Full Text of SB2845 99th General Assembly
SB2845 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB2845 Introduced 2/17/2016, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-1402 | from Ch. 110, par. 2-1402 | 735 ILCS 5/2-1602 | | 735 ILCS 5/4-107 | from Ch. 110, par. 4-107 | 735 ILCS 5/12-183 | from Ch. 110, par. 12-183 | 735 ILCS 5/12-170 rep. | | 735 ILCS 5/12-171 rep. | | 735 ILCS 5/12-172 rep. | | 735 ILCS 5/12-173 rep. | | 735 ILCS 5/12-174 rep. | | 735 ILCS 5/12-175 rep. | |
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Amends the Code of Civil Procedure. In the Section concerning supplementary proceedings, deletes references to the Income and Asset Form. Provides that a judgment may be revived by filing a petition to revive the judgment, serving the petition, and entering an order for revival (instead of "by filing a petition to revive the judgment") at specified times. Provides that after (instead of "before") the entry of an order for
attachment, the court shall
take bond that meets specified requirements. Deletes language providing that upon the filing of a release or satisfaction in full satisfaction
of judgment, signed by the party in whose favor the judgment was entered
or his or her attorney, the court shall vacate the judgment, and dismiss
the action. Repeals Sections concerning: levy upon corporate stock; mode of levy on corporate stock; mode of sale of corporate stock; certificate of corporate officer; rights of stock purchaser; and right to dividends.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-1402, 2-1602, 4-107, and 12-183 as follows:
| 6 | | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| 7 | | Sec. 2-1402. Supplementary proceedings.
| 8 | | (a) A judgment creditor, or his or her successor in | 9 | | interest when that
interest is made to appear of record, is | 10 | | entitled to prosecute supplementary
proceedings for the | 11 | | purposes of examining the judgment debtor or any other
person | 12 | | to discover assets or income of the debtor not exempt from the
| 13 | | enforcement of the judgment, a deduction order or garnishment, | 14 | | and of
compelling the application of non-exempt assets or | 15 | | income discovered toward the
payment of the amount due under | 16 | | the judgment. A supplementary proceeding shall
be commenced by | 17 | | the service of a citation issued by the clerk. The procedure
| 18 | | for conducting supplementary proceedings shall be prescribed | 19 | | by rules. It is
not a prerequisite to the commencement of a | 20 | | supplementary proceeding that a
certified copy of the judgment | 21 | | has been returned wholly or partly unsatisfied.
All citations | 22 | | issued by the clerk shall have the following language, or
| 23 | | language substantially similar thereto, stated prominently on |
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| 1 | | the front, in
capital letters: "IF YOU FAIL TO APPEAR IN COURT | 2 | | AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT | 3 | | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | 4 | | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
| 5 | | The court shall not grant a continuance of the supplementary | 6 | | proceeding except
upon good cause shown.
| 7 | | (b) Any citation served upon a judgment debtor or any other | 8 | | person shall
include a certification by the attorney for the | 9 | | judgment creditor or the
judgment creditor setting forth the | 10 | | amount of the judgment, the date of the
judgment, or its | 11 | | revival date, the balance due thereon, the name of the court,
| 12 | | and the number of the case, and a copy of the citation notice | 13 | | required by this
subsection. Whenever a citation is served upon | 14 | | a person or party other than
the judgment debtor, the officer | 15 | | or person serving the citation shall send to
the judgment | 16 | | debtor, within three business days of the service upon the | 17 | | cited
party, a copy of the citation and the citation notice, | 18 | | which may be sent
by regular first-class mail to the judgment | 19 | | debtor's last known address. In no
event shall a citation | 20 | | hearing be held sooner than five business days after the
| 21 | | mailing of the citation and citation notice to the judgment | 22 | | debtor, except by
agreement of the parties. The citation notice | 23 | | need not be mailed to a
corporation, partnership, or | 24 | | association. The citation notice shall be in
substantially the | 25 | | following form:
| 26 | | "CITATION NOTICE
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| 1 | | (Name and address of Court)
| 2 | | Name of Case: (Name of Judgment Creditor),
| 3 | | Judgment Creditor v.
| 4 | | (Name of Judgment Debtor),
| 5 | | Judgment Debtor.
