Sen. Ira I. Silverstein

Filed: 4/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1044

2    AMENDMENT NO. ______. Amend Senate Bill 1044 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1402, 2-1602, 12-101, and 12-705 as
6follows:
 
7    (735 ILCS 5/2-1402)  (from Ch. 110, par. 2-1402)
8    Sec. 2-1402. Supplementary proceedings.
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 supplementary proceedings 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

 

 

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1the judgment. A supplementary proceeding shall be commenced by
2the service of a citation issued by the clerk. The procedure
3for conducting supplementary proceedings shall be prescribed
4by rules. It is not a prerequisite to the commencement of a
5supplementary proceeding that a certified copy of the judgment
6has been returned wholly or partly unsatisfied. All citations
7issued by the clerk shall have the following language, or
8language substantially similar thereto, stated prominently on
9the front, in capital letters: "IF YOU FAIL TO APPEAR IN COURT
10AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT
11BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT,
12WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
13The court shall not grant a continuance of the supplementary
14proceeding except upon good cause shown.
15    (b) Any citation served upon a judgment debtor or any other
16person shall include a certification by the attorney for the
17judgment creditor or the judgment creditor setting forth the
18amount of the judgment, the date of the judgment, or its
19revival date, the balance due thereon, the name of the court,
20and the number of the case, and a copy of the citation notice
21required by this subsection. Whenever a citation is served upon
22a person or party other than the judgment debtor, the officer
23or person serving the citation shall send to the judgment
24debtor, within three business days of the service upon the
25cited party, a copy of the citation and the citation notice,
26which may be sent by regular first-class mail to the judgment

 

 

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1debtor's last known address. In no event shall a citation
2hearing be held sooner than five business days after the
3mailing of the citation and citation notice to the judgment
4debtor, except by agreement of the parties. The citation notice
5need not be mailed to a corporation, partnership, or
6association. The citation notice shall be in substantially the
7following form:
8
"CITATION NOTICE
9        (Name and address of Court)
10        Name of Case: (Name of Judgment Creditor),
11            Judgment Creditor v.
12            (Name of Judgment Debtor),
13            Judgment Debtor.
14        Address of Judgment Debtor: (Insert last known
15            address)
16        Name and address of Attorney for Judgment
17            Creditor or of Judgment Creditor (If no
18            attorney is listed): (Insert name and address)
19        Amount of Judgment: $ (Insert amount)
20        Name of Person Receiving Citation: (Insert name)
21        Court Date and Time: (Insert return date and time
22            specified in citation)
23    NOTICE: The court has issued a citation against the person
24named above. The citation directs that person to appear in
25court to be examined for the purpose of allowing the judgment
26creditor to discover income and assets belonging to the

 

 

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1judgment debtor or in which the judgment debtor has an
2interest. The citation was issued on the basis of a judgment
3against the judgment debtor in favor of the judgment creditor
4in the amount stated above. On or after the court date stated
5above, the court may compel the application of any discovered
6income or assets toward payment on the judgment.
7    The amount of income or assets that may be applied toward
8the judgment is limited by federal and Illinois law. The
9JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
10AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
11MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
12ABOVE:
13        (1) Under Illinois or federal law, the exemptions of
14    personal property owned by the debtor include the debtor's
15    equity interest, not to exceed $4,000 in value, in any
16    personal property as chosen by the debtor; Social Security
17    and SSI benefits; public assistance benefits; unemployment
18    compensation benefits; worker's compensation benefits;
19    veteran's benefits; circuit breaker property tax relief
20    benefits; the debtor's equity interest, not to exceed
21    $2,400 in value, in any one motor vehicle, and the debtor's
22    equity interest, not to exceed $1,500 in value, in any
23    implements, professional books, or tools of the trade of
24    the debtor.
25        (2) Under Illinois law, every person is entitled to an
26    estate in homestead, when it is owned and occupied as a

 

 

