Illinois General Assembly - Full Text of Public Act 094-0293
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Public Act 094-0293


 

Public Act 0293 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0293
 
HB1523 Enrolled LRB094 08432 LCB 38635 b

    AN ACT concerning civil procedure.
 
    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
changing Sections 2-1402, 12-705, 12-901, 12-904, 12-906,
12-909, 12-910, 12-911, 12-912, and 12-1001 as follows:
 
    (735 ILCS 5/2-1402)   (from Ch. 110, par. 2-1402)
    Sec. 2-1402. Supplementary proceedings.
    (a) A judgment creditor, or his or her successor in
interest when that interest is made to appear of record, is
entitled to prosecute supplementary proceedings for the
purposes of examining the judgment debtor or any other person
to discover assets or income of the debtor not exempt from the
enforcement of the judgment, a deduction order or garnishment,
and of compelling the application of non-exempt assets or
income discovered toward the payment of the amount due under
the judgment. A supplementary proceeding shall be commenced by
the service of a citation issued by the clerk. The procedure
for conducting supplementary proceedings shall be prescribed
by rules. It is not a prerequisite to the commencement of a
supplementary proceeding that a certified copy of the judgment
has been returned wholly or partly unsatisfied. All citations
issued by the clerk shall have the following language, or
language substantially similar thereto, stated prominently on
the front, in capital letters: "YOUR FAILURE TO APPEAR IN COURT
AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT
BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT,
WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
The court shall not grant a continuance of the supplementary
proceeding except upon good cause shown.
    (b) Any citation served upon a judgment debtor or any other
person shall include a certification by the attorney for the
judgment creditor or the judgment creditor setting forth the
amount of the judgment, the date of the judgment, or its
revival date, the balance due thereon, the name of the court,
and the number of the case, and a copy of the citation notice
required by this subsection. Whenever a citation is served upon
a person or party other than the judgment debtor, the officer
or person serving the citation shall send to the judgment
debtor, within three business days of the service upon the
cited party, a copy of the citation and the citation notice,
which may be sent by regular first-class mail to the judgment
debtor's last known address. In no event shall a citation
hearing be held sooner than five business days after the
mailing of the citation and citation notice to the judgment
debtor, except by agreement of the parties. The citation notice
need not be mailed to a corporation, partnership, or
association. The citation notice shall be in substantially the
following form:
"CITATION NOTICE
        (Name and address of Court)
        Name of Case: (Name of Judgment Creditor),
            Judgment Creditor v.
            (Name of Judgment Debtor),
            Judgment Debtor.
        Address of Judgment Debtor: (Insert last known
            address)
        Name and address of Attorney for Judgment
            Creditor or of Judgment Creditor (If no
            attorney is listed): (Insert name and address)
        Amount of Judgment: $ (Insert amount)
        Name of Person Receiving Citation: (Insert name)
        Court Date and Time: (Insert return date and time
            specified in citation)
    NOTICE: The court has issued a citation against the person
named above. The citation directs that person to appear in
court to be examined for the purpose of allowing the judgment
creditor to discover income and assets belonging to the
judgment debtor or in which the judgment debtor has an
interest. The citation was issued on the basis of a judgment
against the judgment debtor in favor of the judgment creditor
in the amount stated above. On or after the court date stated
above, the court may compel the application of any discovered
income or assets toward payment on the judgment.
    The amount of income or assets that may be applied toward
the judgment is limited by federal and Illinois law. The
JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
ABOVE:
        (1) Under Illinois or federal law, the exemptions of
    personal property owned by the debtor include the debtor's
    equity interest, not to exceed $4,000 $2,000 in value, in
    any personal property as chosen by the debtor; Social
    Security and SSI benefits; public assistance benefits;
    unemployment compensation benefits; worker's compensation
    benefits; veteran's benefits; circuit breaker property tax
    relief benefits; the debtor's equity interest, not to
    exceed $2,400 $1,200 in value, in any one motor vehicle,
    and the debtor's equity interest, not to exceed $1,500 $750
    in value, in any implements, professional books, or tools
    of the trade of the debtor.
        (2) Under Illinois law, every person is entitled to an
    estate in homestead, when it is owned and occupied as a
    residence, to the extent in value of $15,000 $7,500, which
    homestead is exempt from judgment.
        (3) Under Illinois law, the amount of wages that may be
