Rep. Ann Williams
Filed: 3/26/2012
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1 | AMENDMENT TO HOUSE BILL 5434
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2 | AMENDMENT NO. ______. Amend House Bill 5434 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1402 and by adding Section 12-107.5 as | ||||||
6 | follows:
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7 | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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8 | Sec. 2-1402. Supplementary proceedings.
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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 supplementary
proceedings 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
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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 |
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1 | the judgment. A supplementary proceeding shall
be commenced by | ||||||
2 | the service of a citation issued by the clerk. The procedure
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3 | for conducting supplementary proceedings shall be prescribed | ||||||
4 | by rules. It is
not a prerequisite to the commencement of a | ||||||
5 | supplementary proceeding that a
certified copy of the judgment | ||||||
6 | has been returned wholly or partly unsatisfied.
All citations | ||||||
7 | issued by the clerk shall have the following language, or
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8 | language substantially similar thereto, stated prominently on | ||||||
9 | the front, in
capital letters: " IF YOU FAIL YOUR FAILURE TO | ||||||
10 | APPEAR IN COURT AS HEREIN DIRECTED IN THIS NOTICE, YOU MAY | ||||||
11 | CAUSE
YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER | ||||||
12 | TO A CHARGE OF
CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY | ||||||
13 | IMPRISONMENT IN THE COUNTY JAIL."
The court shall not grant a | ||||||
14 | continuance of the supplementary proceeding except
upon good | ||||||
15 | cause shown.
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16 | (b) Any citation served upon a judgment debtor or any other | ||||||
17 | person shall
include a certification by the attorney for the | ||||||
18 | judgment creditor or the
judgment creditor setting forth the | ||||||
19 | amount of the judgment, the date of the
judgment, or its | ||||||
20 | revival date, the balance due thereon, the name of the court,
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21 | and the number of the case, and a copy of the citation notice | ||||||
22 | required by this
subsection , and, in the case of a judgment | ||||||
23 | against a debtor who is a natural person, a copy of the Income | ||||||
24 | and Asset Form required by this Section. Service of a citation, | ||||||
25 | citation notice, and Income and Asset Form upon a judgment | ||||||
26 | debtor who is a natural person shall be by personal service or |
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1 | abode service as provided in Section 2-203, and served by a | ||||||
2 | person authorized to serve process as provided by rule . | ||||||
3 | Whenever a citation is served upon a person or party other than
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4 | the judgment debtor, the officer or person serving the citation | ||||||
5 | shall send to
the judgment debtor, within three business days | ||||||
6 | of the service upon the cited
party, a copy of the citation and | ||||||
7 | the citation notice, which may be sent
by regular first-class | ||||||
8 | mail to the judgment debtor's last known address. In no
event | ||||||
9 | shall a citation hearing be held sooner than five business days | ||||||
10 | after the
mailing of the citation and citation notice to the | ||||||
11 | judgment debtor, except by
agreement of the parties. The | ||||||
12 | citation notice need not be mailed to a
corporation, | ||||||
13 | partnership, or association. The citation notice shall be in
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14 | substantially the following form:
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15 | "CITATION NOTICE
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16 | (Name and address of Court)
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17 | Name of Case: (Name of Judgment Creditor),
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18 | Judgment Creditor v.
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19 | (Name of Judgment Debtor),
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20 | Judgment Debtor.
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21 | Address of Judgment Debtor: (Insert last known
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22 | address)
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23 | Name and address of Attorney for Judgment
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24 | Creditor or of Judgment Creditor (If no
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25 | attorney is listed): (Insert name and address)
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26 | Amount of Judgment: $ (Insert amount)
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1 | Name of Person Receiving Citation: (Insert name)
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2 | Court Date and Time: (Insert return date and time
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3 | specified in citation)
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4 | NOTICE: The court has issued a citation against the person | ||||||
5 | named above. The
citation directs that person to appear in | ||||||
6 | court to be examined for the purpose
of allowing the judgment | ||||||
7 | creditor to discover income and assets belonging to
the | ||||||
8 | judgment debtor or in which the judgment debtor has an | ||||||
9 | interest. The
citation was issued on the basis of a judgment | ||||||
10 | against the judgment debtor in
favor of the judgment creditor | ||||||
11 | in the amount stated above. On or after the
court date stated | ||||||
12 | above, the court may compel the application of any
discovered | ||||||
13 | income or assets toward payment on the judgment.
