102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3722

 

Introduced 1/21/2022, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1402  from Ch. 110, par. 2-1402
735 ILCS 5/12-901  from Ch. 110, par. 12-901
735 ILCS 5/12-904  from Ch. 110, par. 12-904
735 ILCS 5/12-906  from Ch. 110, par. 12-906
735 ILCS 5/12-909  from Ch. 110, par. 12-909
735 ILCS 5/12-910  from Ch. 110, par. 12-910
735 ILCS 5/12-911  from Ch. 110, par. 12-911
735 ILCS 5/12-912  from Ch. 110, par. 12-912

    Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of the greater of (1) the countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed $600,000, or (2) $300,000 (rather than $15,000) 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. Makes conforming changes.


LRB102 24373 LNS 33607 b

 

 

A BILL FOR

 

SB3722LRB102 24373 LNS 33607 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 Sections 2-1402, 12-901, 12-904, 12-906, 12-909,
612-910, 12-911, and 12-912 as follows:
 
7    (735 ILCS 5/2-1402)  (from Ch. 110, par. 2-1402)
8    Sec. 2-1402. Citations to discover assets.
9    (a) A judgment creditor, or his or her successor in
10interest when that interest is made to appear of record, is
11entitled to prosecute citations to discover assets for the
12purposes of examining the judgment debtor or any other person
13to discover assets or income of the debtor not exempt from the
14enforcement of the judgment, a deduction order or garnishment,
15and of compelling the application of non-exempt assets or
16income discovered toward the payment of the amount due under
17the judgment. A citation proceeding shall be commenced by the
18service of a citation issued by the clerk. The procedure for
19conducting citation proceedings shall be prescribed by rules.
20All citations issued by the clerk shall have the following
21language, or language substantially similar thereto, stated
22prominently on the front, in capital letters: "IF YOU FAIL TO
23APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED

 

 

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1AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT
2OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE
3COUNTY JAIL." The court shall not grant a continuance of the
4citation proceeding except upon good cause shown.
5    (b) Any citation served upon a judgment debtor or any
6other person shall include a certification by the attorney for
7the judgment creditor or the judgment creditor setting forth
8the amount of the judgment, the date of the judgment, or its
9revival date, the balance due thereon, the name of the court,
10and the number of the case, and a copy of the citation notice
11required by this subsection. Whenever a citation is served
12upon a person or party other than the judgment debtor, the
13officer or person serving the citation shall send to the
14judgment debtor, within three business days of the service
15upon the cited party, a copy of the citation and the citation
16notice, which may be sent by regular first-class mail to the
17judgment debtor's last known address. In no event shall a
18citation hearing be held sooner than five business days after
19the mailing of the citation and citation notice to the
20judgment debtor, except by agreement of the parties. The
21citation notice need not be mailed to a corporation,
22partnership, or association. The citation notice shall be in
23substantially the following form:
24
"CITATION NOTICE
25        (Name and address of Court)
26        Name of Case: (Name of Judgment Creditor),

 

 

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1            Judgment Creditor v.
2            (Name of Judgment Debtor),
3            Judgment Debtor.
4        Address of Judgment Debtor: (Insert last known
5            address)
6        Name and address of Attorney for Judgment
7            Creditor or of Judgment Creditor (If no
8            attorney is listed): (Insert name and address)
9        Amount of Judgment: $ (Insert amount)
10        Name of Person Receiving Citation: (Insert name)
11        Court Date and Time: (Insert return date and time
12            specified in citation)
13    NOTICE: The court has issued a citation against the person
14named above. The citation directs that person to appear in
15court to be examined for the purpose of allowing the judgment
16creditor to discover income and assets belonging to the
17judgment debtor or in which the judgment debtor has an
18interest. The citation was issued on the basis of a judgment
19against the judgment debtor in favor of the judgment creditor
20in the amount stated above. On or after the court date stated
21above, the court may compel the application of any discovered
22income or assets toward payment on the judgment.
23    The amount of income or assets that may be applied toward
24the judgment is limited by federal and Illinois law. The
25JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
26AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH

 

 

