Illinois General Assembly - Full Text of SB1044
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Full Text of SB1044  98th General Assembly

SB1044enr 98TH GENERAL ASSEMBLY



 


 
SB1044 EnrolledLRB098 05335 HEP 35369 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, 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
17the judgment. A supplementary proceeding shall be commenced by
18the service of a citation issued by the clerk. The procedure
19for conducting supplementary proceedings shall be prescribed
20by rules. It is not a prerequisite to the commencement of a
21supplementary proceeding that a certified copy of the judgment
22has been returned wholly or partly unsatisfied. All citations
23issued by the clerk shall have the following language, or

 

 

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1language substantially similar thereto, stated prominently on
2the front, in capital letters: "IF YOU FAIL TO APPEAR IN COURT
3AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT
4BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT,
5WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
6The court shall not grant a continuance of the supplementary
7proceeding except upon good cause shown.
8    (b) Any citation served upon a judgment debtor or any other
9person shall include a certification by the attorney for the
10judgment creditor or the judgment creditor setting forth the
11amount of the judgment, the date of the judgment, or its
12revival date, the balance due thereon, the name of the court,
13and the number of the case, and a copy of the citation notice
14required by this subsection. Whenever a citation is served upon
15a person or party other than the judgment debtor, the officer
16or person serving the citation shall send to the judgment
17debtor, within three business days of the service upon the
18cited party, a copy of the citation and the citation notice,
19which may be sent by regular first-class mail to the judgment
20debtor's last known address. In no event shall a citation
21hearing be held sooner than five business days after the
22mailing of the citation and citation notice to the judgment
23debtor, except by agreement of the parties. The citation notice
24need not be mailed to a corporation, partnership, or
25association. The citation notice shall be in substantially the
26following form:

 

 

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1
"CITATION NOTICE
2        (Name and address of Court)
3        Name of Case: (Name of Judgment Creditor),
4            Judgment Creditor v.
5            (Name of Judgment Debtor),
6            Judgment Debtor.
7        Address of Judgment Debtor: (Insert last known
8            address)
9        Name and address of Attorney for Judgment
10            Creditor or of Judgment Creditor (If no
11            attorney is listed): (Insert name and address)
12        Amount of Judgment: $ (Insert amount)
13        Name of Person Receiving Citation: (Insert name)
14        Court Date and Time: (Insert return date and time
15            specified in citation)
16    NOTICE: The court has issued a citation against the person
17named above. The citation directs that person to appear in
18court to be examined for the purpose of allowing the judgment
19creditor to discover income and assets belonging to the
20judgment debtor or in which the judgment debtor has an
21interest. The citation was issued on the basis of a judgment
22against the judgment debtor in favor of the judgment creditor
23in the amount stated above. On or after the court date stated
24above, the court may compel the application of any discovered
25income or assets toward payment on the judgment.
26    The amount of income or assets that may be applied toward

 

 

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1the judgment is limited by federal and Illinois law. The
2JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
3AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
4MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
5ABOVE:
6        (1) Under Illinois or federal law, the exemptions of
7    personal property owned by the debtor include the debtor's
8    equity interest, not to exceed $4,000 in value, in any
9    personal property as chosen by the debtor; Social Security
10    and SSI benefits; public assistance benefits; unemployment
11    compensation benefits; worker's compensation benefits;
12    veteran's benefits; circuit breaker property tax relief
13    benefits; the debtor's equity interest, not to exceed
14    $2,400 in value, in any one motor vehicle, and the debtor's
15    equity interest, not to exceed $1,500 in value, in any
16    implements, professional books, or tools of the trade of
17    the debtor.
18        (2) Under Illinois law, every person is entitled to an
19    estate in homestead, when it is owned and occupied as a
20    residence, to the extent in value of $15,000, which
21    homestead is exempt from judgment.
22        (3) Under Illinois law, the amount of wages that may be
23    applied toward a judgment is limited to the lesser of (i)
24    15% of gross weekly wages or (ii) the amount by which
25    disposable earnings for a week exceed the total of 45 times
26    the federal minimum hourly wage or, under a wage deduction

