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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||
5 | changing Section 2-1402 as follows:
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6 | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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7 | Sec. 2-1402. Supplementary proceedings.
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8 | (a) A judgment creditor, or his or her successor in | |||||||||||||||||||
9 | interest when that
interest is made to appear of record, is | |||||||||||||||||||
10 | entitled to prosecute supplementary
proceedings for the | |||||||||||||||||||
11 | purposes of examining the judgment debtor or any other
person | |||||||||||||||||||
12 | to discover assets or income of the debtor not exempt from the
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13 | enforcement of the judgment, a deduction order or garnishment, | |||||||||||||||||||
14 | and of
compelling the application of non-exempt assets or | |||||||||||||||||||
15 | income discovered toward the
payment of the amount due under | |||||||||||||||||||
16 | the judgment. A supplementary proceeding shall
be commenced by | |||||||||||||||||||
17 | the service of a citation issued by the clerk. The procedure
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18 | for conducting supplementary proceedings shall be prescribed | |||||||||||||||||||
19 | by rules. It is
not a prerequisite to the commencement of a | |||||||||||||||||||
20 | supplementary proceeding that a
certified copy of the judgment | |||||||||||||||||||
21 | has been returned wholly or partly unsatisfied.
All citations | |||||||||||||||||||
22 | issued by the clerk shall have the following language, or
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23 | language substantially similar thereto, stated prominently on |
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1 | the front, in
capital letters: "IF YOU FAIL TO APPEAR IN COURT | ||||||
2 | AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT | ||||||
3 | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | ||||||
4 | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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5 | The court shall not grant a continuance of the supplementary | ||||||
6 | proceeding except
upon good cause shown.
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7 | (b) Any citation served upon a judgment debtor or any other | ||||||
8 | person shall
include a certification by the attorney for the | ||||||
9 | judgment creditor or the
judgment creditor setting forth the | ||||||
10 | amount of the judgment, the date of the
judgment, or its | ||||||
11 | revival date, the balance due thereon, the name of the court,
| ||||||
12 | and the number of the case, and a copy of the citation notice | ||||||
13 | required by this
subsection. Whenever a citation is served upon | ||||||
14 | a person or party other than
the judgment debtor, the officer | ||||||
15 | or person serving the citation shall send to
the judgment | ||||||
16 | debtor, within three business days of the service upon the | ||||||
17 | cited
party, a copy of the citation and the citation notice, | ||||||
18 | which may be sent
by regular first-class mail to the judgment | ||||||
19 | debtor's last known address. In no
event shall a citation | ||||||
20 | hearing be held sooner than five business days after the
| ||||||
21 | mailing of the citation and citation notice to the judgment | ||||||
22 | debtor, except by
agreement of the parties. The citation notice | ||||||
23 | need not be mailed to a
corporation, partnership, or | ||||||
24 | association. The citation notice shall be in
substantially the | ||||||
25 | following form:
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26 | "CITATION NOTICE
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1 | (Name and address of Court)
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2 | Name of Case: (Name of Judgment Creditor),
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3 | Judgment Creditor v.
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4 | (Name of Judgment Debtor),
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5 | Judgment Debtor.
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6 | Address of Judgment Debtor: (Insert last known
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7 | address)
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8 | Name and address of Attorney for Judgment
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9 | Creditor or of Judgment Creditor (If no
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10 | attorney is listed): (Insert name and address)
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11 | Amount of Judgment: $ (Insert amount)
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12 | Name of Person Receiving Citation: (Insert name)
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13 | Court Date and Time: (Insert return date and time
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14 | specified in citation)
| ||||||
15 | NOTICE: The court has issued a citation against the person | ||||||
16 | named above. The
citation directs that person to appear in | ||||||
17 | court to be examined for the purpose
of allowing the judgment | ||||||
18 | creditor to discover income and assets belonging to
the | ||||||
19 | judgment debtor or in which the judgment debtor has an | ||||||
20 | interest. The
citation was issued on the basis of a judgment | ||||||
21 | against the judgment debtor in
favor of the judgment creditor | ||||||
22 | in the amount stated above. On or after the
court date stated | ||||||
23 | above, the court may compel the application of any
discovered | ||||||
24 | income or assets toward payment on the judgment.
