Full Text of SB1044 98th General Assembly
SB1044sam001 98TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-1402, 2-1602, 12-101, and 12-705 as | 6 | | follows:
| 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 | 10 | | interest when that
interest is made to appear of record, is | 11 | | entitled to prosecute supplementary
proceedings for the | 12 | | purposes of examining the judgment debtor or any other
person | 13 | | to discover assets or income of the debtor not exempt from the
| 14 | | enforcement of the judgment, a deduction order or garnishment, | 15 | | and of
compelling the application of non-exempt assets or | 16 | | income discovered toward the
payment of the amount due under |
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| 1 | | the judgment. A supplementary proceeding shall
be commenced by | 2 | | the service of a citation issued by the clerk. The procedure
| 3 | | for conducting supplementary proceedings shall be prescribed | 4 | | by rules. It is
not a prerequisite to the commencement of a | 5 | | supplementary proceeding that a
certified copy of the judgment | 6 | | has been returned wholly or partly unsatisfied.
All citations | 7 | | issued by the clerk shall have the following language, or
| 8 | | language substantially similar thereto, stated prominently on | 9 | | the front, in
capital letters: "IF YOU FAIL TO APPEAR IN COURT | 10 | | AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT | 11 | | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | 12 | | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
| 13 | | The court shall not grant a continuance of the supplementary | 14 | | proceeding except
upon good cause shown.
| 15 | | (b) Any citation served upon a judgment debtor or any other | 16 | | person shall
include a certification by the attorney for the | 17 | | judgment creditor or the
judgment creditor setting forth the | 18 | | amount of the judgment, the date of the
judgment, or its | 19 | | revival date, the balance due thereon, the name of the court,
| 20 | | and the number of the case, and a copy of the citation notice | 21 | | required by this
subsection. Whenever a citation is served upon | 22 | | a person or party other than
the judgment debtor, the officer | 23 | | or person serving the citation shall send to
the judgment | 24 | | debtor, within three business days of the service upon the | 25 | | cited
party, a copy of the citation and the citation notice, | 26 | | which may be sent
by regular first-class mail to the judgment |
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| 1 | | debtor's last known address. In no
event shall a citation | 2 | | hearing be held sooner than five business days after the
| 3 | | mailing of the citation and citation notice to the judgment | 4 | | debtor, except by
agreement of the parties. The citation notice | 5 | | need not be mailed to a
corporation, partnership, or | 6 | | association. The citation notice shall be in
substantially the | 7 | | following 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 | 24 | | named above. The
citation directs that person to appear in | 25 | | court to be examined for the purpose
of allowing the judgment | 26 | | creditor to discover income and assets belonging to
the |
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| 1 | | judgment debtor or in which the judgment debtor has an | 2 | | interest. The
citation was issued on the basis of a judgment | 3 | | against the judgment debtor in
favor of the judgment creditor | 4 | | in the amount stated above. On or after the
court date stated | 5 | | above, the court may compel the application of any
discovered | 6 | | income or assets toward payment on the judgment.
| 7 | | The amount of income or assets that may be applied toward | 8 | | the judgment is
limited by federal and Illinois law. The | 9 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 10 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 11 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 12 | | ABOVE:
| 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 | 18 | | under the law.
| 19 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 20 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 21 | | judgment debtor also has the right to
seek a declaration at an | 22 | | earlier date, by notifying the clerk in writing at
(insert | 23 | | address of clerk). When so notified, the Clerk of the Court | 24 | | will
obtain a prompt hearing date from the court and will
| 25 | | provide the necessary forms that must be prepared by the | 26 | | judgment debtor or the
attorney for the judgment debtor and |
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| 1 | | sent to the judgment creditor and the
judgment creditor's | 2 | | attorney regarding the time and location of the hearing.