 

 

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1    summons served on or after January 1, 2006, the Illinois
2    minimum hourly wage, whichever is greater.
3        (4) Under federal law, the amount of wages that may be
4    applied toward a judgment is limited to the lesser of (i)
5    25% of disposable earnings for a week or (ii) the amount by
6    which disposable earnings for a week exceed 30 times the
7    federal minimum hourly wage.
8        (5) Pension and retirement benefits and refunds may be
9    claimed as exempt under Illinois law.
10    The judgment debtor may have other possible exemptions
11under the law.
12    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
13TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
14judgment debtor also has the right to seek a declaration at an
15earlier date, by notifying the clerk in writing at (insert
16address of clerk). When so notified, the Clerk of the Court
17will obtain a prompt hearing date from the court and will
18provide the necessary forms that must be prepared by the
19judgment debtor or the attorney for the judgment debtor and
20sent to the judgment creditor and the judgment creditor's
21attorney regarding the time and location of the hearing. This
22notice may be sent by regular first class mail."
23    (b-1) Any citation served upon a judgment debtor who is a
24natural person shall be served by personal service or abode
25service as provided in Supreme Court Rule 105 and shall include
26a copy of the Income and Asset Form set forth in subsection

 

 

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1(b-5).
2    (b-5) The Income and Asset Form required to be served by
3the judgment creditor in subsection (b-1) shall be in
4substantially the following form:
 
5
INCOME AND ASSET FORM
6        To Judgment Debtor: Please complete this form and bring
7    it with you to the hearing referenced in the enclosed
8    citation notice. You should also bring to the hearing any
9    documents you have to support the information you provide
10    in this form, such as pay stubs and account statements. The
11    information you provide will help the court determine
12    whether you have any property or income that can be used to
13    satisfy the judgment entered against you in this matter.
14    The information you provide must be accurate to the best of
15    your knowledge.
16        If you fail to appear at this hearing, you could be
17    held in contempt of court and possibly arrested.
18        In answer to the citation and supplemental proceedings
19    served upon the judgment debtor, he or she answers as
20    follows:
 
21        Name:.....................
22        Home Phone Number:.................
23        Home Address:....................
24        Date of Birth:......................

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1credit or effect discovered, or any interest therein, is
2claimed by any person, the court shall, as in garnishment
3proceedings, permit or require the claimant to appear and
4maintain his or her right. The rights of the person cited and
5the rights of any adverse claimant shall be asserted and
6determined pursuant to the law relating to garnishment
7proceedings.
8    (h) Costs in proceedings authorized by this Section shall
9be allowed, assessed and paid in accordance with rules,
10provided that if the court determines, in its discretion, that
11costs incurred by the judgment creditor were improperly
12incurred, those costs shall be paid by the judgment creditor.
13    (i) This Section is in addition to and does not affect
14enforcement of judgments or proceedings supplementary thereto,
15by any other methods now or hereafter provided by law.
16    (j) This Section does not grant the power to any court to
17order installment or other payments from, or compel the sale,
18delivery, surrender, assignment or conveyance of any property
19exempt by statute from the enforcement of a judgment thereon, a
20deduction order, garnishment, attachment, sequestration,
21process or other levy or seizure.
22    (k) (Blank).
23    (k-3) The court may enter any order upon or judgment
24against the respondent cited that could be entered in any
25garnishment proceeding under Part 7 of Article XII of this
26Code. This subsection (k-3) shall be construed as being

 

 

