from non-exempt sources. | 22 | | (d) No order or judgment shall be entered under subsection | 23 | | (c) in favor of
the judgment creditor unless there appears of | 24 | | record a certification of
mailing showing that a copy of the | 25 | | citation and a copy of the citation notice was mailed to the | 26 | | judgment debtor as required by subsection (b).
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| 1 | | (d-5) If upon examination the court determines that the | 2 | | judgment debtor does not possess any non-exempt income or | 3 | | assets, then the citation shall be dismissed. | 4 | | (e) All property ordered to be delivered up shall, except | 5 | | as
otherwise provided in this Section, be delivered to the | 6 | | sheriff to be
collected by the sheriff or sold at public sale | 7 | | and the proceeds thereof
applied towards the payment of costs | 8 | | and the satisfaction of the judgment. If the judgment debtor's | 9 | | property is of such a nature that it is not readily delivered | 10 | | up to the sheriff for public sale or if another method of sale | 11 | | is more appropriate to liquidate the property or enhance its | 12 | | value at sale, the court may order the sale of such property by | 13 | | the debtor, third party respondent, or by a selling agent | 14 | | other than the sheriff upon such terms as are just and | 15 | | equitable. The proceeds of sale, after deducting reasonable | 16 | | and necessary expenses, are to be turned over to the creditor | 17 | | and applied to the balance due on the judgment.
| 18 | | (f)(1) The citation may prohibit the party to whom it is | 19 | | directed from
making or allowing any transfer or other | 20 | | disposition of, or interfering with,
any property not exempt | 21 | | from the enforcement of a judgment therefrom, a
deduction | 22 | | order or garnishment, belonging to the judgment debtor or to | 23 | | which he
or she may be entitled or which may thereafter be | 24 | | acquired by or become due to
him or her, and from paying over | 25 | | or otherwise disposing of any moneys not so
exempt which are | 26 | | due or to become due to the judgment debtor, until the further
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| 1 | | order of the court or the termination of the proceeding, | 2 | | whichever occurs
first. The third party may not be obliged to | 3 | | withhold the payment of any
moneys beyond double the amount of | 4 | | the balance due sought to be enforced by the
judgment | 5 | | creditor. The court may punish any party who violates the | 6 | | restraining
provision of a citation as and for a contempt, or | 7 | | if the party is a third party
may enter judgment against him or | 8 | | her in the amount of the unpaid portion of
the judgment and | 9 | | costs allowable under this Section, or in the amount of the
| 10 | | value of the property transferred, whichever is lesser.
| 11 | | (2) The court may enjoin any person, whether or not a party | 12 | | to the citation
proceeding, from making or allowing any | 13 | | transfer or other
disposition of, or interference with, the | 14 | | property of the judgment
debtor not exempt from the | 15 | | enforcement of a judgment, a deduction order or
garnishment, | 16 | | or the property or debt not so exempt concerning which any
| 17 | | person is required to attend and be examined until further | 18 | | direction in the
premises. The injunction order shall remain | 19 | | in effect until vacated by the
court or until the proceeding is | 20 | | terminated, whichever first occurs.
| 21 | | (g) If it appears that any property, chose in action, | 22 | | credit or
effect discovered, or any interest therein, is | 23 | | claimed by any person, the court
shall, as in garnishment | 24 | | proceedings, permit or require the claimant to appear
and | 25 | | maintain his or her right. The rights of the person cited
and | 26 | | the rights of any adverse claimant shall be asserted and |
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| 1 | | determined
pursuant to the law relating to garnishment | 2 | | proceedings.
| 3 | | (h) Costs in proceedings authorized by this Section shall | 4 | | be
allowed, assessed and paid in accordance with rules, | 5 | | provided that if the
court determines, in its discretion, that | 6 | | costs incurred by the judgment
creditor were improperly | 7 | | incurred, those costs shall be paid by the judgment
creditor.
| 8 | | (i) This Section is in addition to and does not affect
| 9 | | enforcement of judgments or citation proceedings thereto, by | 10 | | any other
methods now or hereafter provided by law.