This | 3 | | notice may be sent by regular first class mail."
| 4 | | (b-1) Any citation served upon a judgment debtor who is a | 5 | | natural person shall be served by personal service or abode | 6 | | service as provided in Supreme Court Rule 105 and shall include | 7 | | a 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 | 10 | | the judgment creditor in subsection (b-1) shall be in | 11 | | substantially 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 | 18 | | proceed notwithstanding an
absent or incomplete Income and | 19 | | Asset Form, and a judgment debtor may be examined for the | 20 | | purpose of allowing the judgment creditor to discover income | 21 | | and assets belonging to the judgment debtor or in which the | 22 | | judgment debtor has an interest. | 23 | | (c) When assets or income of the judgment debtor not exempt | 24 | | from
the satisfaction of a judgment, a deduction order or | 25 | | garnishment are
discovered, the court may, by appropriate order | 26 | | or 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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| 1 | | a natural person, no payment
order shall be entered under | 2 | | subsection (c) unless the Income and Asset Form was served upon | 3 | | the judgment debtor as required by subsection (b-1), the | 4 | | judgment debtor has had an opportunity to assert exemptions, | 5 | | and 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 | 8 | | record a certification of
mailing showing that a copy of the | 9 | | citation and a copy of the citation notice was mailed to the | 10 | | judgment debtor as required by subsection (b).
| 11 | | (d-5) If upon examination the court determines that the | 12 | | judgment debtor does not possess any non-exempt income or | 13 | | assets, then the citation shall be dismissed. | 14 | | (e) All property ordered to be delivered up shall, except | 15 | | as
otherwise provided in this Section, be delivered to the | 16 | | sheriff to be
collected by the sheriff or sold at public sale | 17 | | and the proceeds thereof
applied towards the payment of costs | 18 | | and the satisfaction of the judgment. If the judgment debtor's | 19 | | property is of such a nature that it is not readily delivered | 20 | | up to the sheriff for public sale or if another method of sale | 21 | | is more appropriate to liquidate the property or enhance its | 22 | | value at sale, the court may order the sale of such property by | 23 | | the debtor, third party respondent, or by a selling agent other | 24 | | than the sheriff upon such terms as are just and equitable. The | 25 | | proceeds of sale, after deducting reasonable and necessary | 26 | | expenses, are to be turned over to the creditor and applied to |
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| 1 | | the 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, | 8 | | credit or
effect discovered, or any interest therein, is | 9 | | claimed by any person, the court
shall, as in garnishment | 10 | | proceedings, permit or require the claimant to appear
and | 11 | | maintain his or her right. The rights of the person cited
and | 12 | | the rights of any adverse claimant shall be asserted and | 13 | | determined
pursuant to the law relating to garnishment | 14 | | proceedings.
| 15 | | (h) Costs in proceedings authorized by this Section shall | 16 | | be
allowed, assessed and paid in accordance with rules, | 17 | | provided that if the
court determines, in its discretion, that | 18 | | costs incurred by the judgment
creditor were improperly | 19 | | incurred, those costs shall be paid by the judgment
creditor.
| 20 | | (i) This Section is in addition to and does not affect
| 21 | | enforcement of judgments or proceedings supplementary thereto, | 22 | | by any other
methods now or hereafter provided by law.
| 23 | | (j) This Section does not grant the power to any court to | 24 | | order
installment or other payments from, or compel the sale, | 25 | | delivery,
surrender, assignment or conveyance of any property | 26 | | exempt by statute
from the enforcement of a judgment thereon, a |
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| 1 | | deduction order, garnishment,
attachment, sequestration, | 2 | | process or other levy or seizure.
| 3 | | (k) (Blank).
| 4 | | (k-3) The court may enter any order upon or judgment | 5 | | against the respondent cited that could be entered in any | 6 | | garnishment proceeding under Part 7 of Article XII of this | 7 | | Code. This subsection (k-3) shall be construed as being | 8 | | declarative of existing law and not as a new enactment. | 9 | | (k-5) If the court determines that any property held by a | 10 | | third party respondent is wages pursuant to Section 12-801, the | 11 | | court shall proceed as if a wage deduction proceeding had been | 12 | | filed and proceed to enter such necessary and proper orders as | 13 | | would have been entered in a wage deduction proceeding | 14 | | including but not limited to the granting of the statutory | 15 | | exemptions allowed by Section 12-803 and all other remedies | 16 | | allowed plaintiff and defendant pursuant to Part 8 of Article | 17 | | 12 of this Act.