| 6 | | Address of Judgment Debtor: (Insert last known
| 7 | | address)
| 8 | | Name and address of Attorney for Judgment
| 9 | | Creditor or of Judgment Creditor (If no
| 10 | | attorney is listed): (Insert name and address)
| 11 | | Amount of Judgment: $ (Insert amount)
| 12 | | Name of Person Receiving Citation: (Insert name)
| 13 | | Court Date and Time: (Insert return date and time
| 14 | | specified in citation)
| 15 | | NOTICE: The court has issued a citation against the person | 16 | | named above. The
citation directs that person to appear in | 17 | | court to be examined for the purpose
of allowing the judgment | 18 | | creditor to discover income and assets belonging to
the | 19 | | judgment debtor or in which the judgment debtor has an | 20 | | interest. The
citation was issued on the basis of a judgment | 21 | | against the judgment debtor in
favor of the judgment creditor | 22 | | in the amount stated above. On or after the
court date stated | 23 | | above, the court may compel the application of any
discovered | 24 | | income or assets toward payment on the judgment.
| 25 | | The amount of income or assets that may be applied toward | 26 | | the judgment is
limited by federal and Illinois law. The |
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| 1 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 2 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 3 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 4 | | ABOVE:
| 5 | | (1) Under Illinois or federal law, the exemptions of | 6 | | personal property
owned by the debtor include the debtor's | 7 | | equity interest, not to exceed $4,000
in value, in any | 8 | | personal property as chosen by the debtor; Social Security | 9 | | and
SSI benefits; public assistance benefits; unemployment | 10 | | compensation benefits;
worker's compensation benefits; | 11 | | veteran's benefits; circuit breaker property
tax relief | 12 | | benefits; the debtor's equity interest, not to exceed | 13 | | $2,400 in
value, in any one motor vehicle, and the debtor's | 14 | | equity interest, not to
exceed $1,500 in value, in any | 15 | | implements, professional books, or tools of the
trade of | 16 | | the debtor.
| 17 | | (2) Under Illinois law, every person is entitled to an | 18 | | estate in
homestead, when it is owned and occupied as a | 19 | | residence, to the extent in value
of $15,000, which | 20 | | homestead is exempt from judgment.
| 21 | | (3) Under Illinois law, the amount of wages that may be | 22 | | applied toward a
judgment is limited to the lesser of (i) | 23 | | 15% of gross weekly wages or (ii) the
amount by which | 24 | | disposable earnings for a week exceed the total of 45 times | 25 | | the
federal minimum hourly wage or, under a wage deduction | 26 | | summons served on or after January 1, 2006, the Illinois |
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| 1 | | minimum hourly wage, whichever is greater.
| 2 | | (4) Under federal law, the amount of wages that may be | 3 | | applied toward a
judgment is limited to the lesser of (i) | 4 | | 25% of disposable earnings for a week
or (ii) the amount by | 5 | | which disposable earnings for a week exceed 30 times the
| 6 | | federal minimum hourly wage.
| 7 | | (5) Pension and retirement benefits and refunds may be | 8 | | claimed as exempt
under Illinois law.
| 9 | | The judgment debtor may have other possible exemptions | 10 | | under the law.
| 11 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 12 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 13 | | judgment debtor also has the right to
seek a declaration at an | 14 | | earlier date, by notifying the clerk in writing at
(insert | 15 | | address of clerk). When so notified, the Clerk of the Court | 16 | | will
obtain a prompt hearing date from the court and will
| 17 | | provide the necessary forms that must be prepared by the | 18 | | judgment debtor or the
attorney for the judgment debtor and | 19 | | sent to the judgment creditor and the
judgment creditor's | 20 | | attorney regarding the time and location of the hearing.
This | 21 | | notice may be sent by regular first class mail."