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14 | The amount of income or assets that may be applied toward | ||||||
15 | the judgment is
limited by federal and Illinois law. The | ||||||
16 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
17 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | ||||||
18 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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19 | ABOVE:
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20 | (1) Under Illinois or federal law, the exemptions of | ||||||
21 | personal property
owned by the debtor include the debtor's | ||||||
22 | equity interest, not to exceed $4,000
in value, in any | ||||||
23 | personal property as chosen by the debtor; Social Security | ||||||
24 | and
SSI benefits; public assistance benefits; unemployment | ||||||
25 | compensation benefits;
worker's compensation benefits; | ||||||
26 | veteran's benefits; circuit breaker property
tax relief |
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1 | benefits; the debtor's equity interest, not to exceed | ||||||
2 | $2,400 in
value, in any one motor vehicle, and the debtor's | ||||||
3 | equity interest, not to
exceed $1,500 in value, in any | ||||||
4 | implements, professional books, or tools of the
trade of | ||||||
5 | the debtor.
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6 | (2) Under Illinois law, every person is entitled to an | ||||||
7 | estate in
homestead, when it is owned and occupied as a | ||||||
8 | residence, to the extent in value
of $15,000, which | ||||||
9 | homestead is exempt from judgment.
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10 | (3) Under Illinois law, the amount of wages that may be | ||||||
11 | applied toward a
judgment is limited to the lesser of (i) | ||||||
12 | 15% of gross weekly wages or (ii) the
amount by which | ||||||
13 | disposable earnings for a week exceed the total of 45 times | ||||||
14 | the
federal minimum hourly wage or, under a wage deduction | ||||||
15 | summons served on or after January 1, 2006, the Illinois | ||||||
16 | minimum hourly wage, whichever is greater.
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17 | (4) Under federal law, the amount of wages that may be | ||||||
18 | applied toward a
judgment is limited to the lesser of (i) | ||||||
19 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
20 | which disposable earnings for a week exceed 30 times the
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21 | federal minimum hourly wage.
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22 | (5) Pension and retirement benefits and refunds may be | ||||||
23 | claimed as exempt
under Illinois law.
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24 | The judgment debtor may have other possible exemptions | ||||||
25 | under the law.
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26 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING |
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1 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. THE | ||||||
2 | JUDGMENT DEBTOR IS ENCOURAGED TO USE THE ENCLOSED INCOME AND | ||||||
3 | ASSET FORM TO ASSIST WITH THIS PROCESS. The judgment debtor | ||||||
4 | also has the right to
seek a declaration at an earlier date, by | ||||||
5 | notifying the clerk in writing at
(insert address of clerk). | ||||||
6 | When so notified, the Clerk of the Court will
obtain a prompt | ||||||
7 | hearing date from the court and will
provide the necessary | ||||||
8 | forms that must be prepared by the judgment debtor or the
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9 | attorney for the judgment debtor and sent to the judgment | ||||||
10 | creditor and the
judgment creditor's attorney regarding the | ||||||
11 | time and location of the hearing.
This notice may be sent by | ||||||
12 | regular first class mail."