| 18 | | (k-10) If a creditor discovers personal property of the | 19 | | judgment debtor that is subject to the lien of a citation to | 20 | | discover assets, the creditor may have the court impress a lien | 21 | | against a specific item of personal property, including a | 22 | | beneficial interest in a land trust. The lien survives the | 23 | | termination of the citation proceedings and remains as a lien | 24 | | against the personal property in the same manner that a | 25 | | judgment lien recorded against real property pursuant to | 26 | | Section 12-101 remains a lien on real property. If the judgment |
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| 1 | | is revived before dormancy, the lien shall remain. A lien | 2 | | against personal property may, but need not, be recorded in the | 3 | | office of the recorder or filed as an informational filing | 4 | | pursuant to the Uniform Commercial Code. | 5 | | (l) At any citation hearing at which the judgment debtor | 6 | | appears and seeks
a declaration that certain of his or her | 7 | | income or assets are exempt, the court
shall proceed to | 8 | | determine whether the property which the judgment debtor
| 9 | | declares to be exempt is exempt from judgment. At any time | 10 | | before the return
date specified on the citation, the judgment | 11 | | debtor may request, in writing, a
hearing to declare exempt | 12 | | certain income and assets by notifying the clerk of
the court | 13 | | before that time, using forms as may be provided by the clerk | 14 | | of the
court. The clerk of the court will obtain a prompt | 15 | | hearing date from the
court and will provide the necessary | 16 | | forms that must be prepared by the
judgment debtor or the | 17 | | attorney for the judgment debtor and sent to the
judgment | 18 | | creditor, or the judgment creditor's attorney, regarding the | 19 | | time and
location of the hearing. This notice may be sent by | 20 | | regular first class mail.
At the hearing, the court shall | 21 | | immediately, unless for good cause shown that
the hearing is to | 22 | | be continued, shall proceed to determine whether the property
| 23 | | which the judgment debtor declares to be exempt is exempt from | 24 | | judgment. The
restraining provisions of subsection (f) shall | 25 | | not 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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| 1 | | lien when a
citation is served in accordance with subsection | 2 | | (a) of this Section. The lien
binds nonexempt personal | 3 | | property, including money, choses in action, and
effects of the | 4 | | judgment 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 | 18 | | rights of
citation respondents in property prior to the service | 19 | | of the citation upon them
and does not affect the rights of | 20 | | bona fide purchasers or lenders without
notice of the citation. | 21 | | The lien is effective for the period specified by
Supreme Court | 22 | | Rule.
| 23 | | This subsection (m), as added by Public Act 88-48, is a | 24 | | declaration of
existing law.
| 25 | | (n) If any provision of this Act or its application to any | 26 | | person or
circumstance is held invalid, the invalidity of that |
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| 1 | | provision or application
does not affect the provisions or | 2 | | applications of the Act that can be given
effect without the | 3 | | invalid provision or application.
| 4 | | (o) The changes to this Section made by this amendatory Act | 5 | | of the 97th General Assembly apply only to supplementary | 6 | | proceedings commenced under this Section on or after the | 7 | | effective date of this amendatory Act of the 97th General | 8 | | Assembly. The requirements or limitations set forth in | 9 | | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply | 10 | | to the enforcement of any order or judgment resulting from an | 11 | | adjudication of a municipal ordinance violation that is subject | 12 | | to Supreme Court Rules 570 through 579, or from an | 13 | | administrative 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 | 18 | | revive the judgment in the seventh year after its
entry, or in | 19 | | the seventh year after its last revival, or in the twentieth | 20 | | year after its entry, or at any other
time within 20 years | 21 | | after its entry if the judgment becomes dormant. The provisions | 22 | | of this amendatory Act of the 96th General Assembly are | 23 | | declarative of existing law.