    applied toward a judgment is limited to the lesser of (i)
    15% of gross weekly wages or (ii) the amount by which
    disposable earnings for a week exceed the total of 45 times
    the federal minimum hourly wage.
        (4) Under federal law, the amount of wages that may be
    applied toward a judgment is limited to the lesser of (i)
    25% of disposable earnings for a week or (ii) the amount by
    which disposable earnings for a week exceed 30 times the
    federal minimum hourly wage.
        (5) Pension and retirement benefits and refunds may be
    claimed as exempt under Illinois law.
    The judgment debtor may have other possible exemptions
under the law.
    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
judgment debtor also has the right to seek a declaration at an
earlier date, by notifying the clerk in writing at (insert
address of clerk). When so notified, the Clerk of the Court
will obtain a prompt hearing date from the court and will
provide the necessary forms that must be prepared by the
judgment debtor or the attorney for the judgment debtor and
sent to the judgment creditor and the judgment creditor's
attorney regarding the time and location of the hearing. This
notice may be sent by regular first class mail."
    (c) When assets or income of the judgment debtor not exempt
from the satisfaction of a judgment, a deduction order or
garnishment are discovered, the court may, by appropriate order
or judgment:
        (1) Compel the judgment debtor to deliver up, to be
    applied in satisfaction of the judgment, in whole or in
    part, money, choses in action, property or effects in his
    or her possession or control, so discovered, capable of
    delivery and to which his or her title or right of
    possession is not substantially disputed.
        (2) Compel the judgment debtor to pay to the judgment
    creditor or apply on the judgment, in installments, a
    portion of his or her income, however or whenever earned or
    acquired, as the court may deem proper, having due regard
    for the reasonable requirements of the judgment debtor and
    his or her family, if dependent upon him or her, as well as
    any payments required to be made by prior order of court or
    under wage assignments outstanding; provided that the
    judgment debtor shall not be compelled to pay income which
    would be considered exempt as wages under the Wage
    Deduction Statute. The court may modify an order for
    installment payments, from time to time, upon application
    of either party upon notice to the other.
        (3) Compel any person cited, other than the judgment
    debtor, to deliver up any assets so discovered, to be
    applied in satisfaction of the judgment, in whole or in
    part, when those assets are held under such circumstances
    that in an action by the judgment debtor he or she could
    recover them in specie or obtain a judgment for the
    proceeds or value thereof as for conversion or
    embezzlement.
        (4) Enter any order upon or judgment against the person
    cited that could be entered in any garnishment proceeding.
        (5) Compel any person cited to execute an assignment of
    any chose in action or a conveyance of title to real or
    personal property, in the same manner and to the same
    extent as a court could do in any proceeding by a judgment
    creditor to enforce payment of a judgment or in aid of the
    enforcement of a judgment.
        (6) Authorize the judgment creditor to maintain an
    action against any person or corporation that, it appears
    upon proof satisfactory to the court, is indebted to the
    judgment debtor, for the recovery of the debt, forbid the
    transfer or other disposition of the debt until an action
    can be commenced and prosecuted to judgment, direct that
    the papers or proof in the possession or control of the
    debtor and necessary in the prosecution of the action be
    delivered to the creditor or impounded in court, and
    provide for the disposition of any moneys in excess of the
    sum required to pay the judgment creditor's judgment and
    costs allowed by the court.
    (d) No order or judgment shall be entered under subsection
(c) in favor of the judgment creditor unless there appears of
record a certification of mailing showing that a copy of the
citation and a copy of the citation notice was mailed to the
judgment debtor as required by subsection (b).
    (e) All property ordered to be delivered up shall, except
as otherwise provided in this Section, be delivered to the
sheriff to be collected by the sheriff or sold at public sale
and the proceeds thereof applied towards the payment of costs
and the satisfaction of the judgment.
    (f)  (1) The citation may prohibit the party to whom it is
    directed from making or allowing any transfer or other
    disposition of, or interfering with, any property not
    exempt from the enforcement of a judgment therefrom, a
    deduction order or garnishment, belonging to the judgment
    debtor or to which he or she may be entitled or which may
    thereafter be acquired by or become due to him or her, and
    from paying over or otherwise disposing of any moneys not
    so exempt which are due or to become due to the judgment
    debtor, until the further order of the court or the