| 11 | | (j) This Section does not grant the power to any court to | 12 | | order
installment or other payments from, or compel the sale, | 13 | | delivery,
surrender, assignment or conveyance of any property | 14 | | exempt by statute
from the enforcement of a judgment thereon, | 15 | | a deduction order, garnishment,
attachment, sequestration, | 16 | | process or other levy or seizure.
| 17 | | (k) (Blank).
| 18 | | (k-3) The court may enter any order upon or judgment | 19 | | against the respondent cited that could be entered in any | 20 | | garnishment proceeding under Part 7 of Article XII of this | 21 | | Code. This subsection (k-3) shall be construed as being | 22 | | declarative of existing law and not as a new enactment. | 23 | | (k-5) If the court determines that any property held by a | 24 | | third party respondent is wages pursuant to Section 12-801, | 25 | | the court shall proceed as if a wage deduction proceeding had | 26 | | been filed and proceed to enter such necessary and proper |
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| 1 | | orders as would have been entered in a wage deduction | 2 | | proceeding including but not limited to the granting of the | 3 | | statutory exemptions allowed by Section 12-803 and all other | 4 | | remedies allowed plaintiff and defendant pursuant to Part 8 of | 5 | | Article 12 of this Act.
| 6 | | (k-10) If a creditor discovers personal property of the | 7 | | judgment debtor that is subject to the lien of a citation to | 8 | | discover assets, the creditor may have the court impress a | 9 | | lien against a specific item of personal property, including a | 10 | | beneficial interest in a land trust. The lien survives the | 11 | | termination of the citation proceedings and remains as a lien | 12 | | against the personal property in the same manner that a | 13 | | judgment lien recorded against real property pursuant to | 14 | | Section 12-101 remains a lien on real property. If the | 15 | | judgment is revived before dormancy, the lien shall remain. A | 16 | | lien against personal property may, but need not, be recorded | 17 | | in the office of the recorder or filed as an informational | 18 | | filing pursuant to the Uniform Commercial Code. | 19 | | (l) At any citation hearing at which the judgment debtor | 20 | | appears and seeks
a declaration that certain of his or her | 21 | | income or assets are exempt, the court
shall proceed to | 22 | | determine whether the property which the judgment debtor
| 23 | | declares to be exempt is exempt from judgment. At any time | 24 | | before the return
date specified on the citation, the judgment | 25 | | debtor may request, in writing, a
hearing to declare exempt | 26 | | certain income and assets by notifying the clerk of
the court |
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| 1 | | before that time, using forms as may be provided by the clerk | 2 | | of the
court. The clerk of the court will obtain a prompt | 3 | | hearing date from the
court and will provide the necessary | 4 | | forms that must be prepared by the
judgment debtor or the | 5 | | attorney for the judgment debtor and sent to the
judgment | 6 | | creditor, or the judgment creditor's attorney, regarding the | 7 | | time and
location of the hearing. This notice may be sent by | 8 | | regular first class mail.
At the hearing, the court shall | 9 | | immediately, unless for good cause shown that
the hearing is | 10 | | to be continued, shall proceed to determine whether the | 11 | | property
which the judgment debtor declares to be exempt is | 12 | | exempt from judgment. The
restraining provisions of subsection | 13 | | (f) shall not apply to any property
determined by the court to | 14 | | be exempt.
| 15 | | (m) The judgment or balance due on the judgment becomes a | 16 | | lien when a
citation is served in accordance with subsection | 17 | | (a) of this Section. The lien
binds nonexempt personal | 18 | | property, including money, choses in action, and
effects of | 19 | | the judgment debtor as follows:
| 20 | | (1) When the citation is directed against the judgment | 21 | | debtor, upon all
personal property belonging to the | 22 | | judgment debtor in the possession or control
of the | 23 | | judgment debtor or which may thereafter be acquired or | 24 | | come due to the
judgment debtor to the time of the | 25 | | disposition of the citation.
| 26 | | (2) When the citation is directed against a third |
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| 1 | | party, upon all personal
property belonging to the | 2 | | judgment debtor in the possession or control of the
third | 3 | | party or which thereafter may be acquired or come due the | 4 | | judgment debtor
and comes into the possession or control | 5 | | of the third party to the time of the
disposition of the | 6 | | citation.
