Full Text of HB6478 96th General Assembly
HB6478 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6478
Introduced 2/18/2010, by Rep. Michael J. Madigan - Barbara Flynn Currie SYNOPSIS AS INTRODUCED:
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735 ILCS 5/12-910 | from Ch. 110, par. 12-910 |
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Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning proceedings to enforce judgments.
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A BILL FOR
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HB6478 |
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LRB096 21112 AJO 36963 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | | 3 |
| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | | 5 |
| changing Section 12-910 as follows:
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| (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
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| Sec. 12-910. Proceedings to enforce judgment. If in the
the | | 8 |
| opinion of the
judgment creditors, or the officer holding a | | 9 |
| certified copy of a judgment
for enforcement against such | | 10 |
| individuals, the premises claimed by him or her
as exempt are | | 11 |
| worth more than $15,000, such officer shall summon
3 | | 12 |
| individuals,
as commissioners, who shall, upon oath, to be | | 13 |
| administered
to them by the officer, appraise the premises, and | | 14 |
| if, in their opinion,
the property may be divided without | | 15 |
| damage to the interest of the
parties, they shall set off so | | 16 |
| much of the premises, including the dwelling
house, as in their | | 17 |
| opinion is worth $15,000, and the
residue of the premises may | | 18 |
| be advertised and sold by such officer. Each
commissioner shall | | 19 |
| receive for his or her services the sum of $5 per day
for each | | 20 |
| day necessarily engaged in such service. The officer summoning | | 21 |
| such
commissioners shall receive such fees as may be allowed | | 22 |
| for serving
summons, but shall be entitled to charge mileage | | 23 |
| for only the actual
distance traveled from the premises to be |
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HB6478 |
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LRB096 21112 AJO 36963 b |
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| appraised, to the residence of
the commissioners summoned. The | | 2 |
| officer shall not be required
to summon commissioners until the | | 3 |
| judgment creditor, or some one for him
or her, shall advance to | | 4 |
| the officer one day's fees for the commissioners,
and unless | | 5 |
| the creditor shall advance such fees the officer shall not be
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| required to enforce the judgment. The costs of such | | 7 |
| appraisement shall not
be taxed against the judgment debtor | | 8 |
| unless such appraisement
shows that the judgment debtor has | | 9 |
| property subject to such judgment. | | 10 |
| (Source: P.A. 94-293, eff. 1-1-06.)
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