    termination of the proceeding, whichever occurs first. The
    third party may not be obliged to withhold the payment of
    any moneys beyond double the amount of the balance due
    sought to be enforced by the judgment creditor. The court
    may punish any party who violates the restraining provision
    of a citation as and for a contempt, or if the party is a
    third party may enter judgment against him or her in the
    amount of the unpaid portion of the judgment and costs
    allowable under this Section, or in the amount of the value
    of the property transferred, whichever is lesser.
        (2) The court may enjoin any person, whether or not a
    party to the supplementary proceeding, from making or
    allowing any transfer or other disposition of, or
    interference with, the property of the judgment debtor not
    exempt from the enforcement of a judgment, a deduction
    order or garnishment, or the property or debt not so exempt
    concerning which any person is required to attend and be
    examined until further direction in the premises. The
    injunction order shall remain in effect until vacated by
    the court or until the proceeding is terminated, whichever
    first occurs.
    (g) If it appears that any property, chose in action,
credit or effect discovered, or any interest therein, is
claimed by any person, the court shall, as in garnishment
proceedings, permit or require the claimant to appear and
maintain his or her right. The rights of the person cited and
the rights of any adverse claimant shall be asserted and
determined pursuant to the law relating to garnishment
proceedings.
    (h) Costs in proceedings authorized by this Section shall
be allowed, assessed and paid in accordance with rules,
provided that if the court determines, in its discretion, that
costs incurred by the judgment creditor were improperly
incurred, those costs shall be paid by the judgment creditor.
    (i) This Section is in addition to and does not affect
enforcement of judgments or proceedings supplementary thereto,
by any other methods now or hereafter provided by law.
    (j) This Section does not grant the power to any court to
order installment or other payments from, or compel the sale,
delivery, surrender, assignment or conveyance of any property
exempt by statute from the enforcement of a judgment thereon, a
deduction order, garnishment, attachment, sequestration,
process or other levy or seizure.
    (k) (Blank).
    (l) At any citation hearing at which the judgment debtor
appears and seeks a declaration that certain of his or her
income or assets are exempt, the court shall proceed to
determine whether the property which the judgment debtor
declares to be exempt is exempt from judgment. At any time
before the return date specified on the citation, the judgment
debtor may request, in writing, a hearing to declare exempt
certain income and assets by notifying the clerk of the court
before that time, using forms as may be provided by the clerk
of the court. The clerk of the court will obtain a prompt
hearing date from the court and will provide the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor, or the judgment creditor's attorney, regarding the
time and location of the hearing. This notice may be sent by
regular first class mail. At the hearing, the court shall
immediately, unless for good cause shown that the hearing is to
be continued, shall proceed to determine whether the property
which the judgment debtor declares to be exempt is exempt from
judgment. The restraining provisions of subsection (f) shall
not apply to any property determined by the court to be exempt.
    (m)   The judgment or balance due on the judgment becomes a
lien when a citation is served in accordance with subsection
(a) of this Section. The lien binds nonexempt personal
property, including money, choses in action, and effects of the
judgment debtor as follows:
        (1) When the citation is directed against the judgment
    debtor, upon all personal property belonging to the
    judgment debtor in the possession or control of the
    judgment debtor or which may thereafter be acquired or come
    due to the judgment debtor to the time of the disposition
    of the citation.
        (2) When the citation is directed against a third
    party, upon all personal property belonging to the judgment
    debtor in the possession or control of the third party or
    which thereafter may be acquired or come due the judgment
    debtor and comes into the possession or control of the
    third party to the time of the disposition of the citation.
    The lien established under this Section does not affect the
rights of citation respondents in property prior to the service
of the citation upon them and does not affect the rights of
bona fide purchasers or lenders without notice of the citation.
The lien is effective for the period specified by Supreme Court
Rule.
    This subsection (m), as added by Public Act 88-48, is a
declaration of existing law.
    (n) If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity of that
provision or application does not affect the provisions or
applications of the Act that can be given effect without the
invalid provision or application.
(Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff.
12-2-94; 89-364, eff. 1-1-96.)
 