| 7 | | The lien established under this Section does not affect | 8 | | the rights of
citation respondents in property prior to the | 9 | | service of the citation upon them
and does not affect the | 10 | | rights of bona fide purchasers or lenders without
notice of | 11 | | the citation. The lien is effective for the period specified | 12 | | by
Supreme Court Rule.
| 13 | | This subsection (m), as added by Public Act 88-48, is a | 14 | | declaration of
existing law.
| 15 | | (n) If any provision of this Act or its application to any | 16 | | person or
circumstance is held invalid, the invalidity of that | 17 | | provision or application
does not affect the provisions or | 18 | | applications of the Act that can be given
effect without the | 19 | | invalid provision or application.
| 20 | | (o) The changes to this Section made by this amendatory | 21 | | Act of the 97th General Assembly apply only to citation | 22 | | proceedings commenced under this Section on or after the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly. The requirements or limitations set forth in | 25 | | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not | 26 | | apply to the enforcement of any order or judgment resulting |
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| 1 | | from an adjudication of a municipal ordinance violation that | 2 | | is subject to Supreme Court Rules 570 through 579, or from an | 3 | | administrative adjudication of such an ordinance violation. | 4 | | (Source: P.A. 101-191, eff. 8-2-19.)
| 5 | | (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
| 6 | | Sec. 12-901. Amount. Every individual
is entitled to an | 7 | | estate of
homestead to the extent in value of $30,000 $15,000 | 8 | | of his or her
interest in
a farm or lot of land and
buildings | 9 | | thereon, a condominium, or personal property,
owned or rightly | 10 | | possessed by lease or otherwise
and occupied by him or her as a | 11 | | residence, or in a cooperative that owns
property that the | 12 | | individual uses as a residence. That
homestead and all
right | 13 | | in and title to that homestead is exempt from
attachment, | 14 | | judgment, levy,
or judgment sale for the payment of his or her | 15 | | debts or other purposes and
from the laws of conveyance, | 16 | | descent, and legacy, except as provided in this
Code or in | 17 | | Section 20-6 of
the Probate Act of
1975. This
Section is not
| 18 | | applicable
between joint tenants or tenants in common but it | 19 | | is applicable as to any
creditors of those persons.
If 2 or | 20 | | more individuals own property that is exempt as a homestead, | 21 | | the
value of the exemption of each individual may not exceed | 22 | | his or her
proportionate share of $60,000 $30,000 based upon | 23 | | percentage of
ownership.
| 24 | | (Source: P.A. 94-293, eff. 1-1-06.)
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| 1 | | (735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
| 2 | | Sec. 12-904. Release, waiver , or conveyance. No release, | 3 | | waiver , or conveyance of the estate so exempted shall be
| 4 | | valid, unless the same is in writing, signed by the individual
| 5 | | and his
or her spouse, if he or she have one, or possession is | 6 | | abandoned or
given pursuant to the conveyance; or if the | 7 | | exception is continued to a
child or children without the | 8 | | order of a court directing a release
thereof; but if a | 9 | | conveyance is made by an individual
as grantor to his
or her | 10 | | spouse, such conveyance shall be effectual to pass the title
| 11 | | expressed therein to be conveyed thereby, whether or not the | 12 | | grantor in
such conveyance is joined therein by his or her | 13 | | spouse.
In any case
where such release, waiver , or conveyance | 14 | | is taken by way of
mortgage or security, the same shall only be | 15 | | operative as to such
specific release, waiver , or conveyance; | 16 | | and when the same includes
different pieces of land, or the | 17 | | homestead is of greater value than $30,000
$15,000 , the other | 18 | | lands shall first be sold before resorting to
the
homestead, | 19 | | and in case of the sale of such homestead, if any balance
| 20 | | remains after the payment of the debt and costs, such balance
| 21 | | shall, to the extent of $30,000 $15,000 be exempt, and be | 22 | | applied upon
such
homestead exemption in the manner provided | 23 | | by law.
