Full Text of SB0181 101st General Assembly
SB0181enr 101ST GENERAL ASSEMBLY |
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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, 12-705, 12-706, 12-806, and 12-807 as | 6 | | follows:
| 7 | | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| 8 | | Sec. 2-1402. Citations to discover assets Supplementary | 9 | | proceedings .
| 10 | | (a) A judgment creditor, or his or her successor in | 11 | | interest when that
interest is made to appear of record, is | 12 | | entitled to prosecute citations to discover assets | 13 | | supplementary
proceedings for the purposes of examining the | 14 | | judgment debtor or any other
person to discover assets or | 15 | | income of the debtor not exempt from the
enforcement of the | 16 | | judgment, a deduction order or garnishment, and of
compelling | 17 | | the application of non-exempt assets or income discovered | 18 | | toward the
payment of the amount due under the judgment. A | 19 | | citation supplementary proceeding shall
be commenced by the | 20 | | service of a citation issued by the clerk. The procedure
for | 21 | | conducting citation supplementary proceedings shall be | 22 | | prescribed by rules. It is
not a prerequisite to the | 23 | | commencement of a supplementary proceeding that a
certified |
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| 1 | | copy of the judgment has been returned wholly or partly | 2 | | unsatisfied.
All citations issued by the clerk shall have the | 3 | | following language, or
language substantially similar thereto, | 4 | | stated prominently on the front, in
capital letters: "IF YOU | 5 | | FAIL TO APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE | 6 | | ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
| 7 | | CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN | 8 | | THE COUNTY JAIL."
The court shall not grant a continuance of | 9 | | the citation supplementary proceeding except
upon good cause | 10 | | shown.
| 11 | | (b) Any citation served upon a judgment debtor or any other | 12 | | person shall
include a certification by the attorney for the | 13 | | judgment creditor or the
judgment creditor setting forth the | 14 | | amount of the judgment, the date of the
judgment, or its | 15 | | revival date, the balance due thereon, the name of the court,
| 16 | | and the number of the case, and a copy of the citation notice | 17 | | required by this
subsection. Whenever a citation is served upon | 18 | | a person or party other than
the judgment debtor, the officer | 19 | | or person serving the citation shall send to
the judgment | 20 | | debtor, within three business days of the service upon the | 21 | | cited
party, a copy of the citation and the citation notice, | 22 | | which may be sent
by regular first-class mail to the judgment | 23 | | debtor's last known address. In no
event shall a citation | 24 | | hearing be held sooner than five business days after the
| 25 | | mailing of the citation and citation notice to the judgment | 26 | | debtor, except by
agreement of the parties. The citation notice |
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| 1 | | need not be mailed to a
corporation, partnership, or | 2 | | association. The citation notice shall be in
substantially the | 3 | | following form:
| 4 | | "CITATION NOTICE
| 5 | | (Name and address of Court)
| 6 | | Name of Case: (Name of Judgment Creditor),
| 7 | | Judgment Creditor v.
| 8 | | (Name of Judgment Debtor),
| 9 | | Judgment Debtor.
| 10 | | Address of Judgment Debtor: (Insert last known
| 11 | | address)
| 12 | | Name and address of Attorney for Judgment
| 13 | | Creditor or of Judgment Creditor (If no
| 14 | | attorney is listed): (Insert name and address)
| 15 | | Amount of Judgment: $ (Insert amount)
| 16 | | Name of Person Receiving Citation: (Insert name)
| 17 | | Court Date and Time: (Insert return date and time
| 18 | | specified in citation)
| 19 | | NOTICE: The court has issued a citation against the person | 20 | | named above. The
citation directs that person to appear in | 21 | | court to be examined for the purpose
of allowing the judgment | 22 | | creditor to discover income and assets belonging to
the | 23 | | judgment debtor or in which the judgment debtor has an | 24 | | interest. The
citation was issued on the basis of a judgment | 25 | | against the judgment debtor in
favor of the judgment creditor | 26 | | in the amount stated above. On or after the
court date stated |
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| 1 | | above, the court may compel the application of any
discovered | 2 | | income or assets toward payment on the judgment.
