96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6478

 

Introduced 2/18/2010, by Rep. Michael J. Madigan - Barbara Flynn Currie

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/12-910  from Ch. 110, par. 12-910

    Amends the Code of Civil Procedure. Makes a technical change in provisions concerning proceedings to enforce judgments.


LRB096 21112 AJO 36963 b

 

 

A BILL FOR

 

HB6478 LRB096 21112 AJO 36963 b

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 Section 12-910 as follows:
 
6     (735 ILCS 5/12-910)   (from Ch. 110, par. 12-910)
7     Sec. 12-910. Proceedings to enforce judgment. If in the the
8 opinion of the judgment creditors, or the officer holding a
9 certified copy of a judgment for enforcement against such
10 individuals, the premises claimed by him or her as exempt are
11 worth more than $15,000, such officer shall summon 3
12 individuals, as commissioners, who shall, upon oath, to be
13 administered to them by the officer, appraise the premises, and
14 if, in their opinion, the property may be divided without
15 damage to the interest of the parties, they shall set off so
16 much of the premises, including the dwelling house, as in their
17 opinion is worth $15,000, and the residue of the premises may
18 be advertised and sold by such officer. Each commissioner shall
19 receive for his or her services the sum of $5 per day for each
20 day necessarily engaged in such service. The officer summoning
21 such commissioners shall receive such fees as may be allowed
22 for serving summons, but shall be entitled to charge mileage
23 for only the actual distance traveled from the premises to be

 

 

HB6478 - 2 - LRB096 21112 AJO 36963 b

1 appraised, to the residence of the commissioners summoned. The
2 officer shall not be required to summon commissioners until the
3 judgment creditor, or some one for him or her, shall advance to
4 the officer one day's fees for the commissioners, and unless
5 the creditor shall advance such fees the officer shall not be
6 required to enforce the judgment. The costs of such
7 appraisement shall not be taxed against the judgment debtor
8 unless such appraisement shows that the judgment debtor has
9 property subject to such judgment.
10 (Source: P.A. 94-293, eff. 1-1-06.)