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13 | (b-5) The Income and Asset Form, required to be served by | ||||||
14 | the judgment creditor in subsection (b), shall be in the | ||||||
15 | following form: | ||||||
16 | INCOME AND ASSET FORM | ||||||
17 | (CASE CAPTION) | ||||||
18 | To Judgment Debtor: Please complete this form and bring | ||||||
19 | it with you to the hearing at (DATE, TIME, LOCATION). You | ||||||
20 | should also bring to the hearing any documents you have to | ||||||
21 | support the information you provide in this form, such as | ||||||
22 | pay stubs and account statements. The information you | ||||||
23 | provide will help the court determine whether you have any | ||||||
24 | property or income that can be used to satisfy the judgment | ||||||
25 | entered against you in this matter. The information you |
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1 | provide must be accurate to the best of your knowledge. | ||||||
2 | If you fail to appear at this hearing, you could be | ||||||
3 | held in contempt of court and possibly arrested. | ||||||
4 | In answer to the citation and supplemental proceedings | ||||||
5 | served upon (INSERT NAME OF JUDGMENT DEBTOR), he or she | ||||||
6 | answers as follows: | ||||||
7 | Name:..................... | ||||||
8 | Home Phone Number:................. | ||||||
9 | Home Address:.................... | ||||||
10 | Date of Birth:...................... | ||||||
11 | Marital Status:..................... | ||||||
12 | I have.........dependents. | ||||||
13 | Do you have a job? YES NO | ||||||
14 | Company's name I work for:...................... | ||||||
15 | Company's address:.............................. | ||||||
16 | Job: | ||||||
17 | I earn $....... per....... | ||||||
18 | If self employed, list here your business name and | ||||||
19 | address: | ||||||
20 | ............................................................. | ||||||
21 | Income from self employment is $......... per | ||||||
22 | year. | ||||||
23 | I have the following benefits with my employer: | ||||||
24 | ............................................................. |
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1 | I do not have a job, but I support myself through: | ||||||
2 | Government Assistance $........ per month | ||||||
3 | Unemployment $........ per month | ||||||
4 | Social Security $........ per month | ||||||
5 | SSI $........ per month | ||||||
6 | Pension $........ per month | ||||||
7 | Other $........ per month | ||||||
8 | Real Estate: | ||||||
9 | Do you own any real estate? YES NO | ||||||
10 | I own real estate at.........., with names of other | ||||||
11 | owners | ||||||
12 | ............................................................. | ||||||
13 | Additional real estate I own: ........................ | ||||||
14 | I have a beneficial interest in a land trust. The name | ||||||
15 | and address of the trustee is:............. The beneficial | ||||||
16 | interest is listed in my name and ............................ | ||||||
17 | There is a mortgage on my real estate. State the | ||||||
18 | mortgage company's name and address for each parcel of real | ||||||
19 | estate owned: | ||||||
20 | ............................................................. | ||||||
21 | An assignment of beneficial interest in the land trust | ||||||
22 | was signed to secure a loan from ............................. | ||||||
23 | I have the following accounts: | ||||||
24 | Checking account at ..........; | ||||||
25 | account balance $...... | ||||||
26 | Savings account at ..........; |
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1 | account balance $...... | ||||||
2 | Money market or certificate of deposit at ........ | ||||||
3 | Safe deposit box at .............................. | ||||||
4 | Other accounts (please identify): ................ | ||||||
5 | I own: | ||||||
6 | A vehicle (state year, make, model, and VIN): .... | ||||||
7 | Jewelry (please specify): ........................ | ||||||
8 | Other property described as:...................... | ||||||
9 | Stocks/Bonds..................... | ||||||
10 | Personal computer................ | ||||||
11 | DVD player....................... | ||||||
12 | Television....................... | ||||||
13 | Stove....................... | ||||||
14 | Microwave....................... | ||||||
15 | Work tools....................... | ||||||
16 | Business equipment....................... | ||||||
17 | Farm equipment....................... | ||||||
18 | Other property (please specify): | ||||||
19 | ............................................................. | ||||||
20 | Signature:.................... | ||||||
21 | (c) When assets or income of the judgment debtor not exempt | ||||||
22 | from
the satisfaction of a judgment, a deduction order or | ||||||
23 | garnishment are
discovered, the court may, by appropriate order | ||||||
24 | or judgment:
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25 | (1) Compel the judgment debtor to deliver up, to be | ||||||
26 | applied in
satisfaction of the judgment, in whole or in |
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1 | part, money, choses in
action, property or effects in his | ||||||
2 | or her possession or control, so discovered,
capable of | ||||||
3 | delivery and to which his or her title or right of | ||||||
4 | possession is not
substantially disputed.