| 24 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 25 | | (735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
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| 1 | | Sec. 12-906. Proceeds of sale. When a homestead is | 2 | | conveyed by the owner
thereof, such
conveyance shall not | 3 | | subject the premises to any lien or encumbrance incumbrance to
| 4 | | which it would not be subject in the possession of such owner; | 5 | | and the
proceeds thereof, to the extent of the amount of | 6 | | $30,000 $15,000 , shall
be
exempt from judgment or other | 7 | | process, for one year after the receipt
thereof, by the person | 8 | | entitled to the exemption, and if reinvested in a
homestead | 9 | | the same shall be entitled to the same exemption as the
| 10 | | original homestead.
| 11 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 12 | | (735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
| 13 | | Sec. 12-909. Bid for less than exempted amount. No sale | 14 | | shall be made
of the premises on such judgment
unless a greater | 15 | | sum than $30,000 $15,000 is bid therefor. If a
greater sum is | 16 | | not so bid, the judgment may be set aside or modified, or
the | 17 | | enforcement of the judgment released, as for lack of property.
| 18 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 19 | | (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| 20 | | Sec. 12-910. Proceedings to enforce judgment. If in the | 21 | | opinion of the
judgment creditors, or the officer holding a | 22 | | certified copy of a judgment
for enforcement against such | 23 | | individuals, the premises claimed by him or her
as exempt are | 24 | | worth more than $30,000 $15,000 , such officer shall summon
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| 1 | | individuals,
as commissioners, who shall, upon oath, to be | 2 | | administered
to them by the officer, appraise the premises, | 3 | | and if, in their opinion,
the property may be divided without | 4 | | damage to the interest of the
parties, they shall set off so | 5 | | much of the premises, including the dwelling
house, as in | 6 | | their opinion is worth $30,000 $15,000 , and the
residue of the | 7 | | premises may be advertised and sold by such officer. Each
| 8 | | commissioner shall receive for his or her services the sum of | 9 | | $5 per day
for each day necessarily engaged in such service. | 10 | | The officer summoning such
commissioners shall receive such | 11 | | fees as may be allowed for serving
summons, but shall be | 12 | | entitled to charge mileage for only the actual
distance | 13 | | traveled from the premises to be appraised, to the residence | 14 | | of
the commissioners summoned. The officer shall not be | 15 | | required
to summon commissioners until the judgment creditor, | 16 | | or someone some one for him
or her, shall advance to the | 17 | | officer one day's fees for the commissioners,
and unless the | 18 | | creditor shall advance such fees the officer shall not be
| 19 | | required to enforce the judgment. The costs of such | 20 | | appraisement shall not
be taxed against the judgment debtor | 21 | | unless such appraisement
shows that the judgment debtor has | 22 | | property subject to such judgment.
| 23 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 24 | | (735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
| 25 | | Sec. 12-911. Notice to judgment debtor. In case the value |
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| 1 | | of the premises
is, in the opinion of the commissioners, more | 2 | | than $30,000 $15,000 , and
cannot be
divided as is provided for | 3 | | in Section 12-910 of this Act, they shall make
and sign an | 4 | | appraisal of the value thereof, and deliver the same to the
| 5 | | officer, who shall deliver a copy thereof to the judgment | 6 | | debtor, or to
some one of the family of the age of 13 years or | 7 | | upwards, with a
notice thereto attached that
unless the | 8 | | judgment debtor pays to such officer the surplus over and | 9 | | above $30,000
$15,000 on the amount due on the judgment within | 10 | | 60 days
thereafter, such
premises will be sold.
| 11 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 12 | | (735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
| 13 | | Sec. 12-912. Sale of premises - Distribution of proceeds. | 14 | | In case of such
surplus, or the amount due on the judgment is
| 15 | | not paid within the 60 days, the officer may advertise and sell | 16 | | the premises,
and out of the proceeds of such sale pay to such | 17 | | judgment debtor the sum
of $30,000 $15,000 , and apply the | 18 | | balance on the judgment.
| 19 | | (Source: P.A. 94-293, eff. 1-1-06.)
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