| 24 | | (b) A petition to revive a judgment shall be filed in the | 25 | | original
case in which the judgment was entered. The petition |
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| 1 | | shall include a
statement as to the original date and amount of | 2 | | the judgment, court
costs expended, accrued interest, and | 3 | | credits to the judgment, if any.
| 4 | | (c) Service of notice of the petition to revive a judgment | 5 | | shall
be made in accordance with Supreme Court Rule 106.
| 6 | | (d) An order reviving a judgment shall be for the original | 7 | | amount
of the judgment. The plaintiff may recover interest and | 8 | | court costs from
the date of the original judgment. Credits to | 9 | | the judgment shall be
reflected by the plaintiff in | 10 | | supplemental proceedings or execution.
| 11 | | (e) If a judgment debtor has filed for protection under the | 12 | | United
States Bankruptcy Code and failed to successfully | 13 | | adjudicate and remove
a lien filed by a judgment creditor, then | 14 | | the judgment may be revived
only as to the property to which a | 15 | | lien attached before the filing of
the bankruptcy action.
| 16 | | (f) A judgment may be revived as to fewer than all judgment
| 17 | | debtors, and such order for revival of judgment shall be final,
| 18 | | appealable, and enforceable.
| 19 | | (g) This Section does not apply to a child support judgment | 20 | | or to a judgment
recovered in an action for damages for an | 21 | | injury described in Section 13-214.1,
which
need not be revived | 22 | | as provided in this Section and which may be enforced at
any | 23 | | time as
provided in Section 12-108.
| 24 | | (h) If a judgment becomes dormant during the pendency of an | 25 | | enforcement proceeding under Part 14 of this Article or under | 26 | | Article XII, the enforcement may continue to conclusion without |
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| 1 | | revival of the underlying judgment so long as the enforcement | 2 | | is done under court supervision and includes a payment, | 3 | | withholding, 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 | 7 | | of liens on
real estate by judgments, all real estate in the | 8 | | State of Illinois is divided
into 2 classes.
| 9 | | The first class consists of all real property, the title to | 10 | | which is
registered under "An Act concerning land titles", | 11 | | approved May 1, 1897,
as amended.
| 12 | | The second class consists of all real property not | 13 | | registered under "An
Act concerning land titles".
| 14 | | As to real estate in class one, a judgment is a lien on the
| 15 | | real estate of the person against whom it is entered for the | 16 | | same
period as in class two, when Section 85 of "An Act | 17 | | concerning land
titles", has been complied with.
| 18 | | As to real estate included within class two, a judgment is | 19 | | a lien on the real
estate of the person against whom it is
| 20 | | entered in any county in this State, including the county in | 21 | | which it is
entered, only from the time a transcript, certified | 22 | | copy or memorandum of
the judgment is filed in the office of | 23 | | the recorder in the county in which
the real estate is located.
| 24 | | The lien may be foreclosed by an action brought in the name of | 25 | | the judgment
creditor or its assignee of record under Article |
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| 1 | | XV in the same manner as a
mortgage of real property, except | 2 | | that the redemption period shall be 6 months
from the date of | 3 | | sale and the real estate homestead exemption under Section
| 4 | | 12-901 shall apply.
A judgment resulting from the entry of an | 5 | | order requiring child support
payments shall be a lien upon the | 6 | | real estate of the person obligated to make
the child support | 7 | | payments, but shall not be enforceable in any county of this
| 8 | | State until a transcript, certified copy, or memorandum of the
| 9 | | lien is filed in the office of the recorder in the county in | 10 | | which the real
estate is located.