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5 | (2) Compel the judgment debtor to pay to the judgment | ||||||
6 | creditor or
apply on the judgment, in installments, a | ||||||
7 | portion of his or her income, however
or whenever earned or | ||||||
8 | acquired, as the court may deem proper, having due
regard | ||||||
9 | for the reasonable requirements of the judgment debtor and | ||||||
10 | his or her
family, if dependent upon him or her, as well as | ||||||
11 | any payments required to be
made by prior order of court or | ||||||
12 | under wage assignments outstanding; provided
that the | ||||||
13 | judgment debtor shall not be compelled to pay income which | ||||||
14 | would be
considered exempt as wages under the Wage | ||||||
15 | Deduction Statute. The court may
modify an order for | ||||||
16 | installment payments, from time to time, upon application
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17 | of either party upon notice to the other.
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18 | (3) Compel any person cited, other than the judgment | ||||||
19 | debtor, to
deliver up any assets so discovered, to be | ||||||
20 | applied in satisfaction of
the judgment, in whole or in | ||||||
21 | part, when those assets are held under such
circumstances | ||||||
22 | that in an action by the judgment debtor he or she could | ||||||
23 | recover
them in specie or obtain a judgment for the | ||||||
24 | proceeds or value thereof as
for conversion or | ||||||
25 | embezzlement. A judgment creditor may recover a corporate | ||||||
26 | judgment debtor's property on behalf of the judgment debtor |
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1 | for use of the judgment creditor by filing an appropriate | ||||||
2 | petition within the citation proceedings.
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3 | (4) Enter any order upon or judgment against the person | ||||||
4 | cited that
could be entered in any garnishment proceeding.
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5 | (5) Compel any person cited to execute an assignment of | ||||||
6 | any chose in
action or a conveyance of title to real or | ||||||
7 | personal property or resign memberships in exchanges, | ||||||
8 | clubs, or other entities in the
same manner and to the same | ||||||
9 | extent as a court could do in any proceeding
by a judgment | ||||||
10 | creditor to enforce payment of a judgment or in aid of
the | ||||||
11 | enforcement of a judgment.
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12 | (6) Authorize the judgment creditor to maintain an | ||||||
13 | action against
any person or corporation that, it appears | ||||||
14 | upon proof satisfactory to
the court, is indebted to the | ||||||
15 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
16 | transfer or other disposition of the debt until an
action | ||||||
17 | can be commenced and prosecuted to judgment, direct that | ||||||
18 | the
papers or proof in the possession or control of the | ||||||
19 | debtor and necessary
in the prosecution of the action be | ||||||
20 | delivered to the creditor or
impounded in court, and | ||||||
21 | provide for the disposition of any moneys in
excess of the | ||||||
22 | sum required to pay the judgment creditor's judgment and
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23 | costs allowed by the court.
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24 | (d) No order or judgment shall be entered under subsection | ||||||
25 | (c) in favor of
the judgment creditor unless there appears of | ||||||
26 | record a certification of
mailing showing that a copy of the |
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1 | citation , and a copy of the citation notice , and, in the case | ||||||
2 | of a judgment debtor who is a natural person, the Income and | ||||||
3 | Asset Form were served upon was mailed to the judgment debtor | ||||||
4 | as required by subsection (b) , the judgment debtor has had an | ||||||
5 | opportunity to assert exemptions, and the payments are from | ||||||
6 | non-exempt sources. Any action properly initiated under this | ||||||
7 | Section may proceed notwithstanding an absent or incomplete | ||||||
8 | Income and Asset Form, and a judgment debtor may be examined | ||||||
9 | for the purpose of allowing the judgment creditor to discover | ||||||
10 | income and assets belonging to the judgment debtor or in which | ||||||
11 | the judgment debtor has an interest .