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1MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
2ABOVE:
3        (1) Under Illinois or federal law, the exemptions of
4    personal property owned by the debtor include the debtor's
5    equity interest, not to exceed $4,000 in value, in any
6    personal property as chosen by the debtor; Social Security
7    and SSI benefits; public assistance benefits; unemployment
8    compensation benefits; worker's compensation benefits;
9    veteran's benefits; circuit breaker property tax relief
10    benefits; the debtor's equity interest, not to exceed
11    $2,400 in value, in any one motor vehicle, and the
12    debtor's equity interest, not to exceed $1,500 in value,
13    in any implements, professional books, or tools of the
14    trade of the debtor.
15        (2) Under Illinois law, every person is entitled to an
16    estate in homestead, when it is owned and occupied as a
17    residence, to the extent in value of the greater of (1) the
18    countywide median sale price for a single-family home in
19    the calendar year prior to the calendar year in which the
20    judgment debtor claims the exemption, not to exceed
21    $600,000, or (2) $300,000 $15,000, which homestead is
22    exempt from judgment.
23        (3) Under Illinois law, the amount of wages that may
24    be applied toward a judgment is limited to the lesser of
25    (i) 15% of gross weekly wages or (ii) the amount by which
26    disposable earnings for a week exceed the total of 45

 

 

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1    times the federal minimum hourly wage or, under a wage
2    deduction summons served on or after January 1, 2006, the
3    Illinois minimum hourly wage, whichever is greater.
4        (4) Under federal law, the amount of wages that may be
5    applied toward a judgment is limited to the lesser of (i)
6    25% of disposable earnings for a week or (ii) the amount by
7    which disposable earnings for a week exceed 30 times the
8    federal minimum hourly wage.
9        (5) Pension and retirement benefits and refunds may be
10    claimed as exempt under Illinois law.
11    The judgment debtor may have other possible exemptions
12under the law.
13    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
14TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
15judgment debtor also has the right to seek a declaration at an
16earlier date, by notifying the clerk in writing at (insert
17address of clerk). When so notified, the Clerk of the Court
18will obtain a prompt hearing date from the court and will
19provide the necessary forms that must be prepared by the
20judgment debtor or the attorney for the judgment debtor and
21sent to the judgment creditor and the judgment creditor's
22attorney regarding the time and location of the hearing. This
23notice may be sent by regular first class mail."
24    (b-1) Any citation served upon a judgment debtor who is a
25natural person shall be served by personal service or abode
26service as provided in Supreme Court Rule 105 and shall

 

 

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1include a copy of the Income and Asset Form set forth in
2subsection (b-5).
3    (b-5) The Income and Asset Form required to be served by
4the judgment creditor in subsection (b-1) shall be in
5substantially the following form:
 
6
INCOME AND ASSET FORM
7        To Judgment Debtor: Please complete this form and
8    bring it with you to the hearing referenced in the
9    enclosed citation notice. You should also bring to the
10    hearing any documents you have to support the information
11    you provide in this form, such as pay stubs and account
12    statements. The information you provide will help the
13    court determine whether you have any property or income
14    that can be used to satisfy the judgment entered against
15    you in this matter. The information you provide must be
16    accurate to the best of your knowledge.
17        If you fail to appear at this hearing, you could be
18    held in contempt of court and possibly arrested.
19        In answer to the citation proceedings served upon the
20    judgment debtor, he or she answers as follows:
 
21        Name:.....................
22        Home Phone Number:.................
23        Home Address:....................
24        Date of Birth:......................

 

 

SB3722- 7 -LRB102 24373 LNS 33607 b

1        Marital Status:.....................
2        I have.........dependents.
3        Do you have a job? YES NO
4        Company's name I work for:......................
5        Company's address:..............................
 
6        Job:
7            I earn $....... per.......
8            If self employed, list here your business name and
9        address:
10            .............................................
11            Income from self employment is $......... per
12        year.
13            I have the following benefits with my employer:
14            .............................................
15        I do not have a job, but I support myself through:
16            Government Assistance $........ per month
17            Unemployment $........ per month
18            Social Security $........ per month
19            SSI $........ per month
20            Pension $........ per month
21            Other $........ per month
22        Real Estate:
23        Do you own any real estate? YES NO
24        I own real estate at.........., with names of other
25    owners

 

 