| 22 | | (b-1) Any citation served upon a judgment debtor who is a | 23 | | natural person shall be served by personal service or abode | 24 | | service as provided in Supreme Court Rule 105 and shall include | 25 | | a copy of the Income and Asset Form set forth in subsection | 26 | | (b-5) . |
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| 1 | | (b-5) (Blank). The Income and Asset Form required to be | 2 | | served by the judgment creditor in subsection (b-1) shall be in | 3 | | substantially the following form: | 4 | | INCOME AND ASSET FORM | 5 | | To Judgment Debtor: Please complete this form and bring | 6 | | it with you to the hearing referenced in the enclosed | 7 | | citation notice. You should also bring to the hearing any | 8 | | documents you have to support the information you provide | 9 | | in this form, such as pay stubs and account statements. The | 10 | | information you provide will help the court determine | 11 | | whether you have any property or income that can be used to | 12 | | satisfy the judgment entered against you in this matter. | 13 | | The information you provide must be accurate to the best of | 14 | | your knowledge. | 15 | | If you fail to appear at this hearing, you could be | 16 | | held in contempt of court and possibly arrested. | 17 | | In answer to the citation and supplemental proceedings | 18 | | served upon the judgment debtor, he or she answers as | 19 | | follows: | 20 | | Name:..................... | 21 | | Home Phone Number:................. | 22 | | Home Address:.................... | 23 | | Date of Birth:...................... | 24 | | Marital Status:..................... |
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| 1 | | I have.........dependents. | 2 | | Do you have a job? YES NO | 3 | | Company's name I work for:...................... | 4 | | Company's address:.............................. | 5 | | Job: | 6 | | I earn $....... per....... | 7 | | If self employed, list here your business name and | 8 | | address: | 9 | | ............................................................. | 10 | | Income from self employment is $......... per | 11 | | year. | 12 | | I have the following benefits with my employer: | 13 | | ............................................................. | 14 | | I do not have a job, but I support myself through: | 15 | | Government Assistance $........ per month | 16 | | Unemployment $........ per month | 17 | | Social Security $........ per month | 18 | | SSI $........ per month | 19 | | Pension $........ per month | 20 | | Other $........ per month | 21 | | Real Estate: | 22 | | Do you own any real estate? YES NO | 23 | | I own real estate at.........., with names of other | 24 | | owners | 25 | | ............................................................. |
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| 1 | | Additional real estate I own: ........................ | 2 | | I have a beneficial interest in a land trust. The name | 3 | | and address of the trustee is:............. The beneficial | 4 | | interest is listed in my name and ............................ | 5 | | There is a mortgage on my real estate. State the | 6 | | mortgage company's name and address for each parcel of real | 7 | | estate owned: | 8 | | ............................................................. | 9 | | An assignment of beneficial interest in the land trust | 10 | | was signed to secure a loan from ............................. | 11 | | I have the following accounts: | 12 | | Checking account at ..........; | 13 | | account balance $...... | 14 | | Savings account at ..........; | 15 | | account balance $...... | 16 | | Money market or certificate of deposit at ........ | 17 | | Safe deposit box at .............................. | 18 | | Other accounts (please identify): ................ | 19 | | I own: | 20 | | A vehicle (state year, make, model, and VIN): .... | 21 | | Jewelry (please specify): ........................ | 22 | | Other property described as:...................... | 23 | | Stocks/Bonds..................... | 24 | | Personal computer................ | 25 | | DVD player....................... | 26 | | Television....................... |
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| 1 | | Stove....................... | 2 | | Microwave....................... | 3 | | Work tools....................... | 4 | | Business equipment....................... | 5 | | Farm equipment....................... | 6 | | Other property (please specify): | 7 | | ............................................................. | 8 | | Signature:.................... | 9 | | (b-10) Any action properly initiated under this Section may | 10 | | proceed notwithstanding an
absent or incomplete Income and | 11 | | Asset Form, and a judgment debtor may be examined for the | 12 | | purpose of allowing the judgment creditor to discover income | 13 | | and assets belonging to the judgment debtor or in which the | 14 | | judgment debtor has an interest. | 15 | | (c) When assets or income of the judgment debtor not exempt | 16 | | from
the satisfaction of a judgment, a deduction order or | 17 | | garnishment are
discovered, the court may, by appropriate order | 18 | | or judgment:
| 19 | | (1) Compel the judgment debtor to deliver up, to be | 20 | | applied in
satisfaction of the judgment, in whole or in | 21 | | part, money, choses in
action, property or effects in his | 22 | | or her possession or control, so discovered,
capable of | 23 | | delivery and to which his or her title or right of | 24 | | possession is not
substantially disputed.
| 25 | | (2) Compel the judgment debtor to pay to the judgment | 26 | | creditor or
apply on the judgment, in installments, a |
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| 1 | | portion of his or her income, however
or whenever earned or | 2 | | acquired, as the court may deem proper, having due
regard | 3 | | for the reasonable requirements of the judgment debtor and | 4 | | his or her
family, if dependent upon him or her, as well as | 5 | | any payments required to be
made by prior order of court or | 6 | | under wage assignments outstanding; provided
that the | 7 | | judgment debtor shall not be compelled to pay income which | 8 | | would be
considered exempt as wages under the Wage | 9 | | Deduction Statute. The court may
modify an order for | 10 | | installment payments, from time to time, upon application
| 11 | | of either party upon notice to the other.