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12 | (d-5) If upon examination the court determines that the | ||||||
13 | judgment debtor does not possess any non-exempt income or | ||||||
14 | assets, then the citation shall be dismissed. | ||||||
15 | (e) All property ordered to be delivered up shall, except | ||||||
16 | as
otherwise provided in this Section, be delivered to the | ||||||
17 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
18 | and the proceeds thereof
applied towards the payment of costs | ||||||
19 | and the satisfaction of the judgment. If the judgment debtor's | ||||||
20 | property is of such a nature that it is not readily delivered | ||||||
21 | up to the sheriff for public sale or if another method of sale | ||||||
22 | is more appropriate to liquidate the property or enhance its | ||||||
23 | value at sale, the court may order the sale of such property by | ||||||
24 | the debtor, third party respondent, or by a selling agent other | ||||||
25 | than the sheriff upon such terms as are just and equitable. The | ||||||
26 | proceeds of sale, after deducting reasonable and necessary |
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1 | expenses, are to be turned over to the creditor and applied to | ||||||
2 | the balance due on the judgment.
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3 | (f) (1) The citation may prohibit the party to whom it is | ||||||
4 | directed from
making or allowing any transfer or other | ||||||
5 | disposition of, or interfering with,
any property not | ||||||
6 | exempt from the enforcement of a judgment therefrom, a
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7 | deduction order or garnishment, belonging to the judgment | ||||||
8 | debtor or to which he
or she may be entitled or which may | ||||||
9 | thereafter be acquired by or become due to
him or her, and | ||||||
10 | from paying over or otherwise disposing of any moneys not | ||||||
11 | so
exempt which are due or to become due to the judgment | ||||||
12 | debtor, until the further
order of the court or the | ||||||
13 | termination of the proceeding, whichever occurs
first. The | ||||||
14 | third party may not be obliged to withhold the payment of | ||||||
15 | any
moneys beyond double the amount of the balance due | ||||||
16 | sought to be enforced by the
judgment creditor. The court | ||||||
17 | may punish any party who violates the restraining
provision | ||||||
18 | of a citation as and for a contempt, or if the party is a | ||||||
19 | third party
may enter judgment against him or her in the | ||||||
20 | amount of the unpaid portion of
the judgment and costs | ||||||
21 | allowable under this Section, or in the amount of the
value | ||||||
22 | of the property transferred, whichever is lesser.
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23 | (2) The court may enjoin any person, whether or not a | ||||||
24 | party to the
supplementary proceeding, from making or | ||||||
25 | allowing any transfer or other
disposition of, or | ||||||
26 | interference with, the property of the judgment
debtor not |
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1 | exempt from the enforcement of a judgment, a deduction | ||||||
2 | order or
garnishment, or the property or debt not so exempt | ||||||
3 | concerning which any
person is required to attend and be | ||||||
4 | examined until further direction in the
premises. The | ||||||
5 | injunction order shall remain in effect until vacated by | ||||||
6 | the
court or until the proceeding is terminated, whichever | ||||||
7 | first occurs.
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8 | (g) If it appears that any property, chose in action, | ||||||
9 | credit or
effect discovered, or any interest therein, is | ||||||
10 | claimed by any person, the court
shall, as in garnishment | ||||||
11 | proceedings, permit or require the claimant to appear
and | ||||||
12 | maintain his or her right. The rights of the person cited
and | ||||||
13 | the rights of any adverse claimant shall be asserted and | ||||||
14 | determined
pursuant to the law relating to garnishment | ||||||
15 | proceedings.