    (735 ILCS 5/12-705)  (from Ch. 110, par. 12-705)
    Sec. 12-705. Summons.
    (a) Summons shall be returnable not less than 21 nor more
than 30 days after the date of issuance. Summons with 4 copies
of the interrogatories shall be served and returned as in other
civil cases. If the garnishee is served with summons less than
10 days prior to the return date, the court shall continue the
case to a new return date 14 days after the return date stated
on the summons. The summons shall be in a form consistent with
local court rules. The summons shall be accompanied by a copy
of the underlying judgment or a certification by the clerk of
the court that entered the judgment, or by the attorney for the
judgment creditor, setting forth the amount of the judgment,
the name of the court and the number of the case and one copy of
a garnishment notice in substantially the following form:
        "GARNISHMENT NOTICE
    (Name and address of Court)
    Name of Case: (Name of Judgment Creditor),
        Judgment Creditor v.
        (Name of Judgement Debtor),
        Judgment Debtor.
    Address of Judgment Debtor: (Insert last known address)
    Name and address of Attorney for Judgment
    Creditor or of Judgment Creditor (If no
    attorney is listed): (Insert name and address)
    Amount of Judgment: $(Insert amount)
    Name of Garnishee: (Insert name)
    Return Date: (Insert return date specified in summons)
    NOTICE: The court has issued a garnishment summons against
the garnishee named above for money or property (other than
wages) belonging to the judgment debtor or in which the
judgment debtor has an interest. The garnishment summons was
issued on the basis of a judgment against the judgment debtor
in favor of the judgment creditor in the amount stated above.
    The amount of money or property (other than wages) that may
be garnished is limited by federal and Illinois law. The
judgment debtor has the right to assert statutory exemptions
against certain money or property of the judgment debtor which
may not be used to satisfy the judgment in the amount stated
above.
    Under Illinois or federal law, the exemptions of personal
property owned by the debtor include the debtor's equity
interest, not to exceed $4,000 $2,000 in value, in any personal
property as chosen by the debtor; Social Security and SSI
benefits; public assistance benefits; unemployment
compensation benefits; workers' compensation benefits;
veterans' benefits; circuit breaker property tax relief
benefits; the debtor's equity interest, not to exceed $2,400
$1,200 in value, in any one motor vehicle, and the debtor's
equity interest, not to exceed $1,500 $750 in value, in any
implements, professional books or tools of the trade of the
debtor.
    The judgment debtor may have other possible exemptions from
garnishment under the law.
    The judgment debtor has the right to request a hearing
before the court to dispute the garnishment or to declare
exempt from garnishment certain money or property or both. To
obtain a hearing in counties with a population of 1,000,000 or
more, the judgment debtor must notify the Clerk of the Court in
person and in writing at (insert address of Clerk) before the
return date specified above or appear in court on the date and
time on that return date. To obtain a hearing in counties with
a population of less than 1,000,000, the judgment debtor must
notify the Clerk of the Court in writing at (insert address of
Clerk) on or before the return date specified above. The Clerk
of the Court will provide a hearing date and the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor and the garnishee regarding the time and location of
the hearing. This notice may be sent by regular first class
mail."
    (b) An officer or other person authorized by law to serve
process shall serve the summons, interrogatories and the
garnishment notice required by subsection (a) of this Section
upon the garnishee and shall, (1) within 2 business days of the
service upon the garnishee, mail a copy of the garnishment
notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the
garnishment notice and (2) within 4 business days of the
service upon the garnishee file with the clerk of the court a
certificate of mailing in substantially the following form:
"CERTIFICATE OF MAILING
    I hereby certify that, within 2 business days of service
upon the garnishee of the garnishment summons, interrogatories
and garnishment notice, I served upon the judgment debtor in
this cause a copy of the garnishment summons and garnishment
notice by first class mail to the judgment debtor's address as
indicated in the garnishment notice.
Date:............ .........................  
                           Signature"
    In the case of service of the summons for garnishment upon
the garnishee by certified or registered mail, as provided in
subsection (c) of this Section, no sooner than 2 business days
nor later than 4 business days after the date of mailing, the
clerk shall mail a copy of the garnishment notice and the
summons to the judgment debtor by first class mail at the
judgment debtor's address indicated in the garnishment notice,
shall prepare the Certificate of Mailing described by this
subsection, and shall include the Certificate of Mailing in a
permanent record.
    (c) In a county with a population of less than 1,000,000,
unless otherwise provided by circuit court rule, at the request
of the judgment creditor or his or her attorney and instead of
personal service, service of a summons for garnishment may be
made as follows:
        (1) For each garnishee to be served, the judgment
    creditor or his or her attorney shall pay to the clerk of
    the court a fee of $2, plus the cost of mailing, and
    furnish to the clerk an original and 2 copies of a summons,
    an original and one copy of the interrogatories, an
    affidavit setting forth the garnishee's mailing address,
    an original and 2 copies of the garnishment notice required
    by subsection (a) of this Section, and a copy of the
    judgment or certification described in subsection (a) of
    this Section. The original judgment shall be retained by
    the clerk.
        (2) The clerk shall mail to the garnishee, at the
    address appearing in the affidavit, the copy of the
    judgment or certification described in subsection (a) of
    this Section, the summons, the interrogatories, and the
    garnishment notice required by subsection (a) of this
    Section, by certified or registered mail, return receipt
    requested, showing to whom delivered and the date and
    address of delivery. This Mailing shall be mailed on a
    "restricted delivery" basis when service is directed to a
    natural person. The envelope and return receipt shall bear
    the return address of the clerk, and the return receipt
    shall be stamped with the docket number of the case. The
    receipt for certified or registered mail shall state the
    name and address of the addressee, the date of the mailing,
    shall identify the documents mailed, and shall be attached
    to the original summons.
        (3) The return receipt must be attached to the original
    summons and, if it shows delivery at least 10 days before
    the day for the return date, shall constitute proof of
    service of any documents identified on the return receipt
    as having been mailed.
        (4) The clerk shall note the fact of service in a
    permanent record.
(Source: P.A. 87-1252; 88-492.)
 