Any lien hereunder arising | 11 | | out of an order
for support shall be a lien only as to and from | 12 | | the time that an
installment or payment is due under the terms | 13 | | of the order. Further, the
order for support shall not be a | 14 | | lien on real estate to the extent of
payments made as evidenced | 15 | | by the records of the Clerk of the Circuit Court
or State | 16 | | agency receiving payments pursuant to the order. In the event
| 17 | | payments made pursuant to that order are not paid to the Clerk | 18 | | of the
Circuit Court or a State agency, then each lien imposed | 19 | | by 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 | 23 | | years from the
time it is entered or revived, unless the | 24 | | judgment is revived within 7 years
after its entry or last | 25 | | revival and a new memorandum of judgment is recorded prior to | 26 | | the judgment and its recorded memorandum of judgment becoming |
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| 1 | | dormant.
| 2 | | When a judgment is revived it is a lien on the real estate | 3 | | of
the person against whom it was entered in any county in this | 4 | | State from
the time a transcript, certified copy or memorandum | 5 | | of the order of
revival is filed in the office of the recorder | 6 | | in the county in
which the real estate is located.
| 7 | | A foreign judgment registered or filed pursuant to Sections | 8 | | 12-630 12-601 through 12-672 12-618
of this Act is a lien upon | 9 | | the real estate of the person against whom it
was entered only | 10 | | from the time (1) a copy of the affidavit required by Section | 11 | | 12-653 with a copy certified copy of the verified
petition for | 12 | | registration of the foreign judgment attached showing the | 13 | | filing in a court of this State or (2) a transcript,
certified | 14 | | copy or memorandum of a the final judgment of the court of this
| 15 | | State entered on an action to enforce a that foreign judgment | 16 | | is filed in the office of the
recorder in the county in which | 17 | | the real estate is located. However, no
such judgment shall be | 18 | | a lien on any real estate registered under "An Act
concerning | 19 | | land titles", as amended, until Section 85 of that Act has been
| 20 | | complied with.
| 21 | | The release of any transcript, certified copy or memorandum | 22 | | of judgment
or order of revival which has been recorded shall | 23 | | be filed by the person
receiving the release in the office of | 24 | | the recorder in which such
judgment or order has been recorded.
| 25 | | Such release shall contain in legible letters a statement | 26 | | as 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 | 5 | | memorandum or copy
of the judgment signed by a judge or a copy | 6 | | attested by the clerk of the
court entering it and showing the | 7 | | court in which entered,
date, amount, number of the case in | 8 | | which it was entered, name of the
party in whose favor and name | 9 | | and last known address of the party
against whom entered. If | 10 | | the address of the party against whom the
judgment was entered | 11 | | is not known, the memorandum or copy of judgment
shall so | 12 | | state.
| 13 | | The term "memorandum" as used in this Section also means a | 14 | | memorandum
or copy of a child support order signed by a judge | 15 | | or a copy attested by
the clerk of the court entering it or a | 16 | | copy attested by the administrative
body entering it.
| 17 | | This Section shall not be construed as showing an intention | 18 | | of the
legislature to create a new classification of real | 19 | | estate, but shall be
construed as showing an intention of the | 20 | | legislature 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 | 25 | | than 30 days after
the date of issuance. Summons with 4 copies |
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| 1 | | of the interrogatories shall be
served and returned as in other | 2 | | civil cases. If the garnishee is served with
summons less than | 3 | | 10 days prior to the return date, the court shall continue
the | 4 | | case to a new return date 14 days after the return date stated | 5 | | on the
summons. The summons shall be in a form consistent with | 6 | | local court rules. The
summons shall be accompanied by a copy | 7 | | of the underlying judgment or a
certification by the clerk of | 8 | | the court that entered the judgment, or by the
attorney for the | 9 | | judgment creditor, setting forth the amount of the judgment,
| 10 | | the name of the court and the number of the case and one copy of | 11 | | a 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 | 26 | | the garnishee
named above for money or property (other than |
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| 1 | | wages) belonging to the
judgment debtor or in which the | 2 | | judgment debtor has an interest. The
garnishment summons was | 3 | | issued on the basis of a judgment against the
judgment debtor | 4 | | in favor of the judgment creditor in the amount stated above.
| 5 | | The amount of money or property (other than wages) that may | 6 | | be garnished
is limited by federal and Illinois law. The | 7 | | judgment debtor has the right
to assert statutory exemptions | 8 | | against certain money or property of the
judgment debtor which | 9 | | may not be used to satisfy the judgment in the amount
stated | 10 | | above.