| 12 | | (3) Compel any person cited, other than the judgment | 13 | | debtor, to
deliver up any assets so discovered, to be | 14 | | applied in satisfaction of
the judgment, in whole or in | 15 | | part, when those assets are held under such
circumstances | 16 | | that in an action by the judgment debtor he or she could | 17 | | recover
them in specie or obtain a judgment for the | 18 | | proceeds or value thereof as
for conversion or | 19 | | embezzlement. A judgment creditor may recover a corporate | 20 | | judgment debtor's property on behalf of the judgment debtor | 21 | | for use of the judgment creditor by filing an appropriate | 22 | | petition within the citation proceedings.
| 23 | | (4) Enter any order upon or judgment against the person | 24 | | cited that
could be entered in any garnishment proceeding.
| 25 | | (5) Compel any person cited to execute an assignment of | 26 | | any chose in
action or a conveyance of title to real or |
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| 1 | | personal property or resign memberships in exchanges, | 2 | | clubs, or other entities in the
same manner and to the same | 3 | | extent as a court could do in any proceeding
by a judgment | 4 | | creditor to enforce payment of a judgment or in aid of
the | 5 | | enforcement of a judgment.
| 6 | | (6) Authorize the judgment creditor to maintain an | 7 | | action against
any person or corporation that, it appears | 8 | | upon proof satisfactory to
the court, is indebted to the | 9 | | judgment debtor, for the recovery of the
debt, forbid the | 10 | | transfer or other disposition of the debt until an
action | 11 | | can be commenced and prosecuted to judgment, direct that | 12 | | the
papers or proof in the possession or control of the | 13 | | debtor and necessary
in the prosecution of the action be | 14 | | delivered to the creditor or
impounded in court, and | 15 | | provide for the disposition of any moneys in
excess of the | 16 | | sum required to pay the judgment creditor's judgment and
| 17 | | costs allowed by the court.
| 18 | | (c-5) If a citation is directed to a judgment debtor who is | 19 | | a natural person, no payment
order shall be entered under | 20 | | subsection (c) unless the Income and Asset Form was served upon | 21 | | the judgment debtor as required by subsection (b-1), the | 22 | | judgment debtor has had an opportunity to assert exemptions , | 23 | | and the payments are from non-exempt sources. | 24 | | (d) No order or judgment shall be entered under subsection | 25 | | (c) in favor of
the judgment creditor unless there appears of | 26 | | record a certification of
mailing showing that a copy of the |
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| 1 | | citation and a copy of the citation notice was mailed to the | 2 | | judgment debtor as required by subsection (b).
| 3 | | (d-5) If upon examination the court determines that the | 4 | | judgment debtor does not possess any non-exempt income or | 5 | | assets, then the citation shall be dismissed. | 6 | | (e) All property ordered to be delivered up shall, except | 7 | | as
otherwise provided in this Section, be delivered to the | 8 | | sheriff to be
collected by the sheriff or sold at public sale | 9 | | and the proceeds thereof
applied towards the payment of costs | 10 | | and the satisfaction of the judgment. If the judgment debtor's | 11 | | property is of such a nature that it is not readily delivered | 12 | | up to the sheriff for public sale or if another method of sale | 13 | | is more appropriate to liquidate the property or enhance its | 14 | | value at sale, the court may order the sale of such property by | 15 | | the debtor, third party respondent, or by a selling agent other | 16 | | than the sheriff upon such terms as are just and equitable. The | 17 | | proceeds of sale, after deducting reasonable and necessary | 18 | | expenses, are to be turned over to the creditor and applied to | 19 | | the balance due on the judgment.
| 20 | | (f)(1) The citation may prohibit the party to whom it is | 21 | | directed from
making or allowing any transfer or other | 22 | | disposition of, or interfering with,
any property not exempt | 23 | | from the enforcement of a judgment therefrom, a
deduction order | 24 | | or garnishment, belonging to the judgment debtor or to which he
| 25 | | or she may be entitled or which may thereafter be acquired by | 26 | | or become due to
him or her, and from paying over or otherwise |
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| 1 | | disposing of any moneys not so
exempt which are due or to | 2 | | become due to the judgment debtor, until the further
order of | 3 | | the court or the termination of the proceeding, whichever | 4 | | occurs
first. The third party may not be obliged to withhold | 5 | | the payment of any
moneys beyond double the amount of the | 6 | | balance due sought to be enforced by the
judgment creditor. The | 7 | | court may punish any party who violates the restraining
| 8 | | provision of a citation as and for a contempt, or if the party | 9 | | is a third party
may enter judgment against him or her in the | 10 | | amount of the unpaid portion of
the judgment and costs | 11 | | allowable under this Section, or in the amount of the
value of | 12 | | the property transferred, whichever is lesser.