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1    residence, to the extent in value of $15,000, which
2    homestead is exempt from judgment.
3        (3) Under Illinois law, the amount of wages that may be
4    applied toward a judgment is limited to the lesser of (i)
5    15% of gross weekly wages or (ii) the amount by which
6    disposable earnings for a week exceed the total of 45 times
7    the federal minimum hourly wage or, under a wage deduction
8    summons served on or after January 1, 2006, the Illinois
9    minimum hourly wage, whichever is greater.
10        (4) Under federal law, the amount of wages that may be
11    applied toward a judgment is limited to the lesser of (i)
12    25% of disposable earnings for a week or (ii) the amount by
13    which disposable earnings for a week exceed 30 times the
14    federal minimum hourly wage.
15        (5) Pension and retirement benefits and refunds may be
16    claimed as exempt under Illinois law.
17    The judgment debtor may have other possible exemptions
18under the law.
19    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
20TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
21judgment debtor also has the right to seek a declaration at an
22earlier date, by notifying the clerk in writing at (insert
23address of clerk). When so notified, the Clerk of the Court
24will obtain a prompt hearing date from the court and will
25provide the necessary forms that must be prepared by the
26judgment debtor or the attorney for the judgment debtor and

 

 

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1sent to the judgment creditor and the judgment creditor's
2attorney regarding the time and location of the hearing. This
3notice may be sent by regular first class mail."
4    (b-1) Any citation served upon a judgment debtor who is a
5natural person shall be served by personal service or abode
6service as provided in Supreme Court Rule 105 and shall include
7a copy of the Income and Asset Form set forth in subsection
8(b-5).
9    (b-5) The Income and Asset Form required to be served by
10the judgment creditor in subsection (b-1) shall be in
11substantially the following form:
 
12
INCOME AND ASSET FORM
13        To Judgment Debtor: Please complete this form and bring
14    it with you to the hearing referenced in the enclosed
15    citation notice. You should also bring to the hearing any
16    documents you have to support the information you provide
17    in this form, such as pay stubs and account statements. The
18    information you provide will help the court determine
19    whether you have any property or income that can be used to
20    satisfy the judgment entered against you in this matter.
21    The information you provide must be accurate to the best of
22    your knowledge.
23        If you fail to appear at this hearing, you could be
24    held in contempt of court and possibly arrested.
25        In answer to the citation and supplemental proceedings

 

 

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1    served upon the judgment debtor, he or she answers as
2    follows:
 
3        Name:.....................
4        Home Phone Number:.................
5        Home Address:....................
6        Date of Birth:......................
7        Marital Status:.....................
8        I have.........dependents.
9        Do you have a job? YES NO
10        Company's name I work for:......................
11        Company's address:..............................
 
12        Job:
13            I earn $....... per.......
14            If self employed, list here your business name and
15        address:
16            .............................................
17            Income from self employment is $......... per
18        year.
19            I have the following benefits with my employer:
20            .............................................
21        I do not have a job, but I support myself through:
22            Government Assistance $........ per month
23            Unemployment $........ per month
24            Social Security $........ per month

 

 

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1            SSI $........ per month
2            Pension $........ per month
3            Other $........ per month
4        Real Estate:
5        Do you own any real estate? YES NO
6        I own real estate at.........., with names of other
7    owners
8        .................................................
9        Additional real estate I own:....................
10        I have a beneficial interest in a land trust. The name
11    and address of the trustee is:............. The beneficial
12    interest is listed in my name and........................
13        There is a mortgage on my real estate. State the
14    mortgage company's name and address for each parcel of real
15    estate owned:
16        .................................................
17        An assignment of beneficial interest in the land trust
18    was signed to secure a loan from.........................
19        I have the following accounts:
20            Checking account at ..........;
21              account balance $......
22            Savings account at ..........;
23              account balance $......
24            Money market or certificate of deposit at....
25            Safe deposit box at..........................
26            Other accounts (please identify):............