    (735 ILCS 5/12-901)   (from Ch. 110, par. 12-901)
    Sec. 12-901. Amount. Every individual is entitled to an
estate of homestead to the extent in value of $15,000 $7,500 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. That homestead and all right in
and title to that homestead is exempt from attachment,
judgment, levy, or judgment sale for the payment of his or her
debts or other purposes and from the laws of conveyance,
descent, and legacy, except as provided in this Code or in
Section 20-6 of the Probate Act of 1975. This Section is not
applicable between joint tenants or tenants in common but it is
applicable as to any creditors of those persons. If 2 or more
individuals own property that is exempt as a homestead, the
value of the exemption of each individual may not exceed his or
her proportionate share of $30,000 $15,000 based upon
percentage of ownership.
(Source: P.A. 88-672, eff. 12-14-94.)
 
    (735 ILCS 5/12-904)   (from Ch. 110, par. 12-904)
    Sec. 12-904. Release, waiver or conveyance. No release,
waiver or conveyance of the estate so exempted shall be valid,
unless the same is in writing, signed by the individual and his
or her spouse, if he or she have one, or possession is
abandoned or given pursuant to the conveyance; or if the
exception is continued to a child or children without the order
of a court directing a release thereof; but if a conveyance is
made by an individual as grantor to his or her spouse, such
conveyance shall be effectual to pass the title expressed
therein to be conveyed thereby, whether or not the grantor in
such conveyance is joined therein by his or her spouse. In any
case where such release, waiver or conveyance is taken by way
of mortgage or security, the same shall only be operative as to
such specific release, waiver or conveyance; and when the same
includes different pieces of land, or the homestead is of
greater value than $15,000 $7,500, the other lands shall first
be sold before resorting to the homestead, and in case of the
sale of such homestead, if any balance remains after the
payment of the debt and costs, such balance shall, to the
extent of $15,000 $7,500 be exempt, and be applied upon such
homestead exemption in the manner provided by law.
(Source: P.A. 82-783.)
 