| 11 | | Under Illinois or federal law, the exemptions of personal | 12 | | property owned
by the debtor include the debtor's equity | 13 | | interest, not to exceed $4,000
in
value, in any personal | 14 | | property as chosen by the debtor; Social Security
and SSI | 15 | | benefits; public assistance benefits; unemployment | 16 | | compensation
benefits; workers' compensation benefits; | 17 | | veterans' benefits; circuit
breaker property tax relief | 18 | | benefits; the debtor's equity interest, not to
exceed $2,400
in | 19 | | value, in any one motor vehicle, and the debtor's equity
| 20 | | interest, not to exceed $1,500
in value, in any implements, | 21 | | professional
books or tools of the trade of the debtor.
| 22 | | The judgment debtor may have other possible exemptions from | 23 | | garnishment
under the law.
| 24 | | The judgment debtor has the right to request a hearing | 25 | | before the court
to dispute the garnishment or to declare | 26 | | exempt from garnishment certain
money or property or both. To |
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| 1 | | obtain a hearing in counties with a
population of 1,000,000 or | 2 | | more, the judgment debtor must
notify the Clerk of the Court in | 3 | | person and in writing at (insert address
of Clerk) before the | 4 | | return date specified above or appear in court on the
date and | 5 | | time on that return date. To obtain a hearing in counties with | 6 | | a
population of less than 1,000,000, the judgment debtor must | 7 | | notify the
Clerk of the Court in writing at (insert address of | 8 | | Clerk) on or before the
return date specified above. The Clerk | 9 | | of the Court will provide a hearing
date and the necessary | 10 | | forms that must be prepared by the judgment debtor or
the | 11 | | attorney for the judgment debtor and sent to the judgment | 12 | | creditor and the
garnishee regarding the time and location of | 13 | | the hearing. This notice may be
sent by regular first class | 14 | | mail."
| 15 | | (b) An officer or other person authorized by law to serve | 16 | | process shall
serve the summons, interrogatories and the | 17 | | garnishment notice required by
subsection (a) of this Section | 18 | | upon the garnishee and shall, (1) within 2
business days of the | 19 | | service upon the garnishee, mail a copy of the
garnishment | 20 | | notice and the summons to the judgment debtor by first class
| 21 | | mail at the judgment debtor's address indicated in the | 22 | | garnishment notice
and (2) within 4 business days of the | 23 | | service upon the garnishee file with
the clerk of the court a | 24 | | certificate of mailing in substantially the following
form:
| 25 | | "CERTIFICATE OF MAILING
| 26 | | I hereby certify that, within 2 business days of service |
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| 1 | | upon the
garnishee of the garnishment summons, interrogatories | 2 | | and garnishment
notice, I served upon the judgment debtor in | 3 | | this cause a copy of the
garnishment summons and garnishment | 4 | | notice by first class mail to the
judgment debtor's address as | 5 | | indicated in the garnishment notice.
| 6 | | Date:............ .........................
| 7 | | Signature"
| 8 | | In the case of service of the summons for garnishment upon | 9 | | the garnishee
by certified or registered mail, as provided in | 10 | | subsection (c) of this Section,
no sooner than 2 business days | 11 | | nor later than 4 business days after the date of
mailing, the | 12 | | clerk shall mail a copy of the garnishment notice and the | 13 | | summons
to the judgment debtor by first class mail at the | 14 | | judgment debtor's address
indicated in the garnishment notice, | 15 | | shall prepare the Certificate of Mailing
described by this | 16 | | subsection, and shall include the Certificate of Mailing in a
| 17 | | permanent record.
| 18 | | (c) In a county with a population of less than 1,000,000, | 19 | | unless otherwise
provided by circuit court rule, at the request | 20 | | of the judgment creditor or his
or her attorney and instead of | 21 | | personal service, service of a summons for
garnishment may be | 22 | | made 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 |
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| 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 | 6 | | the manner provided by Supreme Court Rule for service, | 7 | | otherwise than by publication, of a notice for additional | 8 | | relief upon a party in default. | 9 | | (Source: P.A. 94-293, eff. 1-1-06.)".
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