 

 

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1        I own:
2            A vehicle (state year, make, model, and VIN):.
3            Jewelry (please specify):....................
4        Other property described as:......................
5            Stocks/Bonds.....................
6            Personal computer................
7            DVD player.......................
8            Television.......................
9            Stove.......................
10            Microwave.......................
11            Work tools.......................
12            Business equipment.......................
13            Farm equipment.......................
14            Other property (please specify):
15            .............................................
16        Signature:....................
17    (b-10) Any action properly initiated under this Section may
18proceed notwithstanding an absent or incomplete Income and
19Asset Form, and a judgment debtor may be examined for the
20purpose of allowing the judgment creditor to discover income
21and assets belonging to the judgment debtor or in which the
22judgment debtor has an interest.
23    (c) When assets or income of the judgment debtor not exempt
24from the satisfaction of a judgment, a deduction order or
25garnishment are discovered, the court may, by appropriate order
26or judgment:

 

 

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

 

 

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1    embezzlement. A judgment creditor may recover a corporate
2    judgment debtor's property on behalf of the judgment debtor
3    for use of the judgment creditor by filing an appropriate
4    petition within the citation proceedings.
5        (4) Enter any order upon or judgment against the person
6    cited that could be entered in any garnishment proceeding.
7        (5) Compel any person cited to execute an assignment of
8    any chose in action or a conveyance of title to real or
9    personal property or resign memberships in exchanges,
10    clubs, or other entities in the same manner and to the same
11    extent as a court could do in any proceeding by a judgment
12    creditor to enforce payment of a judgment or in aid of the
13    enforcement of a judgment.
14        (6) Authorize the judgment creditor to maintain an
15    action against any person or corporation that, it appears
16    upon proof satisfactory to the court, is indebted to the
17    judgment debtor, for the recovery of the debt, forbid the
18    transfer or other disposition of the debt until an action
19    can be commenced and prosecuted to judgment, direct that
20    the papers or proof in the possession or control of the
21    debtor and necessary in the prosecution of the action be
22    delivered to the creditor or impounded in court, and
23    provide for the disposition of any moneys in excess of the
24    sum required to pay the judgment creditor's judgment and
25    costs allowed by the court.
26    (c-5) If a citation is directed to a judgment debtor who is

 

 

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1a natural person, no payment order shall be entered under
2subsection (c) unless the Income and Asset Form was served upon
3the judgment debtor as required by subsection (b-1), the
4judgment debtor has had an opportunity to assert exemptions,
5and the payments are from non-exempt sources.
6    (d) No order or judgment shall be entered under subsection
7(c) in favor of the judgment creditor unless there appears of
8record a certification of mailing showing that a copy of the
9citation and a copy of the citation notice was mailed to the
10judgment debtor as required by subsection (b).
11    (d-5) If upon examination the court determines that the
12judgment debtor does not possess any non-exempt income or
13assets, then the citation shall be dismissed.
14    (e) All property ordered to be delivered up shall, except
15as otherwise provided in this Section, be delivered to the
16sheriff to be collected by the sheriff or sold at public sale
17and the proceeds thereof applied towards the payment of costs
18and the satisfaction of the judgment. If the judgment debtor's
19property is of such a nature that it is not readily delivered
20up to the sheriff for public sale or if another method of sale
21is more appropriate to liquidate the property or enhance its
22value at sale, the court may order the sale of such property by
23the debtor, third party respondent, or by a selling agent other
24than the sheriff upon such terms as are just and equitable. The
25proceeds of sale, after deducting reasonable and necessary
26expenses, are to be turned over to the creditor and applied to

 

 

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1the balance due on the judgment.
2    (f) (1) The citation may prohibit the party to whom it is
3    directed from making or allowing any transfer or other
4    disposition of, or interfering with, any property not
5    exempt from the enforcement of a judgment therefrom, a
6    deduction order or garnishment, belonging to the judgment
7    debtor or to which he or she may be entitled or which may
8    thereafter be acquired by or become due to him or her, and
9    from paying over or otherwise disposing of any moneys not
10    so exempt which are due or to become due to the judgment
11    debtor, until the further order of the court or the
12    termination of the proceeding, whichever occurs first. The
13    third party may not be obliged to withhold the payment of
14    any moneys beyond double the amount of the balance due
15    sought to be enforced by the judgment creditor. The court
16    may punish any party who violates the restraining provision
17    of a citation as and for a contempt, or if the party is a
18    third party may enter judgment against him or her in the
19    amount of the unpaid portion of the judgment and costs
20    allowable under this Section, or in the amount of the value
21    of the property transferred, whichever is lesser.
22        (2) The court may enjoin any person, whether or not a
23    party to the supplementary proceeding, from making or
24    allowing any transfer or other disposition of, or
25    interference with, the property of the judgment debtor not
26    exempt from the enforcement of a judgment, a deduction