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25 | The amount of income or assets that may be applied toward | ||||||
26 | the judgment is
limited by federal and Illinois law. The |
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1 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
2 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | ||||||
3 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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4 | ABOVE:
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5 | (1) Under Illinois or federal law, the exemptions of | ||||||
6 | personal property
owned by the debtor include the debtor's | ||||||
7 | equity interest, not to exceed $4,000
in value, in any | ||||||
8 | personal property as chosen by the debtor; Social Security | ||||||
9 | and
SSI benefits; public assistance benefits; unemployment | ||||||
10 | compensation benefits;
worker's compensation benefits; | ||||||
11 | veteran's benefits; circuit breaker property
tax relief | ||||||
12 | benefits; the debtor's equity interest, not to exceed | ||||||
13 | $2,400 in
value, in any one motor vehicle, and the debtor's | ||||||
14 | equity interest, not to
exceed $1,500 in value, in any | ||||||
15 | implements, professional books, or tools of the
trade of | ||||||
16 | the debtor.
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17 | (2) Under Illinois law, every person is entitled to an | ||||||
18 | estate in
homestead, when it is owned and occupied as a | ||||||
19 | residence, to the extent in value
of $15,000, which | ||||||
20 | homestead is exempt from judgment.
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21 | (3) Under Illinois law, the amount of wages that may be | ||||||
22 | applied toward a
judgment is limited to the lesser of (i) | ||||||
23 | 15% of gross weekly wages or (ii) the
amount by which | ||||||
24 | disposable earnings for a week exceed the total of 45 times | ||||||
25 | the
federal minimum hourly wage or, under a wage deduction | ||||||
26 | summons served on or after January 1, 2006, the Illinois |
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1 | minimum hourly wage, whichever is greater.
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2 | (4) Under federal law, the amount of wages that may be | ||||||
3 | applied toward a
judgment is limited to the lesser of (i) | ||||||
4 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
5 | which disposable earnings for a week exceed 30 times the
| ||||||
6 | federal minimum hourly wage.
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7 | (5) Pension and retirement benefits and refunds may be | ||||||
8 | claimed as exempt
under Illinois law.
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9 | The judgment debtor may have other possible exemptions | ||||||
10 | under the law.
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11 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | ||||||
12 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | ||||||
13 | judgment debtor also has the right to
seek a declaration at an | ||||||
14 | earlier date, by notifying the clerk in writing at
(insert | ||||||
15 | address of clerk). When so notified, the Clerk of the Court | ||||||
16 | will
obtain a prompt hearing date from the court and will
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17 | provide the necessary forms that must be prepared by the | ||||||
18 | judgment debtor or the
attorney for the judgment debtor and | ||||||
19 | sent to the judgment creditor and the
judgment creditor's | ||||||
20 | attorney regarding the time and location of the hearing.
This | ||||||
21 | notice may be sent by regular first class mail."
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22 | (b-1) Any citation served upon a judgment debtor who is a | ||||||
23 | natural person shall be served by personal service or abode | ||||||
24 | service as provided in Supreme Court Rule 105 and shall include | ||||||
25 | a copy of the Income and Asset Form set forth in subsection | ||||||
26 | (b-5). |
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1 | (b-5) The Income and Asset Form required to be served by | ||||||
2 | the judgment creditor in subsection (b-1) shall be in | ||||||
3 | substantially the following form: | ||||||
4 | INCOME AND ASSET FORM | ||||||
5 | To Judgment Debtor: Please complete this form and bring | ||||||
6 | it with you to the hearing referenced in the enclosed | ||||||
7 | citation notice. You should also bring to the hearing any | ||||||
8 | documents you have to support the information you provide | ||||||
9 | in this form, such as pay stubs and account statements. The | ||||||
10 | information you provide will help the court determine | ||||||
11 | whether you have any property or income that can be used to | ||||||
12 | satisfy the judgment entered against you in this matter. | ||||||
13 | The information you provide must be accurate to the best of | ||||||
14 | your knowledge. | ||||||
15 | If you fail to appear at this hearing, you could be | ||||||
16 | held in contempt of court and possibly arrested. | ||||||
17 | In answer to the citation and supplemental proceedings | ||||||
18 | served upon the judgment debtor, he or she answers as | ||||||
19 | follows: | ||||||
20 | Name:..................... | ||||||
21 | Home Phone Number:................. | ||||||
22 | Home Address:.................... | ||||||
23 | Date of Birth:...................... | ||||||
24 | Marital Status:..................... |
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1 | I have.........dependents. | ||||||