SB3722- 8 -LRB102 24373 LNS 33607 b

1        .................................................
2        Additional real estate I own:....................
3        I have a beneficial interest in a land trust. The name
4    and address of the trustee is:............. The beneficial
5    interest is listed in my name and........................
6        There is a mortgage on my real estate. State the
7    mortgage company's name and address for each parcel of
8    real estate owned:
9        .................................................
10        An assignment of beneficial interest in the land trust
11    was signed to secure a loan from.........................
12        I have the following accounts:
13            Checking account at ..........;
14              account balance $......
15            Savings account at ..........;
16              account balance $......
17            Money market or certificate of deposit at....
18            Safe deposit box at..........................
19            Other accounts (please identify):............
20        I own:
21            A vehicle (state year, make, model, and VIN):.
22            Jewelry (please specify):....................
23        Other property described as:......................
24            Stocks/Bonds.....................
25            Personal computer................
26            DVD player.......................

 

 

SB3722- 9 -LRB102 24373 LNS 33607 b

1            Television.......................
2            Stove.......................
3            Microwave.......................
4            Work tools.......................
5            Business equipment.......................
6            Farm equipment.......................
7            Other property (please specify):
8            .............................................
9        Signature:....................
10    (b-10) Any action properly initiated under this Section
11may proceed notwithstanding an absent or incomplete Income and
12Asset Form, and a judgment debtor may be examined for the
13purpose of allowing the judgment creditor to discover income
14and assets belonging to the judgment debtor or in which the
15judgment debtor has an interest.
16    (c) When assets or income of the judgment debtor not
17exempt from the satisfaction of a judgment, a deduction order
18or garnishment are discovered, the court may, by appropriate
19order or judgment:
20        (1) Compel the judgment debtor to deliver up, to be
21    applied in satisfaction of the judgment, in whole or in
22    part, money, choses in action, property or effects in his
23    or her possession or control, so discovered, capable of
24    delivery and to which his or her title or right of
25    possession is not substantially disputed.
26        (2) Compel the judgment debtor to pay to the judgment

 

 

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1    creditor or apply on the judgment, in installments, a
2    portion of his or her income, however or whenever earned
3    or acquired, as the court may deem proper, having due
4    regard for the reasonable requirements of the judgment
5    debtor and his or her family, if dependent upon him or her,
6    as well as any payments required to be made by prior order
7    of court or under wage assignments outstanding; provided
8    that the judgment debtor shall not be compelled to pay
9    income which would be considered exempt as wages under the
10    Wage Deduction Statute. The court may modify an order for
11    installment payments, from time to time, upon application
12    of either party upon notice to the other.
13        (3) Compel any person cited, other than the judgment
14    debtor, to deliver up any assets so discovered, to be
15    applied in satisfaction of the judgment, in whole or in
16    part, when those assets are held under such circumstances
17    that in an action by the judgment debtor he or she could
18    recover them in specie or obtain a judgment for the
19    proceeds or value thereof as for conversion or
20    embezzlement. A judgment creditor may recover a corporate
21    judgment debtor's property on behalf of the judgment
22    debtor for use of the judgment creditor by filing an
23    appropriate petition within the citation proceedings.
24        (4) Enter any order upon or judgment against the
25    person cited that could be entered in any garnishment
26    proceeding.

 

 

SB3722- 11 -LRB102 24373 LNS 33607 b

1        (5) Compel any person cited to execute an assignment
2    of any chose in action or a conveyance of title to real or
3    personal property or resign memberships in exchanges,
4    clubs, or other entities in the same manner and to the same
5    extent as a court could do in any proceeding by a judgment
6    creditor to enforce payment of a judgment or in aid of the
7    enforcement of a judgment.
8        (6) Authorize the judgment creditor to maintain an
9    action against any person or corporation that, it appears
10    upon proof satisfactory to the court, is indebted to the
11    judgment debtor, for the recovery of the debt, forbid the
12    transfer or other disposition of the debt until an action
13    can be commenced and prosecuted to judgment, direct that
14    the papers or proof in the possession or control of the
15    debtor and necessary in the prosecution of the action be
16    delivered to the creditor or impounded in court, and
17    provide for the disposition of any moneys in excess of the
18    sum required to pay the judgment creditor's judgment and
19    costs allowed by the court.
20    (c-5) If a citation is directed to a judgment debtor who is
21a natural person, no payment order shall be entered under
22subsection (c) unless the Income and Asset Form was served
23upon the judgment debtor as required by subsection (b-1), the
24judgment debtor has had an opportunity to assert exemptions,
25and the payments are from non-exempt sources.
26    (d) No order or judgment shall be entered under subsection

