103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0244

 

Introduced 1/31/2023, 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 $30,000 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, or $60,000 if the homestead is owned by 2 or more individuals. Makes conforming changes.


LRB103 25922 LNS 52273 b

 

 

A BILL FOR

 

SB0244LRB103 25922 LNS 52273 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 $30,000 $15,000,
18    which homestead is exempt from judgment.
19        (3) Under Illinois law, the amount of wages that may
20    be applied toward a judgment is limited to the lesser of
21    (i) 15% of gross weekly wages or (ii) the amount by which
22    disposable earnings for a week exceed the total of 45
23    times the federal minimum hourly wage or, under a wage
24    deduction summons served on or after January 1, 2006, the
25    Illinois minimum hourly wage, whichever is greater.
26        (4) Under federal law, the amount of wages that may be

 

 

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

 

 

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1substantially the following form:
 
2
INCOME AND ASSET FORM
3        To Judgment Debtor: Please complete this form and
4    bring it with you to the hearing referenced in the
5    enclosed citation notice. You should also bring to the
6    hearing any documents you have to support the information
7    you provide in this form, such as pay stubs and account
8    statements. The information you provide will help the
9    court determine whether you have any property or income
10    that can be used to satisfy the judgment entered against
11    you in this matter. The information you provide must be
12    accurate to the best of your knowledge.
13        If you fail to appear at this hearing, you could be
14    held in contempt of court and possibly arrested.
15        In answer to the citation proceedings served upon the
16    judgment debtor, he or she answers as follows:
 
17        Name:.....................
18        Home Phone Number:.................
19        Home Address:....................
20        Date of Birth:......................
21        Marital Status:.....................
22        I have.........dependents.
23        Do you have a job? YES NO
24        Company's name I work for:......................

 

 

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

 

 

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

 

 

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

 

 

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

 

 

SB0244- 11 -LRB103 25922 LNS 52273 b

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

 

 

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

 

 

SB0244- 13 -LRB103 25922 LNS 52273 b

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

 

 

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1determined pursuant to the law relating to garnishment
2proceedings.
3    (h) Costs in proceedings authorized by this Section shall
4be allowed, assessed and paid in accordance with rules,
5provided that if the court determines, in its discretion, that
6costs incurred by the judgment creditor were improperly
7incurred, those costs shall be paid by the judgment creditor.
8    (i) This Section is in addition to and does not affect
9enforcement of judgments or citation proceedings thereto, by
10any other methods now or hereafter provided by law.
11    (j) This Section does not grant the power to any court to
12order installment or other payments from, or compel the sale,
13delivery, surrender, assignment or conveyance of any property
14exempt by statute from the enforcement of a judgment thereon,
15a deduction order, garnishment, attachment, sequestration,
16process or other levy or seizure.
17    (k) (Blank).
18    (k-3) The court may enter any order upon or judgment
19against the respondent cited that could be entered in any
20garnishment proceeding under Part 7 of Article XII of this
21Code. This subsection (k-3) shall be construed as being
22declarative of existing law and not as a new enactment.
23    (k-5) If the court determines that any property held by a
24third party respondent is wages pursuant to Section 12-801,
25the court shall proceed as if a wage deduction proceeding had
26been filed and proceed to enter such necessary and proper

 

 

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

 

 

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

 

 

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

 

 

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1from an adjudication of a municipal ordinance violation that
2is subject to Supreme Court Rules 570 through 579, or from an
3administrative adjudication of such an ordinance violation.
4(Source: P.A. 101-191, eff. 8-2-19.)
 
5    (735 ILCS 5/12-901)   (from Ch. 110, par. 12-901)
6    Sec. 12-901. Amount. Every individual is entitled to an
7estate of homestead to the extent in value of $30,000 $15,000
8of his or her interest in a farm or lot of land and buildings
9thereon, a condominium, or personal property, owned or rightly
10possessed by lease or otherwise and occupied by him or her as a
11residence, or in a cooperative that owns property that the
12individual uses as a residence. That homestead and all right
13in and title to that homestead is exempt from attachment,
14judgment, levy, or judgment sale for the payment of his or her
15debts or other purposes and from the laws of conveyance,
16descent, and legacy, except as provided in this Code or in
17Section 20-6 of the Probate Act of 1975. This Section is not
18applicable between joint tenants or tenants in common but it
19is applicable as to any creditors of those persons. If 2 or
20more individuals own property that is exempt as a homestead,
21the value of the exemption of each individual may not exceed
22his or her proportionate share of $60,000 $30,000 based upon
23percentage of ownership.
24(Source: P.A. 94-293, eff. 1-1-06.)
 