2 | Do you have a job? YES NO | ||||||
3 | Company's name I work for:...................... | ||||||
4 | Company's address:.............................. | ||||||
5 | Job: | ||||||
6 | I earn $....... per....... | ||||||
7 | If self employed, list here your business name and | ||||||
8 | address: | ||||||
9 | ............................................. | ||||||
10 | Income from self employment is $......... per | ||||||
11 | year. | ||||||
12 | I have the following benefits with my employer: | ||||||
13 | ............................................. | ||||||
14 | I do not have a job, but I support myself through: | ||||||
15 | Government Assistance $........ per month | ||||||
16 | Unemployment $........ per month | ||||||
17 | Social Security $........ per month | ||||||
18 | SSI $........ per month | ||||||
19 | Pension $........ per month | ||||||
20 | Other $........ per month | ||||||
21 | Real Estate: | ||||||
22 | Do you own any real estate? YES NO | ||||||
23 | I own real estate at.........., with names of other | ||||||
24 | owners | ||||||
25 | ................................................. |
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1 | Additional real estate I own: .................... | ||||||
2 | I have a beneficial interest in a land trust. The name | ||||||
3 | and address of the trustee is:............. The beneficial | ||||||
4 | interest is listed in my name and ........................ | ||||||
5 | There is a mortgage on my real estate. State the | ||||||
6 | mortgage company's name and address for each parcel of real | ||||||
7 | estate owned: | ||||||
8 | ................................................. | ||||||
9 | An assignment of beneficial interest in the land trust | ||||||
10 | was signed to secure a loan from ......................... | ||||||
11 | I have the following accounts: | ||||||
12 | Checking account at ..........; | ||||||
13 | account balance $...... | ||||||
14 | Savings account at ..........; | ||||||
15 | account balance $...... | ||||||
16 | Money market or certificate of deposit at .... | ||||||
17 | Safe deposit box at .......................... | ||||||
18 | Other accounts (please identify): ............ | ||||||
19 | I own: | ||||||
20 | A vehicle (state year, make, model, and VIN): . | ||||||
21 | Jewelry (please specify): .................... | ||||||
22 | Other property described as:...................... | ||||||
23 | Stocks/Bonds..................... | ||||||
24 | Personal computer................ | ||||||
25 | DVD player....................... | ||||||
26 | Television....................... |
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1 | Stove....................... | ||||||
2 | Microwave....................... | ||||||
3 | Work tools....................... | ||||||
4 | Business equipment....................... | ||||||
5 | Farm equipment....................... | ||||||
6 | Other property (please specify): | ||||||
7 | ............................................. | ||||||
8 | Signature:.................... | ||||||
9 | (b-10) Any action properly initiated under this Section may | ||||||
10 | proceed notwithstanding an
absent or incomplete Income and | ||||||
11 | Asset Form, and a judgment debtor may be examined for the | ||||||
12 | purpose of allowing the judgment creditor to discover income | ||||||
13 | and assets belonging to the judgment debtor or in which the | ||||||
14 | judgment debtor has an interest. | ||||||
15 | (b-15) In a supplementary proceeding commenced by a unit of | ||||||
16 | local government under this Section that may result in the | ||||||
17 | immobilization of a vehicle under subsection (k-15) of this | ||||||
18 | Section, in addition to any other language required by this | ||||||
19 | Section, the citation issued to the judgment debtor shall | ||||||
20 | include the following language, or substantially similar | ||||||
21 | language, stated prominently in capital letters: "A JUDGMENT | ||||||
22 | HAS BEEN ENTERED AGAINST YOU IN [INSERT NAME OF CASE]. AS A | ||||||
23 | RESULT, [INSERT NAME OF JUDGMENT CREDITOR], A UNIT OF LOCAL | ||||||
24 | GOVERNMENT, MAY IMMOBILIZE YOUR VEHICLE UNTIL THE JUDGMENT HAS | ||||||
25 | BEEN SATISFIED. IF YOU WISH TO CONTEST THIS DETERMINATION OR | ||||||
26 | THE IMMOBILIZATION OF YOUR VEHICLE, YOU MUST APPEAR AT THE |
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1 | HEARING REFERENCED IN THE ENCLOSED CITATION NOTICE." | ||||||
2 | A unit of local government may serve a citation to discover | ||||||
3 | assets by registered or certified mail, return receipt | ||||||
4 | requested, to the judgment debtor's address on record with the | ||||||
5 | Secretary of State, unless the unit of local government has | ||||||
6 | actual knowledge that the judgment debtor resides at a | ||||||
7 | different address. Service of a citation to discover assets in | ||||||
8 | this manner is effective upon mailing of the citation to | ||||||
9 | discover assets. | ||||||
10 | (c) When assets or income of the judgment debtor not exempt | ||||||
11 | from
the satisfaction of a judgment, a deduction order or | ||||||
12 | garnishment are
discovered, the court may, by appropriate order | ||||||
13 | or judgment:
| ||||||
14 | (1) Compel the judgment debtor to deliver up, to be | ||||||
15 | applied in
satisfaction of the judgment, in whole or in | ||||||
16 | part, money, choses in
action, property or effects in his | ||||||
17 | or her possession or control, so discovered,
capable of | ||||||
18 | delivery and to which his or her title or right of | ||||||
19 | possession is not
substantially disputed.