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1declarative of existing law and not as a new enactment.
2    (k-5) If the court determines that any property held by a
3third party respondent is wages pursuant to Section 12-801, the
4court shall proceed as if a wage deduction proceeding had been
5filed and proceed to enter such necessary and proper orders as
6would have been entered in a wage deduction proceeding
7including but not limited to the granting of the statutory
8exemptions allowed by Section 12-803 and all other remedies
9allowed plaintiff and defendant pursuant to Part 8 of Article
1012 of this Act.
11    (k-10) If a creditor discovers personal property of the
12judgment debtor that is subject to the lien of a citation to
13discover assets, the creditor may have the court impress a lien
14against a specific item of personal property, including a
15beneficial interest in a land trust. The lien survives the
16termination of the citation proceedings and remains as a lien
17against the personal property in the same manner that a
18judgment lien recorded against real property pursuant to
19Section 12-101 remains a lien on real property. If the judgment
20is revived before dormancy, the lien shall remain. A lien
21against personal property may, but need not, be recorded in the
22office of the recorder or filed as an informational filing
23pursuant to the Uniform Commercial Code.
24    (l) At any citation hearing at which the judgment debtor
25appears and seeks a declaration that certain of his or her
26income or assets are exempt, the court shall proceed to

 

 

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

 

 

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

 

 

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1Assembly. The requirements or limitations set forth in
2subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply
3to the enforcement of any order or judgment resulting from an
4adjudication of a municipal ordinance violation that is subject
5to Supreme Court Rules 570 through 579, or from an
6administrative adjudication of such an ordinance violation.
7(Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12.)
 
8    (735 ILCS 5/2-1602)
9    Sec. 2-1602. Revival of judgment.
10    (a) A judgment may be revived by filing a petition to
11revive the judgment in the seventh year after its entry, or in
12the seventh year after its last revival, or in the twentieth
13year after its entry, or at any other time within 20 years
14after its entry if the judgment becomes dormant. The provisions
15of this amendatory Act of the 96th General Assembly are
16declarative of existing law.
17    (b) A petition to revive a judgment shall be filed in the
18original case in which the judgment was entered. The petition
19shall include a statement as to the original date and amount of
20the judgment, court costs expended, accrued interest, and
21credits to the judgment, if any.
22    (c) Service of notice of the petition to revive a judgment
23shall be made in accordance with Supreme Court Rule 106.
24    (d) An order reviving a judgment shall be for the original
25amount of the judgment. The plaintiff may recover interest and

 

 

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1court costs from the date of the original judgment. Credits to
2the judgment shall be reflected by the plaintiff in
3supplemental proceedings or execution.
4    (e) If a judgment debtor has filed for protection under the
5United States Bankruptcy Code and failed to successfully
6adjudicate and remove a lien filed by a judgment creditor, then
7the judgment may be revived only as to the property to which a
8lien attached before the filing of the bankruptcy action.
9    (f) A judgment may be revived as to fewer than all judgment
10debtors, and such order for revival of judgment shall be final,
11appealable, and enforceable.
12    (g) This Section does not apply to a child support judgment
13or to a judgment recovered in an action for damages for an
14injury described in Section 13-214.1, which need not be revived
15as provided in this Section and which may be enforced at any
16time as provided in Section 12-108.
17    (h) If a judgment becomes dormant during the pendency of an
18enforcement proceeding against wages under Part 14 of this
19Article or under Article XII, the enforcement may continue to
20conclusion without revival of the underlying judgment so long
21as the enforcement is done under court supervision and includes
22a wage deduction order or turn over order and is against an
23employer, garnishee, or other third party respondent.
24(Source: P.A. 96-305, eff. 8-11-09; 97-350, eff. 1-1-12.)
 
25    (735 ILCS 5/12-101)  (from Ch. 110, par. 12-101)

 

 

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1    Sec. 12-101. Lien of judgment. With respect to the creation
2of liens on real estate by judgments, all real estate in the
3State of Illinois is divided into 2 classes.
4    The first class consists of all real property, the title to
5which is registered under "An Act concerning land titles",
6approved May 1, 1897, as amended.
7    The second class consists of all real property not
8registered under "An Act concerning land titles".
9    As to real estate in class one, a judgment is a lien on the
10real estate of the person against whom it is entered for the
11same period as in class two, when Section 85 of "An Act
12concerning land titles", has been complied with.
13    As to real estate included within class two, a judgment is
14a lien on the real estate of the person against whom it is
15entered in any county in this State, including the county in
16which it is entered, only from the time a transcript, certified
17copy or memorandum of the judgment is filed in the office of
18the recorder in the county in which the real estate is located.
19The lien may be foreclosed by an action brought in the name of
20the judgment creditor or its assignee of record under Article
21XV in the same manner as a mortgage of real property, except
22that the redemption period shall be 6 months from the date of
23sale and the real estate homestead exemption under Section
2412-901 shall apply. A judgment resulting from the entry of an
25order requiring child support payments shall be a lien upon the
26real estate of the person obligated to make the child support