 

 

SB3722- 12 -LRB102 24373 LNS 33607 b

1(c) in favor of the judgment creditor unless there appears of
2record a certification of mailing showing that a copy of the
3citation and a copy of the citation notice was mailed to the
4judgment debtor as required by subsection (b).
5    (d-5) If upon examination the court determines that the
6judgment debtor does not possess any non-exempt income or
7assets, then the citation shall be dismissed.
8    (e) All property ordered to be delivered up shall, except
9as otherwise provided in this Section, be delivered to the
10sheriff to be collected by the sheriff or sold at public sale
11and the proceeds thereof applied towards the payment of costs
12and the satisfaction of the judgment. If the judgment debtor's
13property is of such a nature that it is not readily delivered
14up to the sheriff for public sale or if another method of sale
15is more appropriate to liquidate the property or enhance its
16value at sale, the court may order the sale of such property by
17the debtor, third party respondent, or by a selling agent
18other than the sheriff upon such terms as are just and
19equitable. The proceeds of sale, after deducting reasonable
20and necessary expenses, are to be turned over to the creditor
21and applied to the balance due on the judgment.
22    (f)(1) The citation may prohibit the party to whom it is
23directed from making or allowing any transfer or other
24disposition of, or interfering with, any property not exempt
25from the enforcement of a judgment therefrom, a deduction
26order or garnishment, belonging to the judgment debtor or to

 

 

SB3722- 13 -LRB102 24373 LNS 33607 b

1which he or she may be entitled or which may thereafter be
2acquired by or become due to him or her, and from paying over
3or otherwise disposing of any moneys not so exempt which are
4due or to become due to the judgment debtor, until the further
5order of the court or the termination of the proceeding,
6whichever occurs first. The third party may not be obliged to
7withhold the payment of any moneys beyond double the amount of
8the balance due sought to be enforced by the judgment
9creditor. The court may punish any party who violates the
10restraining provision of a citation as and for a contempt, or
11if the party is a third party may enter judgment against him or
12her in the amount of the unpaid portion of the judgment and
13costs allowable under this Section, or in the amount of the
14value of the property transferred, whichever is lesser.
15    (2) The court may enjoin any person, whether or not a party
16to the citation proceeding, from making or allowing any
17transfer or other disposition of, or interference with, the
18property of the judgment debtor not exempt from the
19enforcement of a judgment, a deduction order or garnishment,
20or the property or debt not so exempt concerning which any
21person is required to attend and be examined until further
22direction in the premises. The injunction order shall remain
23in effect until vacated by the court or until the proceeding is
24terminated, whichever first occurs.
25    (g) If it appears that any property, chose in action,
26credit or effect discovered, or any interest therein, is

 

 

SB3722- 14 -LRB102 24373 LNS 33607 b

1claimed by any person, the court shall, as in garnishment
2proceedings, permit or require the claimant to appear and
3maintain his or her right. The rights of the person cited and
4the rights of any adverse claimant shall be asserted and
5determined pursuant to the law relating to garnishment
6proceedings.
7    (h) Costs in proceedings authorized by this Section shall
8be allowed, assessed and paid in accordance with rules,
9provided that if the court determines, in its discretion, that
10costs incurred by the judgment creditor were improperly
11incurred, those costs shall be paid by the judgment creditor.
12    (i) This Section is in addition to and does not affect
13enforcement of judgments or citation proceedings thereto, by
14any other methods now or hereafter provided by law.
15    (j) This Section does not grant the power to any court to
16order installment or other payments from, or compel the sale,
17delivery, surrender, assignment or conveyance of any property
18exempt by statute from the enforcement of a judgment thereon,
19a deduction order, garnishment, attachment, sequestration,
20process or other levy or seizure.
21    (k) (Blank).
22    (k-3) The court may enter any order upon or judgment
23against the respondent cited that could be entered in any
24garnishment proceeding under Part 7 of Article XII of this
25Code. This subsection (k-3) shall be construed as being
26declarative of existing law and not as a new enactment.