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20 | (2) Compel the judgment debtor to pay to the judgment | ||||||
21 | creditor or
apply on the judgment, in installments, a | ||||||
22 | portion of his or her income, however
or whenever earned or | ||||||
23 | acquired, as the court may deem proper, having due
regard | ||||||
24 | for the reasonable requirements of the judgment debtor and | ||||||
25 | his or her
family, if dependent upon him or her, as well as | ||||||
26 | any payments required to be
made by prior order of court or |
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1 | under wage assignments outstanding; provided
that the | ||||||
2 | judgment debtor shall not be compelled to pay income which | ||||||
3 | would be
considered exempt as wages under the Wage | ||||||
4 | Deduction Statute. The court may
modify an order for | ||||||
5 | installment payments, from time to time, upon application
| ||||||
6 | of either party upon notice to the other.
| ||||||
7 | (3) Compel any person cited, other than the judgment | ||||||
8 | debtor, to
deliver up any assets so discovered, to be | ||||||
9 | applied in satisfaction of
the judgment, in whole or in | ||||||
10 | part, when those assets are held under such
circumstances | ||||||
11 | that in an action by the judgment debtor he or she could | ||||||
12 | recover
them in specie or obtain a judgment for the | ||||||
13 | proceeds or value thereof as
for conversion or | ||||||
14 | embezzlement. A judgment creditor may recover a corporate | ||||||
15 | judgment debtor's property on behalf of the judgment debtor | ||||||
16 | for use of the judgment creditor by filing an appropriate | ||||||
17 | petition within the citation proceedings.
| ||||||
18 | (4) Enter any order upon or judgment against the person | ||||||
19 | cited that
could be entered in any garnishment proceeding.
| ||||||
20 | (5) Compel any person cited to execute an assignment of | ||||||
21 | any chose in
action or a conveyance of title to real or | ||||||
22 | personal property or resign memberships in exchanges, | ||||||
23 | clubs, or other entities in the
same manner and to the same | ||||||
24 | extent as a court could do in any proceeding
by a judgment | ||||||
25 | creditor to enforce payment of a judgment or in aid of
the | ||||||
26 | enforcement of a judgment.
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1 | (6) Authorize the judgment creditor to maintain an | ||||||
2 | action against
any person or corporation that, it appears | ||||||
3 | upon proof satisfactory to
the court, is indebted to the | ||||||
4 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
5 | transfer or other disposition of the debt until an
action | ||||||
6 | can be commenced and prosecuted to judgment, direct that | ||||||
7 | the
papers or proof in the possession or control of the | ||||||
8 | debtor and necessary
in the prosecution of the action be | ||||||
9 | delivered to the creditor or
impounded in court, and | ||||||
10 | provide for the disposition of any moneys in
excess of the | ||||||
11 | sum required to pay the judgment creditor's judgment and
| ||||||
12 | costs allowed by the court.
| ||||||
13 | (c-5) If a citation is directed to a judgment debtor who is | ||||||
14 | a natural person, no payment
order shall be entered under | ||||||
15 | subsection (c) unless the Income and Asset Form was served upon | ||||||
16 | the judgment debtor as required by subsection (b-1), the | ||||||
17 | judgment debtor has had an opportunity to assert exemptions, | ||||||
18 | and the payments are from non-exempt sources. | ||||||
19 | (d) No order or judgment shall be entered under subsection | ||||||
20 | (c) in favor of
the judgment creditor unless there appears of | ||||||
21 | record a certification of
mailing showing that a copy of the | ||||||
22 | citation and a copy of the citation notice was mailed to the | ||||||
23 | judgment debtor as required by subsection (b).
