98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0845

 

Introduced 1/25/2013, by Rep. Michael J. Madigan

 

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.


LRB098 03687 HEP 33703 b

 

 

A BILL FOR

 

HB0845LRB098 03687 HEP 33703 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing 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
8opinion of the judgment creditors, or the officer holding a
9certified copy of a judgment for enforcement against such
10individuals, the premises claimed by him or her as exempt are
11worth more than $15,000, such officer shall summon 3
12individuals, as commissioners, who shall, upon oath, to be
13administered to them by the officer, appraise the premises, and
14if, in their opinion, the property may be divided without
15damage to the interest of the parties, they shall set off so
16much of the premises, including the dwelling house, as in their
17opinion is worth $15,000, and the residue of the premises may
18be advertised and sold by such officer. Each commissioner shall
19receive for his or her services the sum of $5 per day for each
20day necessarily engaged in such service. The officer summoning
21such commissioners shall receive such fees as may be allowed
22for serving summons, but shall be entitled to charge mileage
23for only the actual distance traveled from the premises to be

 

 

HB0845- 2 -LRB098 03687 HEP 33703 b

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