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16 | (h) Costs in proceedings authorized by this Section shall | ||||||
17 | be
allowed, assessed and paid in accordance with rules, | ||||||
18 | provided that if the
court determines, in its discretion, that | ||||||
19 | costs incurred by the judgment
creditor were improperly | ||||||
20 | incurred, those costs shall be paid by the judgment
creditor.
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21 | (i) This Section is in addition to and does not affect
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22 | enforcement of judgments or proceedings supplementary thereto, | ||||||
23 | by any other
methods now or hereafter provided by law.
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24 | (j) This Section does not grant the power to any court to | ||||||
25 | order
installment or other payments from, or compel the sale, | ||||||
26 | delivery,
surrender, assignment or conveyance of any property |
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1 | exempt by statute
from the enforcement of a judgment thereon, a | ||||||
2 | deduction order, garnishment,
attachment, sequestration, | ||||||
3 | process or other levy or seizure.
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4 | (k) (Blank).
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5 | (k-5) If the court determines that any property held by a | ||||||
6 | third party respondent is wages pursuant to Section 12-801, the | ||||||
7 | court shall proceed as if a wage deduction proceeding had been | ||||||
8 | filed and proceed to enter such necessary and proper orders as | ||||||
9 | would have been entered in a wage deduction proceeding | ||||||
10 | including but not limited to the granting of the statutory | ||||||
11 | exemptions allowed by Section 12-803 and all other remedies | ||||||
12 | allowed plaintiff and defendant pursuant to Part 8 of Article | ||||||
13 | 12 of this Act.
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14 | (k-10) If a creditor discovers personal property of the | ||||||
15 | judgment debtor that is subject to the lien of a citation to | ||||||
16 | discover assets, the creditor may have the court impress a lien | ||||||
17 | against a specific item of personal property, including a | ||||||
18 | beneficial interest in a land trust. The lien survives the | ||||||
19 | termination of the citation proceedings and remains as a lien | ||||||
20 | against the personal property in the same manner that a | ||||||
21 | judgment lien recorded against real property pursuant to | ||||||
22 | Section 12-101 remains a lien on real property. If the judgment | ||||||
23 | is revived before dormancy, the lien shall remain. A lien | ||||||
24 | against personal property may, but need not, be recorded in the | ||||||
25 | office of the recorder or filed as an informational filing | ||||||
26 | pursuant to the Uniform Commercial Code. |
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1 | (l) At any citation hearing at which the judgment debtor | ||||||
2 | appears and seeks
a declaration that certain of his or her | ||||||
3 | income or assets are exempt, the court
shall proceed to | ||||||
4 | determine whether the property which the judgment debtor
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5 | declares to be exempt is exempt from judgment. At any time | ||||||
6 | before the return
date specified on the citation, the judgment | ||||||
7 | debtor may request, in writing, a
hearing to declare exempt | ||||||
8 | certain income and assets by notifying the clerk of
the court | ||||||
9 | before that time, using forms as may be provided by the clerk | ||||||
10 | of the
court. The clerk of the court will obtain a prompt | ||||||
11 | hearing date from the
court and will provide the necessary | ||||||
12 | forms that must be prepared by the
judgment debtor or the | ||||||
13 | attorney for the judgment debtor and sent to the
judgment | ||||||
14 | creditor, or the judgment creditor's attorney, regarding the | ||||||
15 | time and
location of the hearing. This notice may be sent by | ||||||
16 | regular first class mail.
At the hearing, the court shall | ||||||
17 | immediately, unless for good cause shown that
the hearing is to | ||||||
18 | be continued, shall proceed to determine whether the property
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19 | which the judgment debtor declares to be exempt is exempt from | ||||||
20 | judgment. The
restraining provisions of subsection (f) shall | ||||||
21 | not apply to any property
determined by the court to be exempt.