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24 | (d-5) If upon examination the court determines that the | ||||||
25 | judgment debtor does not possess any non-exempt income or | ||||||
26 | assets, then the citation shall be dismissed. |
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1 | (e) All property ordered to be delivered up shall, except | ||||||
2 | as
otherwise provided in this Section, be delivered to the | ||||||
3 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
4 | and the proceeds thereof
applied towards the payment of costs | ||||||
5 | and the satisfaction of the judgment. If the judgment debtor's | ||||||
6 | property is of such a nature that it is not readily delivered | ||||||
7 | up to the sheriff for public sale or if another method of sale | ||||||
8 | is more appropriate to liquidate the property or enhance its | ||||||
9 | value at sale, the court may order the sale of such property by | ||||||
10 | the debtor, third party respondent, or by a selling agent other | ||||||
11 | than the sheriff upon such terms as are just and equitable. The | ||||||
12 | proceeds of sale, after deducting reasonable and necessary | ||||||
13 | expenses, are to be turned over to the creditor and applied to | ||||||
14 | the balance due on the judgment.
| ||||||
15 | (f) (1) The citation may prohibit the party to whom it is | ||||||
16 | directed from
making or allowing any transfer or other | ||||||
17 | disposition of, or interfering with,
any property not | ||||||
18 | exempt from the enforcement of a judgment therefrom, a
| ||||||
19 | deduction order or garnishment, belonging to the judgment | ||||||
20 | debtor or to which he
or she may be entitled or which may | ||||||
21 | thereafter be acquired by or become due to
him or her, and | ||||||
22 | from paying over or otherwise disposing of any moneys not | ||||||
23 | so
exempt which are due or to become due to the judgment | ||||||
24 | debtor, until the further
order of the court or the | ||||||
25 | termination of the proceeding, whichever occurs
first. The | ||||||
26 | third party may not be obliged to withhold the payment of |
| |||||||
| |||||||
1 | any
moneys beyond double the amount of the balance due | ||||||
2 | sought to be enforced by the
judgment creditor. The court | ||||||
3 | may punish any party who violates the restraining
provision | ||||||
4 | of a citation as and for a contempt, or if the party is a | ||||||
5 | third party
may enter judgment against him or her in the | ||||||
6 | amount of the unpaid portion of
the judgment and costs | ||||||
7 | allowable under this Section, or in the amount of the
value | ||||||
8 | of the property transferred, whichever is lesser.
| ||||||
9 | (2) The court may enjoin any person, whether or not a | ||||||
10 | party to the
supplementary proceeding, from making or | ||||||
11 | allowing any transfer or other
disposition of, or | ||||||
12 | interference with, the property of the judgment
debtor not | ||||||
13 | exempt from the enforcement of a judgment, a deduction | ||||||
14 | order or
garnishment, or the property or debt not so exempt | ||||||
15 | concerning which any
person is required to attend and be | ||||||
16 | examined until further direction in the
premises. The | ||||||
17 | injunction order shall remain in effect until vacated by | ||||||
18 | the
court or until the proceeding is terminated, whichever | ||||||
19 | first occurs.
| ||||||
20 | (g) If it appears that any property, chose in action, | ||||||
21 | credit or
effect discovered, or any interest therein, is | ||||||
22 | claimed by any person, the court
shall, as in garnishment | ||||||
23 | proceedings, permit or require the claimant to appear
and | ||||||
24 | maintain his or her right. The rights of the person cited
and | ||||||
25 | the rights of any adverse claimant shall be asserted and | ||||||
26 | determined
pursuant to the law relating to garnishment |
| |||||||
| |||||||
1 | proceedings.