 

 

SB0244- 19 -LRB103 25922 LNS 52273 b

1    (735 ILCS 5/12-904)   (from Ch. 110, par. 12-904)
2    Sec. 12-904. Release, waiver, or conveyance. No release,
3waiver, or conveyance of the estate so exempted shall be
4valid, unless the same is in writing, signed by the individual
5and his or her spouse, if he or she have one, or possession is
6abandoned or given pursuant to the conveyance; or if the
7exception is continued to a child or children without the
8order of a court directing a release thereof; but if a
9conveyance is made by an individual as grantor to his or her
10spouse, such conveyance shall be effectual to pass the title
11expressed therein to be conveyed thereby, whether or not the
12grantor in such conveyance is joined therein by his or her
13spouse. In any case where such release, waiver, or conveyance
14is taken by way of mortgage or security, the same shall only be
15operative as to such specific release, waiver, or conveyance;
16and when the same includes different pieces of land, or the
17homestead is of greater value than $30,000 $15,000, the other
18lands shall first be sold before resorting to the homestead,
19and in case of the sale of such homestead, if any balance
20remains after the payment of the debt and costs, such balance
21shall, to the extent of $30,000 $15,000 be exempt, and be
22applied upon such homestead exemption in the manner provided
23by law.
24(Source: P.A. 94-293, eff. 1-1-06.)
 
25    (735 ILCS 5/12-906)   (from Ch. 110, par. 12-906)

 

 

SB0244- 20 -LRB103 25922 LNS 52273 b

1    Sec. 12-906. Proceeds of sale. When a homestead is
2conveyed by the owner thereof, such conveyance shall not
3subject the premises to any lien or encumbrance incumbrance to
4which it would not be subject in the possession of such owner;
5and the proceeds thereof, to the extent of the amount of
6$30,000 $15,000, shall be exempt from judgment or other
7process, for one year after the receipt thereof, by the person
8entitled to the exemption, and if reinvested in a homestead
9the same shall be entitled to the same exemption as the
10original homestead.
11(Source: P.A. 94-293, eff. 1-1-06.)
 
12    (735 ILCS 5/12-909)   (from Ch. 110, par. 12-909)
13    Sec. 12-909. Bid for less than exempted amount. No sale
14shall be made of the premises on such judgment unless a greater
15sum than $30,000 $15,000 is bid therefor. If a greater sum is
16not so bid, the judgment may be set aside or modified, or the
17enforcement of the judgment released, as for lack of property.
18(Source: P.A. 94-293, eff. 1-1-06.)
 
19    (735 ILCS 5/12-910)   (from Ch. 110, par. 12-910)
20    Sec. 12-910. Proceedings to enforce judgment. If in the
21opinion of the judgment creditors, or the officer holding a
22certified copy of a judgment for enforcement against such
23individuals, the premises claimed by him or her as exempt are
24worth more than $30,000 $15,000, such officer shall summon 3

 

 

SB0244- 21 -LRB103 25922 LNS 52273 b

1individuals, as commissioners, who shall, upon oath, to be
2administered to them by the officer, appraise the premises,
3and if, in their opinion, the property may be divided without
4damage to the interest of the parties, they shall set off so
5much of the premises, including the dwelling house, as in
6their opinion is worth $30,000 $15,000, and the residue of the
7premises may be advertised and sold by such officer. Each
8commissioner shall receive for his or her services the sum of
9$5 per day for each day necessarily engaged in such service.
10The officer summoning such commissioners shall receive such
11fees as may be allowed for serving summons, but shall be
12entitled to charge mileage for only the actual distance
13traveled from the premises to be appraised, to the residence
14of the commissioners summoned. The officer shall not be
15required to summon commissioners until the judgment creditor,
16or someone some one for him or her, shall advance to the
17officer one day's fees for the commissioners, and unless the
18creditor shall advance such fees the officer shall not be
19required to enforce the judgment. The costs of such
20appraisement shall not be taxed against the judgment debtor
21unless such appraisement shows that the judgment debtor has
22property subject to such judgment.
23(Source: P.A. 94-293, eff. 1-1-06.)
 
24    (735 ILCS 5/12-911)   (from Ch. 110, par. 12-911)
25    Sec. 12-911. Notice to judgment debtor. In case the value

 

 

SB0244- 22 -LRB103 25922 LNS 52273 b

1of the premises is, in the opinion of the commissioners, more
2than $30,000 $15,000, and cannot be divided as is provided for
3in Section 12-910 of this Act, they shall make and sign an
4appraisal of the value thereof, and deliver the same to the
5officer, who shall deliver a copy thereof to the judgment
6debtor, or to some one of the family of the age of 13 years or
7upwards, with a notice thereto attached that unless the
8judgment debtor pays to such officer the surplus over and
9above $30,000 $15,000 on the amount due on the judgment within
1060 days thereafter, such premises will be sold.
11(Source: P.A. 94-293, eff. 1-1-06.)
 
12    (735 ILCS 5/12-912)   (from Ch. 110, par. 12-912)
13    Sec. 12-912. Sale of premises - Distribution of proceeds.
14In case of such surplus, or the amount due on the judgment is
15not paid within the 60 days, the officer may advertise and sell
16the premises, and out of the proceeds of such sale pay to such
17judgment debtor the sum of $30,000 $15,000, and apply the
18balance on the judgment.
19(Source: P.A. 94-293, eff. 1-1-06.)