 

 

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1    order or garnishment, or the property or debt not so exempt
2    concerning which any person is required to attend and be
3    examined until further direction in the premises. The
4    injunction order shall remain in effect until vacated by
5    the court or until the proceeding is terminated, whichever
6    first occurs.
7    (g) If it appears that any property, chose in action,
8credit or effect discovered, or any interest therein, is
9claimed by any person, the court shall, as in garnishment
10proceedings, permit or require the claimant to appear and
11maintain his or her right. The rights of the person cited and
12the rights of any adverse claimant shall be asserted and
13determined pursuant to the law relating to garnishment
14proceedings.
15    (h) Costs in proceedings authorized by this Section shall
16be allowed, assessed and paid in accordance with rules,
17provided that if the court determines, in its discretion, that
18costs incurred by the judgment creditor were improperly
19incurred, those costs shall be paid by the judgment creditor.
20    (i) This Section is in addition to and does not affect
21enforcement of judgments or proceedings supplementary thereto,
22by any other methods now or hereafter provided by law.
23    (j) This Section does not grant the power to any court to
24order installment or other payments from, or compel the sale,
25delivery, surrender, assignment or conveyance of any property
26exempt by statute from the enforcement of a judgment thereon, a

 

 

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1deduction order, garnishment, attachment, sequestration,
2process or other levy or seizure.
3    (k) (Blank).
4    (k-3) The court may enter any order upon or judgment
5against the respondent cited that could be entered in any
6garnishment proceeding under Part 7 of Article XII of this
7Code. This subsection (k-3) shall be construed as being
8declarative of existing law and not as a new enactment.
9    (k-5) If the court determines that any property held by a
10third party respondent is wages pursuant to Section 12-801, the
11court shall proceed as if a wage deduction proceeding had been
12filed and proceed to enter such necessary and proper orders as
13would have been entered in a wage deduction proceeding
14including but not limited to the granting of the statutory
15exemptions allowed by Section 12-803 and all other remedies
16allowed plaintiff and defendant pursuant to Part 8 of Article
1712 of this Act.
18    (k-10) If a creditor discovers personal property of the
19judgment debtor that is subject to the lien of a citation to
20discover assets, the creditor may have the court impress a lien
21against a specific item of personal property, including a
22beneficial interest in a land trust. The lien survives the
23termination of the citation proceedings and remains as a lien
24against the personal property in the same manner that a
25judgment lien recorded against real property pursuant to
26Section 12-101 remains a lien on real property. If the judgment

 

 

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1is revived before dormancy, the lien shall remain. A lien
2against personal property may, but need not, be recorded in the
3office of the recorder or filed as an informational filing
4pursuant to the Uniform Commercial Code.
5    (l) At any citation hearing at which the judgment debtor
6appears and seeks a declaration that certain of his or her
7income or assets are exempt, the court shall proceed to
8determine whether the property which the judgment debtor
9declares to be exempt is exempt from judgment. At any time
10before the return date specified on the citation, the judgment
11debtor may request, in writing, a hearing to declare exempt
12certain income and assets by notifying the clerk of the court
13before that time, using forms as may be provided by the clerk
14of the court. The clerk of the court will obtain a prompt
15hearing date from the court and will provide the necessary
16forms that must be prepared by the judgment debtor or the
17attorney for the judgment debtor and sent to the judgment
18creditor, or the judgment creditor's attorney, regarding the
19time and location of the hearing. This notice may be sent by
20regular first class mail. At the hearing, the court shall
21immediately, unless for good cause shown that the hearing is to
22be continued, shall proceed to determine whether the property
23which the judgment debtor declares to be exempt is exempt from
24judgment. The restraining provisions of subsection (f) shall
25not apply to any property determined by the court to be exempt.
26    (m) The judgment or balance due on the judgment becomes a