| ||||||
2 | (h) Costs in proceedings authorized by this Section shall | ||||||
3 | be
allowed, assessed and paid in accordance with rules, | ||||||
4 | provided that if the
court determines, in its discretion, that | ||||||
5 | costs incurred by the judgment
creditor were improperly | ||||||
6 | incurred, those costs shall be paid by the judgment
creditor.
| ||||||
7 | (i) This Section is in addition to and does not affect
| ||||||
8 | enforcement of judgments or proceedings supplementary thereto, | ||||||
9 | by any other
methods now or hereafter provided by law.
| ||||||
10 | (j) This Section does not grant the power to any court to | ||||||
11 | order
installment or other payments from, or compel the sale, | ||||||
12 | delivery,
surrender, assignment or conveyance of any property | ||||||
13 | exempt by statute
from the enforcement of a judgment thereon, a | ||||||
14 | deduction order, garnishment,
attachment, sequestration, | ||||||
15 | process or other levy or seizure.
| ||||||
16 | (k) (Blank).
| ||||||
17 | (k-5) If the court determines that any property held by a | ||||||
18 | third party respondent is wages pursuant to Section 12-801, the | ||||||
19 | court shall proceed as if a wage deduction proceeding had been | ||||||
20 | filed and proceed to enter such necessary and proper orders as | ||||||
21 | would have been entered in a wage deduction proceeding | ||||||
22 | including but not limited to the granting of the statutory | ||||||
23 | exemptions allowed by Section 12-803 and all other remedies | ||||||
24 | allowed plaintiff and defendant pursuant to Part 8 of Article | ||||||
25 | 12 of this Act.
| ||||||
26 | (k-10) If a creditor discovers personal property of the |
| |||||||
| |||||||
1 | judgment debtor that is subject to the lien of a citation to | ||||||
2 | discover assets, the creditor may have the court impress a lien | ||||||
3 | against a specific item of personal property, including a | ||||||
4 | beneficial interest in a land trust. The lien survives the | ||||||
5 | termination of the citation proceedings and remains as a lien | ||||||
6 | against the personal property in the same manner that a | ||||||
7 | judgment lien recorded against real property pursuant to | ||||||
8 | Section 12-101 remains a lien on real property. If the judgment | ||||||
9 | is revived before dormancy, the lien shall remain. A lien | ||||||
10 | against personal property may, but need not, be recorded in the | ||||||
11 | office of the recorder or filed as an informational filing | ||||||
12 | pursuant to the Uniform Commercial Code. | ||||||
13 | (k-15) If a judgment creditor is a unit of local government | ||||||
14 | as defined in Article 7, Section 1 of the Illinois | ||||||
15 | Constitution, the unit of local government may immobilize a | ||||||
16 | vehicle of the judgment debtor for the purpose of facilitating | ||||||
17 | enforcement of and satisfying, in whole or in part, the | ||||||
18 | judgment. Immobilization may not occur until the judgment | ||||||
19 | debtor has had the opportunity to appear and contest the | ||||||
20 | immobilization at the citation hearing, or the judgment debtor | ||||||
21 | has failed to appear at the citation hearing as required by | ||||||
22 | this Section. If a unit of local government immobilizes a | ||||||
23 | vehicle under this subsection, it shall affix a notice of | ||||||
24 | immobilization to the vehicle at the time the restraint device | ||||||
25 | is attached to the vehicle. This notice shall provide | ||||||
26 | information regarding the procedure to have the device removed. |
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1 | The judgment debtor shall, within 24 hours of the | ||||||
2 | immobilization, follow the procedures listed on the notice of | ||||||
3 | immobilization to: | ||||||
4 | (1) pay any reasonable immobilization fee imposed by | ||||||
5 | the unit of local government; and | ||||||
6 | (2) pay the entire outstanding amount of the judgment, | ||||||
7 | subject to any applicable exemptions, make other | ||||||
8 | arrangements such as a qualified payment plan with the unit | ||||||
9 | of local government, or both. | ||||||
10 | If the judgment debtor fails to respond within 24 hours of | ||||||
11 | the immobilization, the unit of local government may tow and | ||||||
12 | impound the vehicle. The vehicle shall be eligible for auction | ||||||
13 | or public sale if, within 21 days after the vehicle is towed | ||||||
14 | and impounded, the judgment debtor fails: | ||||||
15 | (1) to pay any reasonable immobilization fee and all | ||||||
16 | towing and storage charges imposed by the unit of local | ||||||
17 | government; and | ||||||
18 | (2) to pay the entire outstanding amount of the | ||||||