 

 

SB3722- 15 -LRB102 24373 LNS 33607 b

1    (k-5) If the court determines that any property held by a
2third party respondent is wages pursuant to Section 12-801,
3the court shall proceed as if a wage deduction proceeding had
4been filed and proceed to enter such necessary and proper
5orders as would have been entered in a wage deduction
6proceeding including but not limited to the granting of the
7statutory exemptions allowed by Section 12-803 and all other
8remedies allowed plaintiff and defendant pursuant to Part 8 of
9Article 12 of this Act.
10    (k-10) If a creditor discovers personal property of the
11judgment debtor that is subject to the lien of a citation to
12discover assets, the creditor may have the court impress a
13lien against a specific item of personal property, including a
14beneficial interest in a land trust. The lien survives the
15termination of the citation proceedings and remains as a lien
16against the personal property in the same manner that a
17judgment lien recorded against real property pursuant to
18Section 12-101 remains a lien on real property. If the
19judgment is revived before dormancy, the lien shall remain. A
20lien against personal property may, but need not, be recorded
21in the office of the recorder or filed as an informational
22filing pursuant to the Uniform Commercial Code.
23    (l) At any citation hearing at which the judgment debtor
24appears and seeks a declaration that certain of his or her
25income or assets are exempt, the court shall proceed to
26determine whether the property which the judgment debtor

 

 

SB3722- 16 -LRB102 24373 LNS 33607 b

1declares to be exempt is exempt from judgment. At any time
2before the return date specified on the citation, the judgment
3debtor may request, in writing, a hearing to declare exempt
4certain income and assets by notifying the clerk of the court
5before that time, using forms as may be provided by the clerk
6of the court. The clerk of the court will obtain a prompt
7hearing date from the court and will provide the necessary
8forms that must be prepared by the judgment debtor or the
9attorney for the judgment debtor and sent to the judgment
10creditor, or the judgment creditor's attorney, regarding the
11time and location of the hearing. This notice may be sent by
12regular first class mail. At the hearing, the court shall
13immediately, unless for good cause shown that the hearing is
14to be continued, shall proceed to determine whether the
15property which the judgment debtor declares to be exempt is
16exempt from judgment. The restraining provisions of subsection
17(f) shall not apply to any property determined by the court to
18be exempt.
19    (m) The judgment or balance due on the judgment becomes a
20lien when a citation is served in accordance with subsection
21(a) of this Section. The lien binds nonexempt personal
22property, including money, choses in action, and effects of
23the judgment debtor as follows:
24        (1) When the citation is directed against the judgment
25    debtor, upon all personal property belonging to the
26    judgment debtor in the possession or control of the

 

 

SB3722- 17 -LRB102 24373 LNS 33607 b

1    judgment debtor or which may thereafter be acquired or
2    come due to the judgment debtor to the time of the
3    disposition of the citation.
4        (2) When the citation is directed against a third
5    party, upon all personal property belonging to the
6    judgment debtor in the possession or control of the third
7    party or which thereafter may be acquired or come due the
8    judgment debtor and comes into the possession or control
9    of the third party to the time of the disposition of the
10    citation.
11    The lien established under this Section does not affect
12the rights of citation respondents in property prior to the
13service of the citation upon them and does not affect the
14rights of bona fide purchasers or lenders without notice of
15the citation. The lien is effective for the period specified
16by Supreme Court Rule.
17    This subsection (m), as added by Public Act 88-48, is a
18declaration of existing law.
19    (n) If any provision of this Act or its application to any
20person or circumstance is held invalid, the invalidity of that
21provision or application does not affect the provisions or
22applications of the Act that can be given effect without the
23invalid provision or application.
24    (o) The changes to this Section made by this amendatory
25Act of the 97th General Assembly apply only to citation
26proceedings commenced under this Section on or after the

 

 

SB3722- 18 -LRB102 24373 LNS 33607 b

1effective date of this amendatory Act of the 97th General
2Assembly. The requirements or limitations set forth in
3subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not
4apply to the enforcement of any order or judgment resulting
5from an adjudication of a municipal ordinance violation that
6is subject to Supreme Court Rules 570 through 579, or from an
7administrative adjudication of such an ordinance violation.
8(Source: P.A. 101-191, eff. 8-2-19.)
 