 

 

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1payments, but shall not be enforceable in any county of this
2State until a transcript, certified copy, or memorandum of the
3lien is filed in the office of the recorder in the county in
4which the real estate is located. Any lien hereunder arising
5out of an order for support shall be a lien only as to and from
6the time that an installment or payment is due under the terms
7of the order. Further, the order for support shall not be a
8lien on real estate to the extent of payments made as evidenced
9by the records of the Clerk of the Circuit Court or State
10agency receiving payments pursuant to the order. In the event
11payments made pursuant to that order are not paid to the Clerk
12of the Circuit Court or a State agency, then each lien imposed
13by this Section may be released in the following manner:
14        (a) A Notice of Filing and an affidavit stating that
15    all installments of child support required to be paid
16    pursuant to the order under which the lien or liens were
17    imposed have been paid shall be filed with the office of
18    recorder in each county in which each such lien appears of
19    record, together with proof of service of such notice and
20    affidavit upon the recipient of such payments.
21        (b) Service of such affidavit shall be by any means
22    authorized under Sections 2-203 and 2-208 of the Code of
23    Civil Procedure or under Supreme Court Rules 11 or 105(b).
24        (c) The Notice of Filing shall set forth the name and
25    address of the judgment debtor and the judgment creditor,
26    the court file number of the order giving rise to the

 

 

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1    judgment and, in capital letters, the following statement:
2        YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
3    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER
4    OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
5    ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE,
6    YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF
7    THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE,
8    SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO
9    LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL
10    NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
11        (d) If no affidavit objecting to the release of the
12    lien or liens is filed within 28 days of the Notice
13    described in paragraph (c) of this Section such lien or
14    liens shall be deemed to be released and no longer subject
15    to foreclosure.
16    A judgment is not a lien on real estate for longer than 7
17years from the time it is entered or revived, unless the
18judgment is revived within 7 years after its entry or last
19revival and a new memorandum of judgment is recorded prior to
20the judgment and its recorded memorandum of judgment becoming
21dormant.
22    When a judgment is revived it is a lien on the real estate
23of the person against whom it was entered in any county in this
24State from the time a transcript, certified copy or memorandum
25of the order of revival is filed in the office of the recorder
26in the county in which the real estate is located.

 

 

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1    A foreign judgment registered or filed pursuant to Sections
212-630 12-601 through 12-672 12-618 of this Act is a lien upon
3the real estate of the person against whom it was entered only
4from the time (1) a copy of the affidavit required by Section
512-653 with a copy certified copy of the verified petition for
6registration of the foreign judgment attached showing the
7filing in a court of this State or (2) a transcript, certified
8copy or memorandum of a the final judgment of the court of this
9State entered on an action to enforce a that foreign judgment
10is filed in the office of the recorder in the county in which
11the real estate is located. However, no such judgment shall be
12a lien on any real estate registered under "An Act concerning
13land titles", as amended, until Section 85 of that Act has been
14complied with.
15    The release of any transcript, certified copy or memorandum
16of judgment or order of revival which has been recorded shall
17be filed by the person receiving the release in the office of
18the recorder in which such judgment or order has been recorded.
19    Such release shall contain in legible letters a statement
20as follows:
21        FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
22    FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE
23    OFFICE THE LIEN WAS FILED.
24    The term "memorandum" as used in this Section means a
25memorandum or copy of the judgment signed by a judge or a copy
26attested by the clerk of the court entering it and showing the