| 13 | | (2) The court may enjoin any person, whether or not a party | 14 | | to the
supplementary proceeding, from making or allowing any | 15 | | transfer or other
disposition of, or interference with, the | 16 | | property of the judgment
debtor not exempt from the enforcement | 17 | | of a judgment, a deduction order or
garnishment, or the | 18 | | property or debt not so exempt concerning which any
person is | 19 | | required to attend and be examined until further direction in | 20 | | the
premises. The injunction order shall remain in effect until | 21 | | vacated by the
court or until the proceeding is terminated, | 22 | | whichever first occurs.
| 23 | | (g) If it appears that any property, chose in action, | 24 | | credit or
effect discovered, or any interest therein, is | 25 | | claimed by any person, the court
shall, as in garnishment | 26 | | proceedings, permit or require the claimant to appear
and |
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| 1 | | maintain his or her right. The rights of the person cited
and | 2 | | the rights of any adverse claimant shall be asserted and | 3 | | determined
pursuant to the law relating to garnishment | 4 | | proceedings.
| 5 | | (h) Costs in proceedings authorized by this Section shall | 6 | | be
allowed, assessed and paid in accordance with rules, | 7 | | provided that if the
court determines, in its discretion, that | 8 | | costs incurred by the judgment
creditor were improperly | 9 | | incurred, those costs shall be paid by the judgment
creditor.
| 10 | | (i) This Section is in addition to and does not affect
| 11 | | enforcement of judgments or proceedings supplementary thereto, | 12 | | by any other
methods now or hereafter provided by law.
| 13 | | (j) This Section does not grant the power to any court to | 14 | | order
installment or other payments from, or compel the sale, | 15 | | delivery,
surrender, assignment or conveyance of any property | 16 | | exempt by statute
from the enforcement of a judgment thereon, a | 17 | | deduction order, garnishment,
attachment, sequestration, | 18 | | process or other levy or seizure.
| 19 | | (k) (Blank).
| 20 | | (k-3) The court may enter any order upon or judgment | 21 | | against the respondent cited that could be entered in any | 22 | | garnishment proceeding under Part 7 of Article XII of this | 23 | | Code. This subsection (k-3) shall be construed as being | 24 | | declarative of existing law and not as a new enactment. | 25 | | (k-5) If the court determines that any property held by a | 26 | | third party respondent is wages pursuant to Section 12-801, the |
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| 1 | | court shall proceed as if a wage deduction proceeding had been | 2 | | filed and proceed to enter such necessary and proper orders as | 3 | | would have been entered in a wage deduction proceeding | 4 | | including but not limited to the granting of the statutory | 5 | | exemptions allowed by Section 12-803 and all other remedies | 6 | | allowed plaintiff and defendant pursuant to Part 8 of Article | 7 | | 12 of this Act.
| 8 | | (k-10) If a creditor discovers personal property of the | 9 | | judgment debtor that is subject to the lien of a citation to | 10 | | discover assets, the creditor may have the court impress a lien | 11 | | against a specific item of personal property, including a | 12 | | beneficial interest in a land trust. The lien survives the | 13 | | termination of the citation proceedings and remains as a lien | 14 | | against the personal property in the same manner that a | 15 | | judgment lien recorded against real property pursuant to | 16 | | Section 12-101 remains a lien on real property. If the judgment | 17 | | is revived before dormancy, the lien shall remain. A lien | 18 | | against personal property may, but need not, be recorded in the | 19 | | office of the recorder or filed as an informational filing | 20 | | pursuant to the Uniform Commercial Code. | 21 | | (l) At any citation hearing at which the judgment debtor | 22 | | appears and seeks
a declaration that certain of his or her | 23 | | income or assets are exempt, the court
shall proceed to | 24 | | determine whether the property which the judgment debtor
| 25 | | declares to be exempt is exempt from judgment. At any time | 26 | | before the return
date specified on the citation, the judgment |
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| 1 | | debtor may request, in writing, a
hearing to declare exempt | 2 | | certain income and assets by notifying the clerk of
the court | 3 | | before that time, using forms as may be provided by the clerk | 4 | | of the
court. The clerk of the court will obtain a prompt | 5 | | hearing date from the
court and will provide the necessary | 6 | | forms that must be prepared by the
judgment debtor or the | 7 | | attorney for the judgment debtor and sent to the
judgment | 8 | | creditor, or the judgment creditor's attorney, regarding the | 9 | | time and
location of the hearing. This notice may be sent by | 10 | | regular first class mail.