 

 

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1lien when a citation is served in accordance with subsection
2(a) of this Section. The lien binds nonexempt personal
3property, including money, choses in action, and effects of the
4judgment debtor as follows:
5        (1) When the citation is directed against the judgment
6    debtor, upon all personal property belonging to the
7    judgment debtor in the possession or control of the
8    judgment debtor or which may thereafter be acquired or come
9    due to the judgment debtor to the time of the disposition
10    of the citation.
11        (2) When the citation is directed against a third
12    party, upon all personal property belonging to the judgment
13    debtor in the possession or control of the third party or
14    which thereafter may be acquired or come due the judgment
15    debtor and comes into the possession or control of the
16    third party to the time of the disposition of the citation.
17    The lien established under this Section does not affect the
18rights of citation respondents in property prior to the service
19of the citation upon them and does not affect the rights of
20bona fide purchasers or lenders without notice of the citation.
21The lien is effective for the period specified by Supreme Court
22Rule.
23    This subsection (m), as added by Public Act 88-48, is a
24declaration of existing law.
25    (n) If any provision of this Act or its application to any
26person or circumstance is held invalid, the invalidity of that

 

 

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1provision or application does not affect the provisions or
2applications of the Act that can be given effect without the
3invalid provision or application.
4    (o) The changes to this Section made by this amendatory Act
5of the 97th General Assembly apply only to supplementary
6proceedings commenced under this Section on or after the
7effective date of this amendatory Act of the 97th General
8Assembly. The requirements or limitations set forth in
9subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply
10to the enforcement of any order or judgment resulting from an
11adjudication of a municipal ordinance violation that is subject
12to Supreme Court Rules 570 through 579, or from an
13administrative adjudication of such an ordinance violation.
14(Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12.)
 
15    (735 ILCS 5/2-1602)
16    Sec. 2-1602. Revival of judgment.
17    (a) A judgment may be revived by filing a petition to
18revive the judgment in the seventh year after its entry, or in
19the seventh year after its last revival, or in the twentieth
20year after its entry, or at any other time within 20 years
21after its entry if the judgment becomes dormant. The provisions
22of this amendatory Act of the 96th General Assembly are
23declarative of existing law.
24    (b) A petition to revive a judgment shall be filed in the
25original case in which the judgment was entered. The petition

 

 

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1shall include a statement as to the original date and amount of
2the judgment, court costs expended, accrued interest, and
3credits to the judgment, if any.
4    (c) Service of notice of the petition to revive a judgment
5shall be made in accordance with Supreme Court Rule 106.
6    (d) An order reviving a judgment shall be for the original
7amount of the judgment. The plaintiff may recover interest and
8court costs from the date of the original judgment. Credits to
9the judgment shall be reflected by the plaintiff in
10supplemental proceedings or execution.
11    (e) If a judgment debtor has filed for protection under the
12United States Bankruptcy Code and failed to successfully
13adjudicate and remove a lien filed by a judgment creditor, then
14the judgment may be revived only as to the property to which a
15lien attached before the filing of the bankruptcy action.
16    (f) A judgment may be revived as to fewer than all judgment
17debtors, and such order for revival of judgment shall be final,
18appealable, and enforceable.
19    (g) This Section does not apply to a child support judgment
20or to a judgment recovered in an action for damages for an
21injury described in Section 13-214.1, which need not be revived
22as provided in this Section and which may be enforced at any
23time as provided in Section 12-108.
24    (h) If a judgment becomes dormant during the pendency of an
25enforcement proceeding under Part 14 of this Article or under
26Article XII, the enforcement may continue to conclusion without

 

 

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1revival of the underlying judgment so long as the enforcement
2is done under court supervision and includes a payment,
3withholding, or turn over order.
4(Source: P.A. 96-305, eff. 8-11-09; 97-350, eff. 1-1-12.)
 