| 3 | | The amount of income or assets that may be applied toward | 4 | | the judgment is
limited by federal and Illinois law. The | 5 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 6 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 7 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 8 | | ABOVE:
| 9 | | (1) Under Illinois or federal law, the exemptions of | 10 | | personal property
owned by the debtor include the debtor's | 11 | | equity interest, not to exceed $4,000
in value, in any | 12 | | personal property as chosen by the debtor; Social Security | 13 | | and
SSI benefits; public assistance benefits; unemployment | 14 | | compensation benefits;
worker's compensation benefits; | 15 | | veteran's benefits; circuit breaker property
tax relief | 16 | | benefits; the debtor's equity interest, not to exceed | 17 | | $2,400 in
value, in any one motor vehicle, and the debtor's | 18 | | equity interest, not to
exceed $1,500 in value, in any | 19 | | implements, professional books, or tools of the
trade of | 20 | | the debtor.
| 21 | | (2) Under Illinois law, every person is entitled to an | 22 | | estate in
homestead, when it is owned and occupied as a | 23 | | residence, to the extent in value
of $15,000, which | 24 | | homestead is exempt from judgment.
| 25 | | (3) Under Illinois law, the amount of wages that may be | 26 | | applied toward a
judgment is limited to the lesser of (i) |
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| 1 | | 15% of gross weekly wages or (ii) the
amount by which | 2 | | disposable earnings for a week exceed the total of 45 times | 3 | | the
federal minimum hourly wage or, under a wage deduction | 4 | | summons served on or after January 1, 2006, the Illinois | 5 | | minimum hourly wage, whichever is greater.
| 6 | | (4) Under federal law, the amount of wages that may be | 7 | | applied toward a
judgment is limited to the lesser of (i) | 8 | | 25% of disposable earnings for a week
or (ii) the amount by | 9 | | which disposable earnings for a week exceed 30 times the
| 10 | | federal minimum hourly wage.
| 11 | | (5) Pension and retirement benefits and refunds may be | 12 | | claimed as exempt
under Illinois law.
| 13 | | The judgment debtor may have other possible exemptions | 14 | | under the law.
| 15 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 16 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 17 | | judgment debtor also has the right to
seek a declaration at an | 18 | | earlier date, by notifying the clerk in writing at
(insert | 19 | | address of clerk). When so notified, the Clerk of the Court | 20 | | will
obtain a prompt hearing date from the court and will
| 21 | | provide the necessary forms that must be prepared by the | 22 | | judgment debtor or the
attorney for the judgment debtor and | 23 | | sent to the judgment creditor and the
judgment creditor's | 24 | | attorney regarding the time and location of the hearing.
This | 25 | | notice may be sent by regular first class mail."
| 26 | | (b-1) Any citation served upon a judgment debtor who is a |
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| 1 | | natural person shall be served by personal service or abode | 2 | | service as provided in Supreme Court Rule 105 and shall include | 3 | | a copy of the Income and Asset Form set forth in subsection | 4 | | (b-5). | 5 | | (b-5) The Income and Asset Form required to be served by | 6 | | the judgment creditor in subsection (b-1) shall be in | 7 | | substantially the following form: | 8 | | INCOME AND ASSET FORM | 9 | | To Judgment Debtor: Please complete this form and bring | 10 | | it with you to the hearing referenced in the enclosed | 11 | | citation notice. You should also bring to the hearing any | 12 | | documents you have to support the information you provide | 13 | | in this form, such as pay stubs and account statements. The | 14 | | information you provide will help the court determine | 15 | | whether you have any property or income that can be used to | 16 | | satisfy the judgment entered against you in this matter. | 17 | | The information you provide must be accurate to the best of | 18 | | your knowledge. | 19 | | If you fail to appear at this hearing, you could be | 20 | | held in contempt of court and possibly arrested. | 21 | | In answer to the citation and supplemental proceedings | 22 | | served upon the judgment debtor, he or she answers as | 23 | | follows: | 24 | | Name:..................... |
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| 1 | | Home Phone Number:................. | 2 | | Home Address:.................... | 3 | | Date of Birth:...................... | 4 | | Marital Status:..................... | 5 | | I have.........dependents. | 6 | | Do you have a job? YES NO | 7 | | Company's name I work for:...................... | 8 | | Company's address:.............................. | 9 | | Job: | 10 | | I earn $....... per....... | 11 | | If self employed, list here your business name and | 12 | | address: | 13 | | ............................................. | 14 | | Income from self employment is $......... per | 15 | | year. | 16 | | I have the following benefits with my employer: | 17 | | ............................................. | 18 | | I do not have a job, but I support myself through: | 19 | | Government Assistance $........ per month | 20 | | Unemployment $........ per month | 21 | | Social Security $........ per month | 22 | | SSI $........ per month | 23 | | Pension $........ per month | 24 | | Other $........ per month | 25 | | Real Estate: |