At the hearing, the court shall | 11 | | immediately, unless for good cause shown that
the hearing is to | 12 | | be continued, shall proceed to determine whether the property
| 13 | | which the judgment debtor declares to be exempt is exempt from | 14 | | judgment. The
restraining provisions of subsection (f) shall | 15 | | not apply to any property
determined by the court to be exempt.
| 16 | | (m) The judgment or balance due on the judgment becomes a | 17 | | lien when a
citation is served in accordance with subsection | 18 | | (a) of this Section. The lien
binds nonexempt personal | 19 | | property, including money, choses in action, and
effects of the | 20 | | judgment debtor as follows:
| 21 | | (1) When the citation is directed against the judgment | 22 | | debtor, upon all
personal property belonging to the | 23 | | judgment debtor in the possession or control
of the | 24 | | judgment debtor or which may thereafter be acquired or come | 25 | | due to the
judgment debtor to the time of the disposition | 26 | | of the citation.
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| 1 | | (2) When the citation is directed against a third | 2 | | party, upon all personal
property belonging to the judgment | 3 | | debtor in the possession or control of the
third party or | 4 | | which thereafter may be acquired or come due the judgment | 5 | | debtor
and comes into the possession or control of the | 6 | | third party to the time of the
disposition of the citation.
| 7 | | The lien established under this Section does not affect the | 8 | | rights of
citation respondents in property prior to the service | 9 | | of the citation upon them
and does not affect the rights of | 10 | | bona fide purchasers or lenders without
notice of the citation. | 11 | | The lien is effective for the period specified by
Supreme Court | 12 | | Rule.
| 13 | | This subsection (m), as added by Public Act 88-48, is a | 14 | | declaration of
existing law.
| 15 | | (n) If any provision of this Act or its application to any | 16 | | person or
circumstance is held invalid, the invalidity of that | 17 | | provision or application
does not affect the provisions or | 18 | | applications of the Act that can be given
effect without the | 19 | | invalid provision or application.
| 20 | | (o) The changes to this Section made by this amendatory Act | 21 | | of the 97th General Assembly apply only to supplementary | 22 | | proceedings commenced under this Section on or after the | 23 | | effective date of this amendatory Act of the 97th General | 24 | | Assembly. The requirements or limitations set forth in | 25 | | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply | 26 | | to the enforcement of any order or judgment resulting from an |
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| 1 | | adjudication of a municipal ordinance violation that is subject | 2 | | to Supreme Court Rules 570 through 579, or from an | 3 | | administrative adjudication of such an ordinance violation. | 4 | | (Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12; | 5 | | 98-557, eff. 1-1-14.)
| 6 | | (735 ILCS 5/2-1602)
| 7 | | Sec. 2-1602. Revival of judgment.
| 8 | | (a) A judgment may be revived by filing a petition to | 9 | | revive the judgment , serving the petition, and entering an | 10 | | order for revival in the seventh year after its
entry, or in | 11 | | the seventh year after its last revival, or in the twentieth | 12 | | year after its entry, or at any other
time within 20 years | 13 | | after its entry if the judgment becomes dormant. The provisions | 14 | | of this amendatory Act of the 96th General Assembly are | 15 | | declarative of existing law.
| 16 | | (b) A petition to revive a judgment shall be filed in the | 17 | | original
case in which the judgment was entered. The petition | 18 | | shall include a
statement as to the original date and amount of | 19 | | the judgment, court
costs expended, accrued interest, and | 20 | | credits to the judgment, if any.
| 21 | | (c) Service of notice of the petition to revive a judgment | 22 | | shall
be made in accordance with Supreme Court Rule 106.
| 23 | | (d) An order reviving a judgment shall be for the original | 24 | | amount
of the judgment. The plaintiff may recover interest and | 25 | | court costs from
the date of the original judgment. Credits to |
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| 1 | | the judgment shall be
reflected by the plaintiff in | 2 | | supplemental proceedings or execution.