19 | judgment, subject to any applicable exemptions, make other | ||||||
20 | arrangements, such as a qualified payment plan with the | ||||||
21 | unit of local government, or both. | ||||||
22 | (l) At any citation hearing at which the judgment debtor | ||||||
23 | appears and seeks
a declaration that certain of his or her | ||||||
24 | income or assets are exempt, the court
shall proceed to | ||||||
25 | determine whether the property which the judgment debtor
| ||||||
26 | declares to be exempt is exempt from judgment. At any time |
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1 | before the return
date specified on the citation, the judgment | ||||||
2 | debtor may request, in writing, a
hearing to declare exempt | ||||||
3 | certain income and assets by notifying the clerk of
the court | ||||||
4 | before that time, using forms as may be provided by the clerk | ||||||
5 | of the
court. The clerk of the court will obtain a prompt | ||||||
6 | hearing date from the
court and will provide the necessary | ||||||
7 | forms that must be prepared by the
judgment debtor or the | ||||||
8 | attorney for the judgment debtor and sent to the
judgment | ||||||
9 | creditor, or the judgment creditor's attorney, regarding the | ||||||
10 | time and
location of the hearing. This notice may be sent by | ||||||
11 | regular first class mail.
At the hearing, the court shall | ||||||
12 | immediately, unless for good cause shown that
the hearing is to | ||||||
13 | be continued, shall proceed to determine whether the property
| ||||||
14 | which the judgment debtor declares to be exempt is exempt from | ||||||
15 | judgment. The
restraining provisions of subsection (f) shall | ||||||
16 | not apply to any property
determined by the court to be exempt.
| ||||||
17 | (m) The judgment or balance due on the judgment becomes a | ||||||
18 | lien when a
citation is served in accordance with subsection | ||||||
19 | (a) of this Section. The lien
binds nonexempt personal | ||||||
20 | property, including money, choses in action, and
effects of the | ||||||
21 | judgment debtor as follows:
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22 | (1) When the citation is directed against the judgment | ||||||
23 | debtor, upon all
personal property belonging to the | ||||||
24 | judgment debtor in the possession or control
of the | ||||||
25 | judgment debtor or which may thereafter be acquired or come | ||||||
26 | due to the
judgment debtor to the time of the disposition |
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| |||||||
1 | of the citation.
| ||||||
2 | (2) When the citation is directed against a third | ||||||
3 | party, upon all personal
property belonging to the judgment | ||||||
4 | debtor in the possession or control of the
third party or | ||||||
5 | which thereafter may be acquired or come due the judgment | ||||||
6 | debtor
and comes into the possession or control of the | ||||||
7 | third party to the time of the
disposition of the citation.
| ||||||
8 | The lien established under this Section does not affect the | ||||||
9 | rights of
citation respondents in property prior to the service | ||||||
10 | of the citation upon them
and does not affect the rights of | ||||||
11 | bona fide purchasers or lenders without
notice of the citation. | ||||||
12 | The lien is effective for the period specified by
Supreme Court | ||||||
13 | Rule.
| ||||||
14 | This subsection (m), as added by Public Act 88-48, is a | ||||||
15 | declaration of
existing law.
| ||||||
16 | (n) If any provision of this Act or its application to any | ||||||
17 | person or
circumstance is held invalid, the invalidity of that | ||||||
18 | provision or application
does not affect the provisions or | ||||||
19 | applications of the Act that can be given
effect without the | ||||||
20 | invalid provision or application.
| ||||||
21 | (o) The changes to this Section made by this amendatory Act | ||||||
22 | of the 97th General Assembly apply only to supplementary | ||||||
23 | proceedings commenced under this Section on or after the | ||||||
24 | effective date of this amendatory Act of the 97th General | ||||||
25 | Assembly. The requirements or limitations set forth in | ||||||
26 | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply |
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1 | to the enforcement of any order or judgment resulting from an | ||||||
2 | adjudication of a municipal ordinance violation that is subject | ||||||
3 | to Supreme Court Rules 570 through 579, or from an | ||||||
4 | administrative adjudication of such an ordinance violation. | ||||||
5 | (Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12.)
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