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| 1 | | Do you own any real estate? YES NO | 2 | | I own real estate at.........., with names of other | 3 | | owners | 4 | | ................................................. | 5 | | Additional real estate I own: .................... | 6 | | I have a beneficial interest in a land trust. The name | 7 | | and address of the trustee is:............. The beneficial | 8 | | interest is listed in my name and ........................ | 9 | | There is a mortgage on my real estate. State the | 10 | | mortgage company's name and address for each parcel of real | 11 | | estate owned: | 12 | | ................................................. | 13 | | An assignment of beneficial interest in the land trust | 14 | | was signed to secure a loan from ......................... | 15 | | I have the following accounts: | 16 | | Checking account at ..........; | 17 | | account balance $...... | 18 | | Savings account at ..........; | 19 | | account balance $...... | 20 | | Money market or certificate of deposit at .... | 21 | | Safe deposit box at .......................... | 22 | | Other accounts (please identify): ............ | 23 | | I own: | 24 | | A vehicle (state year, make, model, and VIN): . | 25 | | Jewelry (please specify): .................... | 26 | | Other property described as:...................... |
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| 1 | | Stocks/Bonds..................... | 2 | | Personal computer................ | 3 | | DVD player....................... | 4 | | Television....................... | 5 | | Stove....................... | 6 | | Microwave....................... | 7 | | Work tools....................... | 8 | | Business equipment....................... | 9 | | Farm equipment....................... | 10 | | Other property (please specify): | 11 | | ............................................. | 12 | | Signature:.................... | 13 | | (b-10) Any action properly initiated under this Section may | 14 | | proceed notwithstanding an
absent or incomplete Income and | 15 | | Asset Form, and a judgment debtor may be examined for the | 16 | | purpose of allowing the judgment creditor to discover income | 17 | | and assets belonging to the judgment debtor or in which the | 18 | | judgment debtor has an interest. | 19 | | (c) When assets or income of the judgment debtor not exempt | 20 | | from
the satisfaction of a judgment, a deduction order or | 21 | | garnishment are
discovered, the court may, by appropriate order | 22 | | or judgment:
| 23 | | (1) Compel the judgment debtor to deliver up, to be | 24 | | applied in
satisfaction of the judgment, in whole or in | 25 | | part, money, choses in
action, property or effects in his | 26 | | or her possession or control, so discovered,
capable of |
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| 1 | | delivery and to which his or her title or right of | 2 | | possession is not
substantially disputed.
| 3 | | (2) Compel the judgment debtor to pay to the judgment | 4 | | creditor or
apply on the judgment, in installments, a | 5 | | portion of his or her income, however
or whenever earned or | 6 | | acquired, as the court may deem proper, having due
regard | 7 | | for the reasonable requirements of the judgment debtor and | 8 | | his or her
family, if dependent upon him or her, as well as | 9 | | any payments required to be
made by prior order of court or | 10 | | under wage assignments outstanding; provided
that the | 11 | | judgment debtor shall not be compelled to pay income which | 12 | | would be
considered exempt as wages under the Wage | 13 | | Deduction Statute. The court may
modify an order for | 14 | | installment payments, from time to time, upon application
| 15 | | of either party upon notice to the other.
| 16 | | (3) Compel any person cited, other than the judgment | 17 | | debtor, to
deliver up any assets so discovered, to be | 18 | | applied in satisfaction of
the judgment, in whole or in | 19 | | part, when those assets are held under such
circumstances | 20 | | that in an action by the judgment debtor he or she could | 21 | | recover
them in specie or obtain a judgment for the | 22 | | proceeds or value thereof as
for conversion or | 23 | | embezzlement. A judgment creditor may recover a corporate | 24 | | judgment debtor's property on behalf of the judgment debtor | 25 | | for use of the judgment creditor by filing an appropriate | 26 | | petition within the citation proceedings.
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| 1 | | (4) Enter any order upon or judgment against the person | 2 | | cited that
could be entered in any garnishment proceeding.
| 3 | | (5) Compel any person cited to execute an assignment of | 4 | | any chose in
action or a conveyance of title to real or | 5 | | personal property or resign memberships in exchanges, | 6 | | clubs, or other entities in the
same manner and to the same | 7 | | extent as a court could do in any proceeding
by a judgment | 8 | | creditor to enforce payment of a judgment or in aid of
the | 9 | | enforcement of a judgment.