9    (735 ILCS 5/12-901)   (from Ch. 110, par. 12-901)
10    Sec. 12-901. Amount. Every individual is entitled to an
11estate of homestead to the extent in value of the greater of
12(1) the countywide median sale price for a single-family home
13in the calendar year prior to the calendar year in which the
14judgment debtor claims the exemption, not to exceed $600,000,
15or (2) $300,000 $15,000 of his or her interest in a farm or lot
16of land and buildings thereon, a condominium, or personal
17property, owned or rightly possessed by lease or otherwise and
18occupied by him or her as a residence, or in a cooperative that
19owns property that the individual uses as a residence. That
20homestead and all right in and title to that homestead is
21exempt from attachment, judgment, levy, or judgment sale for
22the payment of his or her debts or other purposes and from the
23laws of conveyance, descent, and legacy, except as provided in
24this Code or in Section 20-6 of the Probate Act of 1975. This
25Section is not applicable between joint tenants or tenants in

 

 

SB3722- 19 -LRB102 24373 LNS 33607 b

1common but it is applicable as to any creditors of those
2persons. If 2 or more individuals own property that is exempt
3as a homestead, the value of the exemption of each individual
4may not exceed his or her proportionate share of the greater of
5(1) the countywide median sale price for a single-family home
6in the calendar year prior to the calendar year in which the
7judgment debtor claims the exemption, not to exceed $600,000,
8or (2) $300,000 $30,000 based upon percentage of ownership.
9(Source: P.A. 94-293, eff. 1-1-06.)
 
10    (735 ILCS 5/12-904)   (from Ch. 110, par. 12-904)
11    Sec. 12-904. Release, waiver, or conveyance. No release,
12waiver, or conveyance of the estate so exempted shall be
13valid, unless the same is in writing, signed by the individual
14and his or her spouse, if he or she have one, or possession is
15abandoned or given pursuant to the conveyance; or if the
16exception is continued to a child or children without the
17order of a court directing a release thereof; but if a
18conveyance is made by an individual as grantor to his or her
19spouse, such conveyance shall be effectual to pass the title
20expressed therein to be conveyed thereby, whether or not the
21grantor in such conveyance is joined therein by his or her
22spouse. In any case where such release, waiver, or conveyance
23is taken by way of mortgage or security, the same shall only be
24operative as to such specific release, waiver, or conveyance;
25and when the same includes different pieces of land, or the

 

 

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1homestead is of greater value than the greater of (1) the
2countywide median sale price for a single-family home in the
3calendar year prior to the calendar year in which the judgment
4debtor claims the exemption, not to exceed $600,000, or (2)
5$300,000 $15,000, the other lands shall first be sold before
6resorting to the homestead, and in case of the sale of such
7homestead, if any balance remains after the payment of the
8debt and costs, such balance shall, to the extent of the
9greater of (1) the countywide median sale price for a
10single-family home in the calendar year prior to the calendar
11year in which the judgment debtor claims the exemption, not to
12exceed $600,000, or (2) $300,000 $15,000 be exempt, and be
13applied upon such homestead exemption in the manner provided
14by law.
15(Source: P.A. 94-293, eff. 1-1-06.)
 
16    (735 ILCS 5/12-906)   (from Ch. 110, par. 12-906)
17    Sec. 12-906. Proceeds of sale. When a homestead is
18conveyed by the owner thereof, such conveyance shall not
19subject the premises to any lien or encumbrance incumbrance to
20which it would not be subject in the possession of such owner;
21and the proceeds thereof, to the extent of the amount of the
22greater of (1) the countywide median sale price for a
23single-family home in the calendar year prior to the calendar
24year in which the judgment debtor claims the exemption, not to
25exceed $600,000, or (2) $300,000 $15,000, shall be exempt from

 

 

SB3722- 21 -LRB102 24373 LNS 33607 b

1judgment or other process, for one year after the receipt
2thereof, by the person entitled to the exemption, and if
3reinvested in a homestead the same shall be entitled to the
4same exemption as the original homestead.
5(Source: P.A. 94-293, eff. 1-1-06.)
 