| 3 | | (e) If a judgment debtor has filed for protection under the | 4 | | United
States Bankruptcy Code and failed to successfully | 5 | | adjudicate and remove
a lien filed by a judgment creditor, then | 6 | | the judgment may be revived
only as to the property to which a | 7 | | lien attached before the filing of
the bankruptcy action.
| 8 | | (f) A judgment may be revived as to fewer than all judgment
| 9 | | debtors, and such order for revival of judgment shall be final,
| 10 | | appealable, and enforceable.
| 11 | | (g) This Section does not apply to a child support judgment | 12 | | or to a judgment
recovered in an action for damages for an | 13 | | injury described in Section 13-214.1,
which
need not be revived | 14 | | as provided in this Section and which may be enforced at
any | 15 | | time as
provided in Section 12-108.
| 16 | | (h) If a judgment becomes dormant during the pendency of an | 17 | | enforcement proceeding against wages under Part 14 of this | 18 | | Article or under Article XII, the enforcement may continue to | 19 | | conclusion without revival of the underlying judgment so long | 20 | | as the enforcement is done under court supervision and includes | 21 | | a wage deduction order or turn over order and is against an | 22 | | employer, garnishee, or other third party respondent. | 23 | | (Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
| 24 | | (735 ILCS 5/4-107) (from Ch. 110, par. 4-107)
| 25 | | Sec. 4-107. Bond. After Before the entry of an order for
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| 1 | | attachment, as hereinabove stated, the court shall
take bond | 2 | | and sufficient security, payable to the People of the State of
| 3 | | Illinois, for the use of the person or persons interested in | 4 | | the
property attached, in double the sum sworn to be due, | 5 | | conditioned for
satisfying all costs which may be awarded to | 6 | | such defendant, or to any
others interested in the proceedings, | 7 | | and all damages and costs which
shall be recovered against the | 8 | | plaintiff, for wrongfully obtaining the
attachment order, | 9 | | which bond, with affidavit of the party complaining, or
his, | 10 | | her or its
agent or attorney, shall be filed in the court | 11 | | entering
the order for attachment. Every order for attachment | 12 | | entered
without a bond and affidavit
taken, is hereby declared | 13 | | illegal and void, and shall be dismissed.
Nothing herein | 14 | | contained shall be construed to
require the State of Illinois, | 15 | | or any Department of Government thereof,
or any State officer, | 16 | | to file a bond as plaintiff in any proceeding
instituted under | 17 | | Part 1 of Article IV of this Act.
| 18 | | (Source: P.A. 83-707.)
| 19 | | (735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
| 20 | | Sec. 12-183. Release of judgment.
| 21 | | (a) Every judgment creditor, his or
her assignee of record | 22 | | or other legal representative having received full
| 23 | | satisfaction or payment of all such sums of money as are really | 24 | | due to him
or her from the judgment debtor on any judgment | 25 | | rendered in a court shall,
at the request of the judgment |
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| 1 | | debtor or his or her legal representative,
execute and deliver | 2 | | to the judgment debtor or his or her legal representative
an | 3 | | instrument in writing releasing such judgment.
| 4 | | (b) If the judgment creditor, his or her assigns of record | 5 | | or other legal
representative to whom tender has been made of | 6 | | all sums of money due him
or her from the judgment debtor | 7 | | including interest, on any judgment entered
by a court, | 8 | | wilfully fails or refuses, at the request of the judgment | 9 | | debtor
or his or her legal representative to execute and | 10 | | deliver to the judgment
debtor or his or her legal | 11 | | representative an instrument in writing releasing
such | 12 | | judgment, the judgment debtor may petition the court in which | 13 | | such
judgment is of record, making tender therewith to the | 14 | | court of all sums
due in principal and interest on such | 15 | | judgment, for the use of the
judgment creditor, his or her | 16 | | executors, administrators or assigns, whereupon
the court | 17 | | shall enter an order satisfying the judgment and releasing all
| 18 | | liens based on such judgment.
| 19 | | (c) For the recording of assignment of any judgment the | 20 | | clerk of the
court in which such judgment is of record is | 21 | | allowed a fee of $2.
| 22 | | (d) A satisfaction of a judgment may be delivered to the | 23 | | judgment debtor,
his or her attorney or to the clerk of the | 24 | | court in which such judgment is of
record.
| 25 | | (e) The clerk shall not be allowed any fee for recording | 26 | | the satisfaction
of judgment. The clerk of the court shall make |
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| 1 | | appropriate notation on the
judgment docket of the book and | 2 | | page where any release or assignment of
any judgment is | 3 | | recorded.