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22 | (m) The judgment or balance due on the judgment becomes a | ||||||
23 | lien when a
citation is served in accordance with subsection | ||||||
24 | (a) of this Section. The lien
binds nonexempt personal | ||||||
25 | property, including money, choses in action, and
effects of the | ||||||
26 | judgment debtor as follows:
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1 | (1) When the citation is directed against the judgment | ||||||
2 | debtor, upon all
personal property belonging to the | ||||||
3 | judgment debtor in the possession or control
of the | ||||||
4 | judgment debtor or which may thereafter be acquired or come | ||||||
5 | due to the
judgment debtor to the time of the disposition | ||||||
6 | of the citation.
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7 | (2) When the citation is directed against a third | ||||||
8 | party, upon all personal
property belonging to the judgment | ||||||
9 | debtor in the possession or control of the
third party or | ||||||
10 | which thereafter may be acquired or come due the judgment | ||||||
11 | debtor
and comes into the possession or control of the | ||||||
12 | third party to the time of the
disposition of the citation.
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13 | The lien established under this Section does not affect the | ||||||
14 | rights of
citation respondents in property prior to the service | ||||||
15 | of the citation upon them
and does not affect the rights of | ||||||
16 | bona fide purchasers or lenders without
notice of the citation. | ||||||
17 | The lien is effective for the period specified by
Supreme Court | ||||||
18 | Rule.
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19 | This subsection (m), as added by Public Act 88-48, is a | ||||||
20 | declaration of
existing law.
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21 | (n) If any provision of this Act or its application to any | ||||||
22 | person or
circumstance is held invalid, the invalidity of that | ||||||
23 | provision or application
does not affect the provisions or | ||||||
24 | applications of the Act that can be given
effect without the | ||||||
25 | invalid provision or application.
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26 | (o) The changes to this Section made by this amendatory Act |
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1 | of the 97th General Assembly apply only to supplementary | ||||||
2 | proceedings commenced under this Section on or after the | ||||||
3 | effective date of this amendatory Act of the 97th General | ||||||
4 | Assembly. | ||||||
5 | (Source: P.A. 97-350, eff. 1-1-12.)
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6 | (735 ILCS 5/12-107.5 new) | ||||||
7 | Sec. 12-107.5. Body attachment order. | ||||||
8 | (a) No order of body attachment or other civil order for | ||||||
9 | the incarceration or detention of a natural person respondent | ||||||
10 | to answer for a charge of indirect civil contempt shall issue | ||||||
11 | unless the respondent has first had an opportunity, after | ||||||
12 | personal service or abode service of notice as provided in | ||||||
13 | Section 2-203, and served by a person authorized to serve | ||||||
14 | process as provided by rule, to appear in court to show cause | ||||||
15 | why the respondent should not be held in contempt. | ||||||
16 | (b) The notice shall be an order to show cause. | ||||||
17 | (c) Any order issued pursuant to subsection (a) shall | ||||||
18 | expire one year after the date of issue. | ||||||
19 | (d) The first order issued pursuant to subsection (a) and | ||||||
20 | directed to a respondent may be in the nature of a recognizance | ||||||
21 | bond in the sum of no more than $1,000. | ||||||
22 | (e) Upon discharge of any bond secured by the posting of | ||||||
23 | funds, the funds shall be returned to the respondent or other | ||||||
24 | party posting the bond, unless the court after inquiry | ||||||
25 | determines that: (1) the judgment debtor has willfully refused |
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1 | to comply with a payment order entered in accordance with | ||||||
2 | Section 2-1402 or an otherwise validly entered order; and (2) | ||||||
3 | that any part of the funds constitute non-exempt funds of the | ||||||
4 | judgment debtor, in which case the court may cause the | ||||||
5 | non-exempt portion of the funds to be paid over to the judgment | ||||||
6 | creditor. | ||||||
7 | Section 97. Severability. The provisions of this Act are | ||||||
8 | severable under Section 1.31 of the Statute on Statutes.
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9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.".
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