 

 

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1court in which entered, date, amount, number of the case in
2which it was entered, name of the party in whose favor and name
3and last known address of the party against whom entered. If
4the address of the party against whom the judgment was entered
5is not known, the memorandum or copy of judgment shall so
6state.
7    The term "memorandum" as used in this Section also means a
8memorandum or copy of a child support order signed by a judge
9or a copy attested by the clerk of the court entering it or a
10copy attested by the administrative body entering it.
11    This Section shall not be construed as showing an intention
12of the legislature to create a new classification of real
13estate, but shall be construed as showing an intention of the
14legislature to continue a classification already existing.
15(Source: P.A. 97-350, eff. 1-1-12.)
 
16    (735 ILCS 5/12-705)  (from Ch. 110, par. 12-705)
17    Sec. 12-705. Summons.
18    (a) Summons shall be returnable not less than 21 nor more
19than 30 days after the date of issuance. Summons with 4 copies
20of the interrogatories shall be served and returned as in other
21civil cases. If the garnishee is served with summons less than
2210 days prior to the return date, the court shall continue the
23case to a new return date 14 days after the return date stated
24on the summons. The summons shall be in a form consistent with
25local court rules. The summons shall be accompanied by a copy

 

 

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1of the underlying judgment or a certification by the clerk of
2the court that entered the judgment, or by the attorney for the
3judgment creditor, setting forth the amount of the judgment,
4the name of the court and the number of the case and one copy of
5a garnishment notice in substantially the following form:
6        "GARNISHMENT NOTICE
7    (Name and address of Court)
8    Name of Case: (Name of Judgment Creditor),
9        Judgment Creditor v.
10        (Name of Judgement Debtor),
11        Judgment Debtor.
12    Address of Judgment Debtor: (Insert last known address)
13    Name and address of Attorney for Judgment
14    Creditor or of Judgment Creditor (If no
15    attorney is listed): (Insert name and address)
16    Amount of Judgment: $(Insert amount)
17    Name of Garnishee: (Insert name)
18    Return Date: (Insert return date specified in summons)
19    NOTICE: The court has issued a garnishment summons against
20the garnishee named above for money or property (other than
21wages) belonging to the judgment debtor or in which the
22judgment debtor has an interest. The garnishment summons was
23issued on the basis of a judgment against the judgment debtor
24in favor of the judgment creditor in the amount stated above.
25    The amount of money or property (other than wages) that may
26be garnished is limited by federal and Illinois law. The

 

 

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1judgment debtor has the right to assert statutory exemptions
2against certain money or property of the judgment debtor which
3may not be used to satisfy the judgment in the amount stated
4above.
5    Under Illinois or federal law, the exemptions of personal
6property owned by the debtor include the debtor's equity
7interest, not to exceed $4,000 in value, in any personal
8property as chosen by the debtor; Social Security and SSI
9benefits; public assistance benefits; unemployment
10compensation benefits; workers' compensation benefits;
11veterans' benefits; circuit breaker property tax relief
12benefits; the debtor's equity interest, not to exceed $2,400 in
13value, in any one motor vehicle, and the debtor's equity
14interest, not to exceed $1,500 in value, in any implements,
15professional books or tools of the trade of the debtor.
16    The judgment debtor may have other possible exemptions from
17garnishment under the law.
18    The judgment debtor has the right to request a hearing
19before the court to dispute the garnishment or to declare
20exempt from garnishment certain money or property or both. To
21obtain a hearing in counties with a population of 1,000,000 or
22more, the judgment debtor must notify the Clerk of the Court in
23person and in writing at (insert address of Clerk) before the
24return date specified above or appear in court on the date and
25time on that return date. To obtain a hearing in counties with
26a population of less than 1,000,000, the judgment debtor must

 

 

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

 

 

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

 

 

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

 

 

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1otherwise than by publication, of a notice for additional
2relief upon a party in default.
3(Source: P.A. 94-293, eff. 1-1-06.)