| 4 | | (f) No judgment shall be released of record except by an | 5 | | instrument in
writing recorded in the court in which such | 6 | | judgment is of record. However,
nothing contained in this | 7 | | Section affects in any manner the validity of
any release of | 8 | | judgment made, prior to January 1, 1952, in judgment and
| 9 | | execution dockets by the judgment creditor, his or her | 10 | | attorney, assignee
or other legal representative.
| 11 | | (g) The writ of audita querela is abolished and all relief | 12 | | heretofore
obtainable and grounds for such relief heretofore | 13 | | available, whether by the
writ of audita querela or otherwise, | 14 | | shall be available in every case by
petition hereunder, | 15 | | regardless of the nature of the order or judgment from
which | 16 | | relief is sought or of the proceeding in which it was entered. | 17 | | There
shall be no distinction between actions and other | 18 | | proceedings, statutory or
otherwise, as to availability of | 19 | | relief, grounds for relief or relief
obtainable. The petition | 20 | | shall be filed in the same proceeding in which the
order or | 21 | | judgment was entered and shall be supported by affidavit or | 22 | | other
appropriate showing as to matters not of record. All | 23 | | parties to the
petition shall be notified as provided by rule.
| 24 | | (h) (Blank). Upon the filing of a release or satisfaction | 25 | | in full satisfaction
of judgment, signed by the party in whose | 26 | | favor the judgment was entered
or his or her attorney, the |
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| 1 | | court shall vacate the judgment, and dismiss
the action.
| 2 | | (i) Any judgment arising out of an order for support shall | 3 | | not be a
judgment to the extent of payments made as evidenced | 4 | | by the records of the
Clerk of the Circuit Court or State | 5 | | agency receiving payments pursuant to
the order. In the event | 6 | | payments made pursuant to that order are not paid
to the Clerk | 7 | | of the Circuit Court or a State agency, then any judgment
| 8 | | arising out of each order for support may be released in the | 9 | | following manner:
| 10 | | (1) A Notice of Filing and an affidavit stating that | 11 | | all installments
of child support required to be paid | 12 | | pursuant to the order under which the
judgment or judgments | 13 | | were entered have been paid shall be filed with the
office | 14 | | of the court or agency entering said order for support, | 15 | | together
with proof of service of such notice and affidavit | 16 | | upon the recipient of such
payments.
| 17 | | (2) Service of such affidavit shall be by any means | 18 | | authorized under
Sections 2-203 and 2-208 of the Code of | 19 | | Civil Procedure or under Supreme
Court Rules 11 or 105(b).
| 20 | | (3) The Notice of Filing shall set forth the name and | 21 | | address of the
judgment debtor and the judgment creditor, | 22 | | the court file number of the order
giving rise to the | 23 | | judgment and, in capital letters, the following statement:
| 24 | | YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
| 25 | | ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK OF | 26 | | THE CIRCUIT COURT
OF ....
COUNTY, ILLINOIS, WHOSE ADDRESS |
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| 1 | | IS ........, ILLINOIS. IF, WITHIN 28 DAYS
OF THE DATE OF | 2 | | THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
| 3 | | SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE | 4 | | ABOVE OFFICE, THE
SAID JUDGMENTS WILL BE DEEMED TO BE | 5 | | SATISFIED AND NOT ENFORCEABLE. THE
SATISFACTION WILL NOT | 6 | | PREVENT YOU FROM ENFORCING THE ORDER FOR SUPPORT THROUGH
| 7 | | THE COURT.
| 8 | | (4) If no affidavit objecting to the satisfaction of | 9 | | the judgment or
judgments is filed within 28 days of the | 10 | | Notice described in paragraph (3)
of this subsection (i), | 11 | | such judgment or judgments shall be deemed to be
satisfied | 12 | | and not enforceable.
| 13 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 14 | | (735 ILCS 5/12-170 rep.)
| 15 | | (735 ILCS 5/12-171 rep.)
| 16 | | (735 ILCS 5/12-172 rep.)
| 17 | | (735 ILCS 5/12-173 rep.)
| 18 | | (735 ILCS 5/12-174 rep.)
| 19 | | (735 ILCS 5/12-175 rep.)
| 20 | | Section 10. The Code of Civil Procedure is amended by | 21 | | repealing Sections 12-170, 12-171, 12-172, 12-173, 12-174, and | 22 | | 12-175.
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