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91_HB2997eng
HB2997 Engrossed LRB9109448DHmg
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 12-910 and 12-911.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 12-910 and 12-911 as follows:
7 (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
8 Sec. 12-910. Proceedings to enforce judgment. If in the
9 opinion of the judgment creditors, their successors or
10 assigns, or the officer holding a certified copy of a
11 judgment for enforcement against such individuals, the
12 premises claimed by him or her as exempt are worth more than
13 $7,500, the judgement creditor or the successor or assignee
14 of the judgment creditor shall first deliver to the officer
15 holding a certified copy of the judgment a written appraisal
16 of the premises prepared by a State certified general real
17 estate appraiser or a State certified residential real estate
18 appraiser, and if in the opinion of the person, firm,
19 corporation, or other entity conducting the appraisal such
20 officer shall summon 3 individuals, as commissioners, who
21 shall, upon oath, to be administered to them by the officer,
22 appraise the premises, and if, in their opinion, the property
23 may be divided without damage to the interest of the parties,
24 the State certified general real estate appraiser or State
25 certified residential real estate appraiser they shall set
26 off so much of the premises, including the dwelling house, as
27 in the State certified general real estate appraiser's or the
28 State certified residential real estate appraiser's their
29 opinion is worth $7,500, and the residue of the premises may
30 be advertised and sold by the such officer. Each commissioner
31 shall receive for his or her services the sum of $5 per day
HB2997 Engrossed -2- LRB9109448DHmg
1 for each day necessarily engaged in such service. The officer
2 summoning such commissioners shall receive such fees as may
3 be allowed for serving summons, but shall be entitled to
4 charge mileage for only the actual distance traveled from the
5 premises to be appraised, to the residence of the
6 commissioners summoned. The officer shall not be required to
7 summon commissioners until the judgment creditor, or some one
8 for him or her, shall advance to the officer one day's fees
9 for the commissioners, and unless the creditor shall advance
10 such fees the officer shall not be required to enforce the
11 judgment. The costs of such appraisement shall not be taxed
12 against the judgment debtor unless the such appraisement
13 shows that the judgment debtor has property subject to the
14 such judgment.
15 (Source: P.A. 83-707.)
16 (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
17 Sec. 12-911. Notice to judgment debtor. In case the
18 value of the premises is, in the opinion of the
19 commissioners, more than $7,500, and cannot be divided as is
20 provided for in Section 12-910 of this Act, the State
21 certified general real estate appraiser or State certified
22 residential real estate appraiser they shall make and sign an
23 appraisal of the value thereof, which shall be delivered to
24 the officer. The officer shall then mail, or cause to be
25 mailed, a notice to the judgment debtor stating that unless
26 the judgment is satisfied the property will be sold. The
27 notice shall contain the scheduled date of sale which shall
28 not be less than 60 days from the date of the notice. and
29 deliver the same to the officer, who shall deliver a copy
30 thereof to the judgment debtor, or to some one of the family
31 of the age of 13 years or upwards, with a notice thereto
32 attached that unless the judgment debtor pays to such officer
33 the surplus over and above $7,500 on the amount due on the
HB2997 Engrossed -3- LRB9109448DHmg
1 judgment within 60 days thereafter, such premises will be
2 sold.
3 (Source: P.A. 83-356.)
4 Section 99. This Act takes effect upon becoming law.
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