Public Act 093-0621
Public Act 93-0621 of the 93rd General Assembly
Public Act 93-0621
SB1149 Enrolled LRB093 07023 DRH 07174 b
AN ACT in relation to vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 3-205 as follows:
(625 ILCS 5/3-205) (from Ch. 95 1/2, par. 3-205)
Sec. 3-205. Release of security interest.
(a) Within 21 days after receiving payment to satisfy
Upon the satisfaction of a security interest in a vehicle for
which the certificate of title is in the possession of the
lienholder, he shall, within ten (10) days after demand and,
in any event, within thirty (30) days, execute a release of
his security interest, and mail or deliver the certificate
and release to the next lienholder named therein, or, if
none, to the owner or any person who delivers to the
lienholder an authorization from the owner to receive the
certificate. If the payment is in the form of cash, a
cashier's check, or a certified check, the number of days is
reduced to 10 business days. If the owner desires a new
certificate reflecting no lien, the certificate and release
from the lienholder may be submitted to the Secretary of
State, along with the prescribed application and required
fee, for issuance of that new certificate.
(b) Within 21 days after receiving payment to satisfy
Upon the satisfaction of a security interest in a vehicle for
which the certificate of title is in the possession of a
prior lienholder, the lienholder whose security interest is
satisfied shall within ten (10) days after demand and, in any
event, within thirty (30) days execute a release and deliver
the release to the owner or any person who delivers to the
lienholder an authorization from the owner to receive it. If
the payment is in the form of cash, a cashier's check, or a
certified check, the number of days is reduced to 10 business
days. The lienholder in possession of the certificate of
title may either deliver the certificate to the owner, or the
person authorized by him, for delivery to the Secretary of
State, or, upon receipt of the release, may mail or may
deliver the certificate and release, along with prescribed
application and require fee, to the Secretary of State, who
shall issue a new certificate.
(c) In addition to any other penalty, a lienholder who
fails to execute a release of his or her security interest or
who fails to mail or deliver the certificate and release
within the time limit provided in subsection (a) or (b) is
liable to the person or entity that was supposed to receive
the release or certificate for $150 plus reasonable attorney
fees and court costs. An action under this Section may be
brought in small claims court or in any other appropriate
court.
(Source: P.A. 81-557.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 12/15/2003
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