| 10 | | (6) Authorize the judgment creditor to maintain an | 11 | | action against
any person or corporation that, it appears | 12 | | upon proof satisfactory to
the court, is indebted to the | 13 | | judgment debtor, for the recovery of the
debt, forbid the | 14 | | transfer or other disposition of the debt until an
action | 15 | | can be commenced and prosecuted to judgment, direct that | 16 | | the
papers or proof in the possession or control of the | 17 | | debtor and necessary
in the prosecution of the action be | 18 | | delivered to the creditor or
impounded in court, and | 19 | | provide for the disposition of any moneys in
excess of the | 20 | | sum required to pay the judgment creditor's judgment and
| 21 | | costs allowed by the court.
| 22 | | (c-5) If a citation is directed to a judgment debtor who is | 23 | | a natural person, no payment
order shall be entered under | 24 | | subsection (c) unless the Income and Asset Form was served upon | 25 | | the judgment debtor as required by subsection (b-1), the | 26 | | judgment debtor has had an opportunity to assert exemptions, |
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| 1 | | and the payments are from non-exempt sources. | 2 | | (d) No order or judgment shall be entered under subsection | 3 | | (c) in favor of
the judgment creditor unless there appears of | 4 | | record a certification of
mailing showing that a copy of the | 5 | | citation and a copy of the citation notice was mailed to the | 6 | | judgment debtor as required by subsection (b).
| 7 | | (d-5) If upon examination the court determines that the | 8 | | judgment debtor does not possess any non-exempt income or | 9 | | assets, then the citation shall be dismissed. | 10 | | (e) All property ordered to be delivered up shall, except | 11 | | as
otherwise provided in this Section, be delivered to the | 12 | | sheriff to be
collected by the sheriff or sold at public sale | 13 | | and the proceeds thereof
applied towards the payment of costs | 14 | | and the satisfaction of the judgment. If the judgment debtor's | 15 | | property is of such a nature that it is not readily delivered | 16 | | up to the sheriff for public sale or if another method of sale | 17 | | is more appropriate to liquidate the property or enhance its | 18 | | value at sale, the court may order the sale of such property by | 19 | | the debtor, third party respondent, or by a selling agent other | 20 | | than the sheriff upon such terms as are just and equitable. The | 21 | | proceeds of sale, after deducting reasonable and necessary | 22 | | expenses, are to be turned over to the creditor and applied to | 23 | | the balance due on the judgment.
| 24 | | (f)(1) The citation may prohibit the party to whom it is | 25 | | directed from
making or allowing any transfer or other | 26 | | disposition of, or interfering with,
any property not exempt |
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| 1 | | from the enforcement of a judgment therefrom, a
deduction order | 2 | | or garnishment, belonging to the judgment debtor or to which he
| 3 | | or she may be entitled or which may thereafter be acquired by | 4 | | or become due to
him or her, and from paying over or otherwise | 5 | | disposing of any moneys not so
exempt which are due or to | 6 | | become due to the judgment debtor, until the further
order of | 7 | | the court or the termination of the proceeding, whichever | 8 | | occurs
first. The third party may not be obliged to withhold | 9 | | the payment of any
moneys beyond double the amount of the | 10 | | balance due sought to be enforced by the
judgment creditor. The | 11 | | court may punish any party who violates the restraining
| 12 | | provision of a citation as and for a contempt, or if the party | 13 | | is a third party
may enter judgment against him or her in the | 14 | | amount of the unpaid portion of
the judgment and costs | 15 | | allowable under this Section, or in the amount of the
value of | 16 | | the property transferred, whichever is lesser.
| 17 | | (2) The court may enjoin any person, whether or not a party | 18 | | to the citation
supplementary proceeding, from making or | 19 | | allowing any transfer or other
disposition of, or interference | 20 | | with, the property of the judgment
debtor not exempt from the | 21 | | enforcement of a judgment, a deduction order or
garnishment, or | 22 | | the property or debt not so exempt concerning which any
person | 23 | | is required to attend and be examined until further direction | 24 | | in the
premises. The injunction order shall remain in effect | 25 | | until vacated by the
court or until the proceeding is | 26 | | terminated, whichever first occurs.
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| 1 | | (g) If it appears that any property, chose in action, | 2 | | credit or
effect discovered, or any interest therein, is | 3 | | claimed by any person, the court
shall, as in garnishment | 4 | | proceedings, permit or require the claimant to appear
and | 5 | | maintain his or her right. The rights of the person cited
and | 6 | | the rights of any adverse claimant shall be asserted and | 7 | | determined
pursuant to the law relating to garnishment | 8 | | proceedings.
| 9 | | (h) Costs in proceedings authorized by this Section shall | 10 | | be
allowed, assessed and paid in accordance with rules, | 11 | | provided that if the
court determines, in its discretion, that | 12 | | costs incurred by the judgment
creditor were improperly | 13 | | incurred, those costs shall be paid by the judgment
creditor.