    (735 ILCS 5/12-906)   (from Ch. 110, par. 12-906)
    Sec. 12-906. Proceeds of sale. When a homestead is conveyed
by the owner thereof, such conveyance shall not subject the
premises to any lien or incumbrance to which it would not be
subject in the possession of such owner; and the proceeds
thereof, to the extent of the amount of $15,000 $7,500, shall
be exempt from judgment or other process, for one year after
the receipt thereof, by the person entitled to the exemption,
and if reinvested in a homestead the same shall be entitled to
the same exemption as the original homestead.
(Source: P.A. 82-783.)
 
    (735 ILCS 5/12-909)   (from Ch. 110, par. 12-909)
    Sec. 12-909. Bid for less than exempted amount. No sale
shall be made of the premises on such judgment unless a greater
sum than $15,000 $7,500 is bid therefor. If a greater sum is
not so bid, the judgment may be set aside or modified, or the
enforcement of the judgment released, as for lack of property.
(Source: P.A. 82-783.)
 
    (735 ILCS 5/12-910)   (from Ch. 110, par. 12-910)
    Sec. 12-910. Proceedings to enforce judgment. If in the
opinion of the judgment creditors, or the officer holding a
certified copy of a judgment for enforcement against such
individuals, the premises claimed by him or her as exempt are
worth more than $15,000 $7,500, such officer shall summon 3
individuals, as commissioners, who shall, upon oath, to be
administered to them by the officer, appraise the premises, and
if, in their opinion, the property may be divided without
damage to the interest of the parties, they shall set off so
much of the premises, including the dwelling house, as in their
opinion is worth $15,000 $7,500, and the residue of the
premises may be advertised and sold by such officer. Each
commissioner shall receive for his or her services the sum of
$5 per day for each day necessarily engaged in such service.
The officer summoning such commissioners shall receive such
fees as may be allowed for serving summons, but shall be
entitled to charge mileage for only the actual distance
traveled from the premises to be appraised, to the residence of
the commissioners summoned. The officer shall not be required
to summon commissioners until the judgment creditor, or some
one for him or her, shall advance to the officer one day's fees
for the commissioners, and unless the creditor shall advance
such fees the officer shall not be required to enforce the
judgment. The costs of such appraisement shall not be taxed
against the judgment debtor unless such appraisement shows that
the judgment debtor has property subject to such judgment.
(Source: P.A. 83-707.)
 
    (735 ILCS 5/12-911)   (from Ch. 110, par. 12-911)
    Sec. 12-911. Notice to judgment debtor. In case the value
of the premises is, in the opinion of the commissioners, more
than $15,000 $7,500, and cannot be divided as is provided for
in Section 12-910 of this Act, they shall make and sign an
appraisal of the value thereof, and deliver the same to the
officer, who shall deliver a copy thereof to the judgment
debtor, or to some one of the family of the age of 13 years or
upwards, with a notice thereto attached that unless the
judgment debtor pays to such officer the surplus over and above
$15,000 $7,500 on the amount due on the judgment within 60 days
thereafter, such premises will be sold.
(Source: P.A. 83-356.)
 