6    (735 ILCS 5/12-909)   (from Ch. 110, par. 12-909)
7    Sec. 12-909. Bid for less than exempted amount. No sale
8shall be made of the premises on such judgment unless a greater
9sum than the greater of (1) the countywide median sale price
10for a single-family home in the calendar year prior to the
11calendar year in which the judgment debtor claims the
12exemption, not to exceed $600,000, or (2) $300,000 $15,000 is
13bid therefor. If a greater sum is not so bid, the judgment may
14be set aside or modified, or the enforcement of the judgment
15released, as for lack of property.
16(Source: P.A. 94-293, eff. 1-1-06.)
 
17    (735 ILCS 5/12-910)   (from Ch. 110, par. 12-910)
18    Sec. 12-910. Proceedings to enforce judgment. If in the
19opinion of the judgment creditors, or the officer holding a
20certified copy of a judgment for enforcement against such
21individuals, the premises claimed by him or her as exempt are
22worth more than the greater of (1) the countywide median sale
23price for a single-family home in the calendar year prior to
24the calendar year in which the judgment debtor claims the

 

 

SB3722- 22 -LRB102 24373 LNS 33607 b

1exemption, not to exceed $600,000, or (2) $300,000 $15,000,
2such officer shall summon 3 individuals, as commissioners, who
3shall, upon oath, to be administered to them by the officer,
4appraise the premises, and if, in their opinion, the property
5may be divided without damage to the interest of the parties,
6they shall set off so much of the premises, including the
7dwelling house, as in their opinion is worth the greater of (1)
8the countywide median sale price for a single-family home in
9the calendar year prior to the calendar year in which the
10judgment debtor claims the exemption, not to exceed $600,000,
11or (2) $300,000 $15,000, and the residue of the premises may be
12advertised and sold by such officer. Each commissioner shall
13receive for his or her services the sum of $5 per day for each
14day necessarily engaged in such service. The officer summoning
15such commissioners shall receive such fees as may be allowed
16for serving summons, but shall be entitled to charge mileage
17for only the actual distance traveled from the premises to be
18appraised, to the residence of the commissioners summoned. The
19officer shall not be required to summon commissioners until
20the judgment creditor, or someone some one for him or her,
21shall advance to the officer one day's fees for the
22commissioners, and unless the creditor shall advance such fees
23the officer shall not be required to enforce the judgment. The
24costs of such appraisement shall not be taxed against the
25judgment debtor unless such appraisement shows that the
26judgment debtor has property subject to such judgment.

 

 

SB3722- 23 -LRB102 24373 LNS 33607 b

1(Source: P.A. 94-293, eff. 1-1-06.)
 
2    (735 ILCS 5/12-911)   (from Ch. 110, par. 12-911)
3    Sec. 12-911. Notice to judgment debtor. In case the value
4of the premises is, in the opinion of the commissioners, more
5than the greater of (1) the countywide median sale price for a
6single-family home in the calendar year prior to the calendar
7year in which the judgment debtor claims the exemption, not to
8exceed $600,000, or (2) $300,000 $15,000, and cannot be
9divided as is provided for in Section 12-910 of this Act, they
10shall make and sign an appraisal of the value thereof, and
11deliver the same to the officer, who shall deliver a copy
12thereof to the judgment debtor, or to some one of the family of
13the age of 13 years or upwards, with a notice thereto attached
14that unless the judgment debtor pays to such officer the
15surplus over and above the greater of (1) the countywide
16median sale price for a single-family home in the calendar
17year prior to the calendar year in which the judgment debtor
18claims the exemption, not to exceed $600,000, or (2) $300,000
19$15,000 on the amount due on the judgment within 60 days
20thereafter, such premises will be sold.
21(Source: P.A. 94-293, eff. 1-1-06.)
 
22    (735 ILCS 5/12-912)   (from Ch. 110, par. 12-912)
23    Sec. 12-912. Sale of premises - Distribution of proceeds.
24In case of such surplus, or the amount due on the judgment is

 

 

SB3722- 24 -LRB102 24373 LNS 33607 b

1not paid within the 60 days, the officer may advertise and sell
2the premises, and out of the proceeds of such sale pay to such
3judgment debtor the sum of the greater of (1) the countywide
4median sale price for a single-family home in the calendar
5year prior to the calendar year in which the judgment debtor
6claims the exemption, not to exceed $600,000, or (2) $300,000
7$15,000, and apply the balance on the judgment.
8(Source: P.A. 94-293, eff. 1-1-06.)