| 14 | | (i) This Section is in addition to and does not affect
| 15 | | enforcement of judgments or citation proceedings supplementary | 16 | | thereto, by any other
methods now or hereafter provided by law.
| 17 | | (j) This Section does not grant the power to any court to | 18 | | order
installment or other payments from, or compel the sale, | 19 | | delivery,
surrender, assignment or conveyance of any property | 20 | | exempt by statute
from the enforcement of a judgment thereon, a | 21 | | deduction order, garnishment,
attachment, sequestration, | 22 | | process or other levy or seizure.
| 23 | | (k) (Blank).
| 24 | | (k-3) The court may enter any order upon or judgment | 25 | | against the respondent cited that could be entered in any | 26 | | garnishment proceeding under Part 7 of Article XII of this |
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| 1 | | Code. This subsection (k-3) shall be construed as being | 2 | | declarative of existing law and not as a new enactment. | 3 | | (k-5) If the court determines that any property held by a | 4 | | third party respondent is wages pursuant to Section 12-801, the | 5 | | court shall proceed as if a wage deduction proceeding had been | 6 | | filed and proceed to enter such necessary and proper orders as | 7 | | would have been entered in a wage deduction proceeding | 8 | | including but not limited to the granting of the statutory | 9 | | exemptions allowed by Section 12-803 and all other remedies | 10 | | allowed plaintiff and defendant pursuant to Part 8 of Article | 11 | | 12 of this Act.
| 12 | | (k-10) If a creditor discovers personal property of the | 13 | | judgment debtor that is subject to the lien of a citation to | 14 | | discover assets, the creditor may have the court impress a lien | 15 | | against a specific item of personal property, including a | 16 | | beneficial interest in a land trust. The lien survives the | 17 | | termination of the citation proceedings and remains as a lien | 18 | | against the personal property in the same manner that a | 19 | | judgment lien recorded against real property pursuant to | 20 | | Section 12-101 remains a lien on real property. If the judgment | 21 | | is revived before dormancy, the lien shall remain. A lien | 22 | | against personal property may, but need not, be recorded in the | 23 | | office of the recorder or filed as an informational filing | 24 | | pursuant to the Uniform Commercial Code. | 25 | | (l) At any citation hearing at which the judgment debtor | 26 | | appears and seeks
a declaration that certain of his or her |
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| 1 | | income or assets are exempt, the court
shall proceed to | 2 | | determine whether the property which the judgment debtor
| 3 | | declares to be exempt is exempt from judgment. At any time | 4 | | before the return
date specified on the citation, the judgment | 5 | | debtor may request, in writing, a
hearing to declare exempt | 6 | | certain income and assets by notifying the clerk of
the court | 7 | | before that time, using forms as may be provided by the clerk | 8 | | of the
court. The clerk of the court will obtain a prompt | 9 | | hearing date from the
court and will provide 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, or the judgment creditor's attorney, regarding the | 13 | | time and
location of the hearing. This notice may be sent by | 14 | | regular first class mail.
At the hearing, the court shall | 15 | | immediately, unless for good cause shown that
the hearing is to | 16 | | be continued, shall proceed to determine whether the property
| 17 | | which the judgment debtor declares to be exempt is exempt from | 18 | | judgment. The
restraining provisions of subsection (f) shall | 19 | | not apply to any property
determined by the court to be exempt.
| 20 | | (m) The judgment or balance due on the judgment becomes a | 21 | | lien when a
citation is served in accordance with subsection | 22 | | (a) of this Section. The lien
binds nonexempt personal | 23 | | property, including money, choses in action, and
effects of the | 24 | | judgment debtor as follows:
| 25 | | (1) When the citation is directed against the judgment | 26 | | debtor, upon all
personal property belonging to the |
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| 1 | | judgment debtor in the possession or control
of the | 2 | | judgment debtor or which may thereafter be acquired or come | 3 | | due to the
judgment debtor to the time of the disposition | 4 | | of the citation.
| 5 | | (2) When the citation is directed against a third | 6 | | party, upon all personal
property belonging to the judgment | 7 | | debtor in the possession or control of the
third party or | 8 | | which thereafter may be acquired or come due the judgment | 9 | | debtor
and comes into the possession or control of the | 10 | | third party to the time of the
disposition of the citation.
| 11 | | The lien established under this Section does not affect the | 12 | | rights of
citation respondents in property prior to the service | 13 | | of the citation upon them
and does not affect the rights of | 14 | | bona fide purchasers or lenders without
notice of the citation. | 15 | | The lien is effective for the period specified by
Supreme Court | 16 | | Rule.
