093_SB1751eng

 
SB1751 Engrossed                     LRB093 10345 DRJ 10599 b

 1        AN ACT in relation to civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Code of Civil  Procedure  is  amended  by
 5    changing Section 4-101 as follows:

 6        (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
 7        Sec.   4-101.  Cause.   In  any  court  having  competent
 8    jurisdiction,  a  creditor  having  a  money  claim,  whether
 9    liquidated or unliquidated, and whether sounding in  contract
10    or tort, or based upon a statutory cause of action created by
11    law  in  favor of the People of the State of Illinois, or any
12    agency of the State,  may  have  an  attachment  against  the
13    property  of his or her debtor, or that of any one or more of
14    several debtors, either at the time of  commencement  of  the
15    action  or thereafter, when the claim exceeds $20, in any one
16    of the following cases:
17             1.  Where the debtor  is  not  a  resident  of  this
18        State.
19             2.  When  the  debtor conceals himself or herself or
20        stands in defiance of an officer, so that process  cannot
21        be served upon him or her.
22             3.  Where  the  debtor  has departed from this State
23        with the intention of having his or her  effects  removed
24        from this State.
25             4.  Where  the  debtor  is about to depart from this
26        State with the intention of having  his  or  her  effects
27        removed from this State.
28             5.  Where  the  debtor is about to remove his or her
29        property from this State to the injury of such creditor.
30             6.  Where the debtor has within  2  years  preceding
31        the   filing  of  the  affidavit  required,  fraudulently
 
SB1751 Engrossed            -2-      LRB093 10345 DRJ 10599 b
 1        conveyed or assigned  his  or  her  effects,  or  a  part
 2        thereof, so as to hinder or delay his or her creditors.
 3             7.  Where  the  debtor  has, within 2 years prior to
 4        the filing of such affidavit, fraudulently  concealed  or
 5        disposed  of his or her property so as to hinder or delay
 6        his or her creditors.
 7             8.  Where  the  debtor  is  about  fraudulently   to
 8        conceal,  assign,  or  otherwise  dispose  of  his or her
 9        property or effects, so as to hinder or delay his or  her
10        creditors.
11             9.  Where   the   debt  sued  for  was  fraudulently
12        contracted on the part of the debtor. The  statements  of
13        the   debtor,   his  or  her  agent  or  attorney,  which
14        constitute the fraud, shall have been reduced to writing,
15        and his or her signature attached thereto, by himself  or
16        herself, agent or attorney.
17             10.  When  the debtor is a person convicted of first
18        degree  murder,  a  Class   X   felony,   or   aggravated
19        kidnapping,  or found not guilty by reason of insanity or
20        guilty but mentally ill of first degree murder, a Class X
21        felony, or aggravated kidnapping,  against  the  creditor
22        and  that  crime  makes the creditor a "victim" under the
23        Criminal Victims' Asset Discovery Act.
24             11.  When the debtor is referred by  the  Department
25        of  Corrections  to  a defendant in a suit brought by the
26        Attorney General under Section 3-7-6 of the Unified  Code
27        of  Corrections  to  recover  the  expenses incurred as a
28        result of that debtor's cost of incarceration.
29    (Source: P.A. 89-428, eff. 12-13-95; 90-85, eff. 7-10-97.)