    (735 ILCS 5/12-912)   (from Ch. 110, par. 12-912)
    Sec. 12-912. Sale of premises - Distribution of proceeds.
In case of such surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell
the premises, and out of the proceeds of such sale pay to such
judgment debtor the sum of $15,000 $7,500, and apply the
balance on the judgment.
(Source: P.A. 82-783.)
 
    (735 ILCS 5/12-1001)   (from Ch. 110, par. 12-1001)
    Sec. 12-1001. Personal property exempt. The following
personal property, owned by the debtor, is exempt from
judgment, attachment, or distress for rent:
        (a) The necessary wearing apparel, bible, school
    books, and family pictures of the debtor and the debtor's
    dependents;
        (b) The debtor's equity interest, not to exceed $4,000
    $2,000 in value, in any other property;
        (c) The debtor's interest, not to exceed $2,400 $1,200
    in value, in any one motor vehicle;
        (d) The debtor's equity interest, not to exceed $1,500
    $750 in value, in any implements, professional books, or
    tools of the trade of the debtor;
        (e) Professionally prescribed health aids for the
    debtor or a dependent of the debtor;
        (f) All proceeds payable because of the death of the
    insured and the aggregate net cash value of any or all life
    insurance and endowment policies and annuity contracts
    payable to a wife or husband of the insured, or to a child,
    parent, or other person dependent upon the insured, whether
    the power to change the beneficiary is reserved to the
    insured or not and whether the insured or the insured's
    estate is a contingent beneficiary or not;
        (g) The debtor's right to receive:
            (1) a social security benefit, unemployment
        compensation, or public assistance benefit;
            (2) a veteran's benefit;
            (3) a disability, illness, or unemployment
        benefit; and
            (4) alimony, support, or separate maintenance, to
        the extent reasonably necessary for the support of the
        debtor and any dependent of the debtor.
        (h) The debtor's right to receive, or property that is
    traceable to:
            (1) an award under a crime victim's reparation law;
            (2) a payment on account of the wrongful death of
        an individual of whom the debtor was a dependent, to
        the extent reasonably necessary for the support of the
        debtor;
            (3) a payment under a life insurance contract that
        insured the life of an individual of whom the debtor
        was a dependent, to the extent reasonably necessary for
        the support of the debtor or a dependent of the debtor;
            (4) a payment, not to exceed $15,000 $7,500 in
        value, on account of personal bodily injury of the
        debtor or an individual of whom the debtor was a
        dependent; and
            (5) any restitution payments made to persons
        pursuant to the federal Civil Liberties Act of 1988 and
        the Aleutian and Pribilof Island Restitution Act, P.L.
        100-383.
        For purposes of this subsection (h), a debtor's right
    to receive an award or payment shall be exempt for a
    maximum of 2 years after the debtor's right to receive the
    award or payment accrues; property traceable to an award or
    payment shall be exempt for a maximum of 5 years after the
    award or payment accrues; and an award or payment and
    property traceable to an award or payment shall be exempt
    only to the extent of the amount of the award or payment,
    without interest or appreciation from the date of the award
    or payment.
        (i) The debtor's right to receive an award under Part
    20 of Article II of this Code relating to crime victims'
    awards.
    Money due the debtor from the sale of any personal property
that was exempt from judgment, attachment, or distress for rent
at the time of the sale is exempt from attachment and
garnishment to the same extent that the property would be
exempt had the same not been sold by the debtor.
    If a debtor owns property exempt under this Section and he
or she purchased that property with the intent of converting
nonexempt property into exempt property or in fraud of his or
her creditors, that property shall not be exempt from judgment,
attachment, or distress for rent. Property acquired within 6
months of the filing of the petition for bankruptcy shall be
presumed to have been acquired in contemplation of bankruptcy.
    The personal property exemptions set forth in this Section
shall apply only to individuals and only to personal property
that is used for personal rather than business purposes. The
personal property exemptions set forth in this Section shall
not apply to or be allowed against any money, salary, or wages
due or to become due to the debtor that are required to be
withheld in a wage deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 88-378; 89-686, eff. 12-31-96.)

Effective Date: 1/1/2006