| 17 | | This subsection (m), as added by Public Act 88-48, is a | 18 | | declaration of
existing law.
| 19 | | (n) If any provision of this Act or its application to any | 20 | | person or
circumstance is held invalid, the invalidity of that | 21 | | provision or application
does not affect the provisions or | 22 | | applications of the Act that can be given
effect without the | 23 | | invalid provision or application.
| 24 | | (o) The changes to this Section made by this amendatory Act | 25 | | of the 97th General Assembly apply only to citation | 26 | | supplementary proceedings commenced under this Section on or |
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| 1 | | after the effective date of this amendatory Act of the 97th | 2 | | General Assembly. The requirements or limitations set forth in | 3 | | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply | 4 | | to the enforcement of any order or judgment resulting from an | 5 | | adjudication of a municipal ordinance violation that is subject | 6 | | to Supreme Court Rules 570 through 579, or from an | 7 | | administrative adjudication of such an ordinance violation. | 8 | | (Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12; | 9 | | 98-557, eff. 1-1-14.)
| 10 | | (735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| 11 | | Sec. 12-705. Summons.
| 12 | | (a) Summons shall be returnable not less than 21 nor more | 13 | | than 40 30 days after
the date of issuance. Summons with one | 14 | | copy 4 copies of the interrogatories shall be
served and | 15 | | returned as in other civil cases. If the garnishee is served | 16 | | with
summons less than 10 days prior to the return date, the | 17 | | court shall continue
the case to a new return date 14 days | 18 | | after the return date stated on the
summons. The summons shall | 19 | | be in a form consistent with local court rules. The
summons | 20 | | shall be accompanied by a copy of the underlying judgment or a
| 21 | | certification by the clerk of the court that entered the | 22 | | judgment, or by the
attorney for the judgment creditor, setting | 23 | | forth the amount of the judgment,
the name of the court and the | 24 | | number of the case and one copy of a garnishment
notice in | 25 | | substantially the following form:
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| 1 | | "GARNISHMENT 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 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 Garnishee: (Insert name)
| 13 | | Return Date: (Insert return date specified in summons)
| 14 | | NOTICE: The court has issued a garnishment summons against | 15 | | the garnishee
named above for money or property (other than | 16 | | wages) belonging to the
judgment debtor or in which the | 17 | | judgment debtor has an interest. The
garnishment summons was | 18 | | issued on the basis of a judgment against the
judgment debtor | 19 | | in favor of the judgment creditor in the amount stated above.
| 20 | | The amount of money or property (other than wages) that may | 21 | | be garnished
is limited by federal and Illinois law. The | 22 | | judgment debtor has the right
to assert statutory exemptions | 23 | | against certain money or property of the
judgment debtor which | 24 | | may not be used to satisfy the judgment in the amount
stated | 25 | | above.
| 26 | | Under Illinois or federal law, the exemptions of personal |
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| 1 | | property owned
by the debtor include the debtor's equity | 2 | | interest, not to exceed $4,000
in
value, in any personal | 3 | | property as chosen by the debtor; Social Security
and SSI | 4 | | benefits; public assistance benefits; unemployment | 5 | | compensation
benefits; workers' compensation benefits; | 6 | | veterans' benefits; circuit
breaker property tax relief | 7 | | benefits; the debtor's equity interest, not to
exceed $2,400
in | 8 | | value, in any one motor vehicle, and the debtor's equity
| 9 | | interest, not to exceed $1,500
in value, in any implements, | 10 | | professional
books or tools of the trade of the debtor.
| 11 | | The judgment debtor may have other possible exemptions from | 12 | | garnishment
under the law.
| 13 | | The judgment debtor has the right to request a hearing | 14 | | before the court
to dispute the garnishment or to declare | 15 | | exempt from garnishment certain
money or property or both. To | 16 | | obtain a hearing in counties with a
population of 1,000,000 or | 17 | | more, the judgment debtor must
notify the Clerk of the Court in | 18 | | person and in writing at (insert address
of Clerk) before the | 19 | | return date specified above or appear in court on the
date and | 20 | | time on that return date. To obtain a hearing in counties with | 21 | | a
population of less than 1,000,000, the judgment debtor must | 22 | | notify the
Clerk of the Court in writing at (insert address of | 23 | | Clerk) on or before the
return date specified above. The Clerk | 24 | | of the Court will provide a hearing
date and the necessary | 25 | | forms that must be prepared by the judgment debtor or
the | 26 | | attorney for the judgment debtor and sent to the judgment |
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| 1 | | creditor and the
garnishee regarding the time and location of | 2 | | the hearing. This notice may be
sent by regular first class | 3 | | mail."