5    (735 ILCS 5/12-101)  (from Ch. 110, par. 12-101)
6    Sec. 12-101. Lien of judgment. With respect to the creation
7of liens on real estate by judgments, all real estate in the
8State of Illinois is divided into 2 classes.
9    The first class consists of all real property, the title to
10which is registered under "An Act concerning land titles",
11approved May 1, 1897, as amended.
12    The second class consists of all real property not
13registered under "An Act concerning land titles".
14    As to real estate in class one, a judgment is a lien on the
15real estate of the person against whom it is entered for the
16same period as in class two, when Section 85 of "An Act
17concerning land titles", has been complied with.
18    As to real estate included within class two, a judgment is
19a lien on the real estate of the person against whom it is
20entered in any county in this State, including the county in
21which it is entered, only from the time a transcript, certified
22copy or memorandum of the judgment is filed in the office of
23the recorder in the county in which the real estate is located.
24The lien may be foreclosed by an action brought in the name of
25the judgment creditor or its assignee of record under Article

 

 

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1XV in the same manner as a mortgage of real property, except
2that the redemption period shall be 6 months from the date of
3sale and the real estate homestead exemption under Section
412-901 shall apply. A judgment resulting from the entry of an
5order requiring child support payments shall be a lien upon the
6real estate of the person obligated to make the child support
7payments, but shall not be enforceable in any county of this
8State until a transcript, certified copy, or memorandum of the
9lien is filed in the office of the recorder in the county in
10which the real estate is located. Any lien hereunder arising
11out of an order for support shall be a lien only as to and from
12the time that an installment or payment is due under the terms
13of the order. Further, the order for support shall not be a
14lien on real estate to the extent of payments made as evidenced
15by the records of the Clerk of the Circuit Court or State
16agency receiving payments pursuant to the order. In the event
17payments made pursuant to that order are not paid to the Clerk
18of the Circuit Court or a State agency, then each lien imposed
19by this Section may be released in the following manner:
20        (a) A Notice of Filing and an affidavit stating that
21    all installments of child support required to be paid
22    pursuant to the order under which the lien or liens were
23    imposed have been paid shall be filed with the office of
24    recorder in each county in which each such lien appears of
25    record, together with proof of service of such notice and
26    affidavit upon the recipient of such payments.

 

 

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1        (b) Service of such affidavit shall be by any means
2    authorized under Sections 2-203 and 2-208 of the Code of
3    Civil Procedure or under Supreme Court Rules 11 or 105(b).
4        (c) The Notice of Filing shall set forth the name and
5    address of the judgment debtor and the judgment creditor,
6    the court file number of the order giving rise to the
7    judgment and, in capital letters, the following statement:
8        YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
9    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER
10    OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
11    ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE,
12    YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF
13    THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE,
14    SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO
15    LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL
16    NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
17        (d) If no affidavit objecting to the release of the
18    lien or liens is filed within 28 days of the Notice
19    described in paragraph (c) of this Section such lien or
20    liens shall be deemed to be released and no longer subject
21    to foreclosure.
22    A judgment is not a lien on real estate for longer than 7
23years from the time it is entered or revived, unless the
24judgment is revived within 7 years after its entry or last
25revival and a new memorandum of judgment is recorded prior to
26the judgment and its recorded memorandum of judgment becoming

 

 

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1dormant.
2    When a judgment is revived it is a lien on the real estate
3of the person against whom it was entered in any county in this
4State from the time a transcript, certified copy or memorandum
5of the order of revival is filed in the office of the recorder
6in the county in which the real estate is located.
7    A foreign judgment registered or filed pursuant to Sections
812-630 12-601 through 12-672 12-618 of this Act is a lien upon
9the real estate of the person against whom it was entered only
10from the time (1) a copy of the affidavit required by Section
1112-653 with a copy certified copy of the verified petition for
12registration of the foreign judgment attached showing the
13filing in a court of this State or (2) a transcript, certified
14copy or memorandum of a the final judgment of the court of this
15State entered on an action to enforce a that foreign judgment
16is filed in the office of the recorder in the county in which
17the real estate is located. However, no such judgment shall be
18a lien on any real estate registered under "An Act concerning
19land titles", as amended, until Section 85 of that Act has been
20complied with.
21    The release of any transcript, certified copy or memorandum
22of judgment or order of revival which has been recorded shall
23be filed by the person receiving the release in the office of
24the recorder in which such judgment or order has been recorded.
25    Such release shall contain in legible letters a statement
26as follows:

 

 

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1        FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
2    FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE
3    OFFICE THE LIEN WAS FILED.
4    The term "memorandum" as used in this Section means a
5memorandum or copy of the judgment signed by a judge or a copy
6attested by the clerk of the court entering it and showing the
7court in which entered, date, amount, number of the case in
8which it was entered, name of the party in whose favor and name
9and last known address of the party against whom entered. If
10the address of the party against whom the judgment was entered
11is not known, the memorandum or copy of judgment shall so
12state.
13    The term "memorandum" as used in this Section also means a
14memorandum or copy of a child support order signed by a judge
15or a copy attested by the clerk of the court entering it or a
16copy attested by the administrative body entering it.
17    This Section shall not be construed as showing an intention
18of the legislature to create a new classification of real
19estate, but shall be construed as showing an intention of the
20legislature to continue a classification already existing.
21(Source: P.A. 97-350, eff. 1-1-12.)
 
22    (735 ILCS 5/12-705)  (from Ch. 110, par. 12-705)
23    Sec. 12-705. Summons.
24    (a) Summons shall be returnable not less than 21 nor more
25than 30 days after the date of issuance. Summons with 4 copies

 

 

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1of the interrogatories shall be served and returned as in other
2civil cases. If the garnishee is served with summons less than
310 days prior to the return date, the court shall continue the
4case to a new return date 14 days after the return date stated
5on the summons. The summons shall be in a form consistent with
6local court rules. The summons shall be accompanied by a copy
7of the underlying judgment or a certification by the clerk of
8the court that entered the judgment, or by the attorney for the
9judgment creditor, setting forth the amount of the judgment,
10the name of the court and the number of the case and one copy of
11a garnishment notice in substantially the following form:
12        "GARNISHMENT NOTICE
13    (Name and address of Court)
14    Name of Case: (Name of Judgment Creditor),
15        Judgment Creditor v.
16        (Name of Judgement Debtor),
17        Judgment Debtor.
18    Address of Judgment Debtor: (Insert last known address)
19    Name and address of Attorney for Judgment
20    Creditor or of Judgment Creditor (If no
21    attorney is listed): (Insert name and address)
22    Amount of Judgment: $(Insert amount)
23    Name of Garnishee: (Insert name)
24    Return Date: (Insert return date specified in summons)
25    NOTICE: The court has issued a garnishment summons against
26the garnishee named above for money or property (other than

 

 

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1wages) belonging to the judgment debtor or in which the
2judgment debtor has an interest. The garnishment summons was
3issued on the basis of a judgment against the judgment debtor
4in favor of the judgment creditor in the amount stated above.
5    The amount of money or property (other than wages) that may
6be garnished is limited by federal and Illinois law. The
7judgment debtor has the right to assert statutory exemptions
8against certain money or property of the judgment debtor which
9may not be used to satisfy the judgment in the amount stated
10above.
11    Under Illinois or federal law, the exemptions of personal
12property owned by the debtor include the debtor's equity
13interest, not to exceed $4,000 in value, in any personal
14property as chosen by the debtor; Social Security and SSI
15benefits; public assistance benefits; unemployment
16compensation benefits; workers' compensation benefits;
17veterans' benefits; circuit breaker property tax relief
18benefits; the debtor's equity interest, not to exceed $2,400 in
19value, in any one motor vehicle, and the debtor's equity
20interest, not to exceed $1,500 in value, in any implements,
21professional books or tools of the trade of the debtor.
22    The judgment debtor may have other possible exemptions from
23garnishment under the law.
24    The judgment debtor has the right to request a hearing
25before the court to dispute the garnishment or to declare
26exempt from garnishment certain money or property or both. To

 

 