| 4 | | (b) An officer or other person authorized by law to serve | 5 | | process shall
serve the summons, interrogatories and the | 6 | | garnishment notice required by
subsection (a) of this Section | 7 | | upon the garnishee and shall, (1) within 2
business days of the | 8 | | service upon the garnishee, mail a copy of the
garnishment | 9 | | notice and the summons to the judgment debtor by first class
| 10 | | mail at the judgment debtor's address indicated in the | 11 | | garnishment notice
and (2) within 4 business days of the | 12 | | service upon the garnishee file with
the clerk of the court a | 13 | | certificate of mailing in substantially the following
form:
| 14 | | "CERTIFICATE OF MAILING
| 15 | | I hereby certify that, within 2 business days of service | 16 | | upon the
garnishee of the garnishment summons, interrogatories | 17 | | and garnishment
notice, I served upon the judgment debtor in | 18 | | this cause a copy of the
garnishment summons and garnishment | 19 | | notice by first class mail to the
judgment debtor's address as | 20 | | indicated in the garnishment notice.
| 21 | | Date:............ .........................
| 22 | | Signature"
| 23 | | In the case of service of the summons for garnishment upon | 24 | | the garnishee
by certified or registered mail, as provided in | 25 | | subsection (c) of this Section,
no sooner than 2 business days | 26 | | nor later than 4 business days after the date of
mailing, the |
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| 1 | | clerk shall mail a copy of the garnishment notice and the | 2 | | summons
to the judgment debtor by first class mail at the | 3 | | judgment debtor's address
indicated in the garnishment notice, | 4 | | shall prepare the Certificate of Mailing
described by this | 5 | | subsection, and shall include the Certificate of Mailing in a
| 6 | | permanent record.
| 7 | | (c) In a county with a population of less than 1,000,000, | 8 | | unless otherwise
provided by circuit court rule, at the request | 9 | | of the judgment creditor or his
or her attorney and instead of | 10 | | personal service, service of a summons for
garnishment may be | 11 | | made as follows:
| 12 | | (1) For each garnishee to be served, the judgment | 13 | | creditor or his or her
attorney shall pay to the clerk of | 14 | | the court a fee of $2, plus the cost of
mailing, and | 15 | | furnish to the clerk an original and 2 copies of a summons, | 16 | | an
original and one copy of the interrogatories, an | 17 | | affidavit setting forth the
garnishee's mailing address, | 18 | | an original and 2 copies of the garnishment
notice required | 19 | | by subsection (a) of this Section, and a copy of the | 20 | | judgment
or certification described in subsection (a) of | 21 | | this Section. The original
judgment shall be retained by | 22 | | the clerk.
| 23 | | (2) The clerk shall mail to the garnishee, at the | 24 | | address appearing in the
affidavit, the copy of the | 25 | | judgment or certification described in subsection
(a) of | 26 | | this Section, the summons, the interrogatories, and the |
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| 1 | | garnishment
notice required by subsection (a) of this | 2 | | Section, by certified or registered
mail, return receipt | 3 | | requested, showing to whom delivered and the date and
| 4 | | address of delivery. This Mailing shall be mailed on a | 5 | | "restricted delivery"
basis when service is directed to a | 6 | | natural person. The envelope and return
receipt shall bear | 7 | | the return address of the clerk, and the return receipt
| 8 | | shall be stamped with the docket number of the case. The | 9 | | receipt for certified
or registered mail shall state the | 10 | | name and address of the addressee, the date
of the mailing, | 11 | | shall identify the documents mailed, and shall be attached | 12 | | to
the original summons.
| 13 | | (3) The return receipt must be attached to the original | 14 | | summons and, if it
shows delivery at least 10 days before | 15 | | the day for the return date, shall
constitute proof of | 16 | | service of any documents identified on the return receipt
| 17 | | as having been mailed.
| 18 | | (4) The clerk shall note the fact of service in a | 19 | | permanent record.
| 20 | | (d) The garnishment summons may be served and returned in | 21 | | the manner provided by Supreme Court Rule for service, | 22 | | otherwise than by publication, of a notice for additional | 23 | | relief upon a party in default. | 24 | | (Source: P.A. 98-557, eff. 1-1-14; 99-78, eff. 7-20-15.)