09800SB1044sam001- 27 -LRB098 05335 HEP 44611 a

1obtain a hearing in counties with a population of 1,000,000 or
2more, the judgment debtor must notify the Clerk of the Court in
3person and in writing at (insert address of Clerk) before the
4return date specified above or appear in court on the date and
5time on that return date. To obtain a hearing in counties with
6a population of less than 1,000,000, the judgment debtor must
7notify the Clerk of the Court in writing at (insert address of
8Clerk) on or before the return date specified above. The Clerk
9of the Court will provide a hearing date and the necessary
10forms that must be prepared by the judgment debtor or the
11attorney for the judgment debtor and sent to the judgment
12creditor and the garnishee regarding the time and location of
13the hearing. This notice may be sent by regular first class
14mail."
15    (b) An officer or other person authorized by law to serve
16process shall serve the summons, interrogatories and the
17garnishment notice required by subsection (a) of this Section
18upon the garnishee and shall, (1) within 2 business days of the
19service upon the garnishee, mail a copy of the garnishment
20notice and the summons to the judgment debtor by first class
21mail at the judgment debtor's address indicated in the
22garnishment notice and (2) within 4 business days of the
23service upon the garnishee file with the clerk of the court a
24certificate of mailing in substantially the following form:
25
"CERTIFICATE OF MAILING
26    I hereby certify that, within 2 business days of service

 

 

09800SB1044sam001- 28 -LRB098 05335 HEP 44611 a

1upon the garnishee of the garnishment summons, interrogatories
2and garnishment notice, I served upon the judgment debtor in
3this cause a copy of the garnishment summons and garnishment
4notice by first class mail to the judgment debtor's address as
5indicated in the garnishment notice.
6Date:............ .........................  
7                           Signature"
8    In the case of service of the summons for garnishment upon
9the garnishee by certified or registered mail, as provided in
10subsection (c) of this Section, no sooner than 2 business days
11nor later than 4 business days after the date of mailing, the
12clerk shall mail a copy of the garnishment notice and the
13summons to the judgment debtor by first class mail at the
14judgment debtor's address indicated in the garnishment notice,
15shall prepare the Certificate of Mailing described by this
16subsection, and shall include the Certificate of Mailing in a
17permanent record.
18    (c) In a county with a population of less than 1,000,000,
19unless otherwise provided by circuit court rule, at the request
20of the judgment creditor or his or her attorney and instead of
21personal service, service of a summons for garnishment may be
22made as follows:
23        (1) For each garnishee to be served, the judgment
24    creditor or his or her attorney shall pay to the clerk of
25    the court a fee of $2, plus the cost of mailing, and
26    furnish to the clerk an original and 2 copies of a summons,

 

 

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1    an original and one copy of the interrogatories, an
2    affidavit setting forth the garnishee's mailing address,
3    an original and 2 copies of the garnishment notice required
4    by subsection (a) of this Section, and a copy of the
5    judgment or certification described in subsection (a) of
6    this Section. The original judgment shall be retained by
7    the clerk.
8        (2) The clerk shall mail to the garnishee, at the
9    address appearing in the affidavit, the copy of the
10    judgment or certification described in subsection (a) of
11    this Section, the summons, the interrogatories, and the
12    garnishment notice required by subsection (a) of this
13    Section, by certified or registered mail, return receipt
14    requested, showing to whom delivered and the date and
15    address of delivery. This Mailing shall be mailed on a
16    "restricted delivery" basis when service is directed to a
17    natural person. The envelope and return receipt shall bear
18    the return address of the clerk, and the return receipt
19    shall be stamped with the docket number of the case. The
20    receipt for certified or registered mail shall state the
21    name and address of the addressee, the date of the mailing,
22    shall identify the documents mailed, and shall be attached
23    to the original summons.
24        (3) The return receipt must be attached to the original
25    summons and, if it shows delivery at least 10 days before
26    the day for the return date, shall constitute proof of

 

 

09800SB1044sam001- 30 -LRB098 05335 HEP 44611 a

1    service of any documents identified on the return receipt
2    as having been mailed.
3        (4) The clerk shall note the fact of service in a
4    permanent record.
5    (d) The garnishment summons may be served and returned in
6the manner provided by Supreme Court Rule for service,
7otherwise than by publication, of a notice for additional
8relief upon a party in default.
9(Source: P.A. 94-293, eff. 1-1-06.)".