| 25 | | (735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
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| 1 | | Sec. 12-706. Conditional judgment. (a) When any person | 2 | | summoned as garnishee fails to appear and answer
as required by | 3 | | Part 7 of Article XII
of this Act, the court may enter a | 4 | | conditional judgment
against the garnishee for the amount due | 5 | | upon the judgment against the
judgment debtor. A summons to | 6 | | confirm the conditional judgment may issue
against the | 7 | | garnishee, to be served and returned in the same manner as | 8 | | provided by Illinois Supreme Court Rule 105, otherwise than by | 9 | | publication, of a notice for additional relief upon a party in | 10 | | default returnable in the same manner as provided in
Section | 11 | | 12-705 of this Act , commanding the garnishee to show cause why | 12 | | the
judgment should not be made final. If the garnishee, after | 13 | | being served
with summons to confirm the conditional judgment | 14 | | or after being notified
as provided in subsection (b) hereof, | 15 | | fails to appear and answer, the
court shall confirm such | 16 | | judgment to the amount of the judgment against
the judgment | 17 | | debtor and award costs. If the garnishee appears and
answers, | 18 | | the same proceedings may be had as in other cases.
| 19 | | (b) If any garnishee becomes a non-resident, goes out of | 20 | | this State,
or is concealed within this State so that the | 21 | | summons to confirm the
conditional judgment cannot be served | 22 | | upon him or her, upon the filing by the
plaintiff or his or her | 23 | | agent of an affidavit as in cases of non-resident
defendants in | 24 | | attachments, the garnishee may be notified in the same
manner | 25 | | as a non-resident defendant in attachment; and upon notice | 26 | | being
given to him or her as above stated, he or she may be |
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| 1 | | proceeded against in the same
manner as if he or she had been | 2 | | personally served with summons to confirm the
conditional | 3 | | judgment.
| 4 | | (Source: P.A. 83-707.)
| 5 | | (735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
| 6 | | Sec. 12-806. Service and return of summons. Summons shall | 7 | | be returnable
not less than 21 nor more than 40 days after the | 8 | | date of
issuance. Summons
with one copy 4 copies of the | 9 | | interrogatories and one copy of the judgment or
certification | 10 | | and one copy of the wage deduction notice specified in
Section | 11 | | 12-805 of this Act shall be served on the employer and returned | 12 | | as
in other civil cases as provided by Illinois Supreme Court | 13 | | Rule 105 for service, otherwise than by publication, of a | 14 | | notice for additional relief upon a party in default .
| 15 | | If the employer is served with summons less than 3 days | 16 | | prior to
the
return date, the court shall continue the case to | 17 | | a new return date not
less than 21 days after the service of | 18 | | the summons.
| 19 | | (Source: P.A. 90-677, eff. 1-1-99.)
| 20 | | (735 ILCS 5/12-807) (from Ch. 110, par. 12-807)
| 21 | | Sec. 12-807. Failure of employer to appear. (a) If an | 22 | | employer fails
to appear and answer as required by Part 8 of | 23 | | Article XII of this Act, the
court may enter a conditional | 24 | | judgment against the
employer for the amount due upon the |
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| 1 | | judgment against the judgment
debtor. A summons to confirm the | 2 | | conditional judgment may issue against
the employer returnable | 3 | | not less than 21 nor more than 40 30 days after the
date of | 4 | | issuance, commanding the employer to show cause why the | 5 | | judgment
should not be made final. Service of the summons after | 6 | | conditional judgment shall be as provided by Supreme Court Rule | 7 | | 105 for service, otherwise than by publication, of a notice for | 8 | | additional relief upon a party in default. If the employer, | 9 | | after being served with
summons to confirm the conditional | 10 | | judgment or after being notified as
provided in subsection (b) | 11 | | hereof, fails to appear and answer, the court
shall confirm | 12 | | such judgment to the amount of the judgment against the
| 13 | | judgment debtor and award costs. If the employer appears and
| 14 | | answers, the same proceedings may be had as in other cases.
| 15 | | (b) If an employer becomes a non-resident, goes out of this | 16 | | State,
or is concealed within this State so that the summons to | 17 | | confirm the
conditional judgment cannot be served upon him or | 18 | | her, upon the filing by the
plaintiff or his or her agent of an | 19 | | affidavit as in cases of non-resident
defendants in | 20 | | attachments, the employer may be notified in the same
manner as | 21 | | a non-resident defendant in attachment; and upon notice being
| 22 | | given to him or her as above stated, he or she may be proceeded | 23 | | against in
the same manner as if he or she had been personally | 24 | | served with summons to
confirm the conditional judgment.
| 25 | | (Source: P.A. 86-603.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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