Full Text of HB0845 98th General Assembly
HB0845 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0845 Introduced 1/25/2013, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 735 ILCS 5/12-910 | from Ch. 110, par. 12-910 |
|
Amends the Code of Civil Procedure. Makes a technical change in provisions
concerning proceedings to enforce judgments.
|
| |
| | A BILL FOR |
|
| | | HB0845 | | LRB098 03687 HEP 33703 b |
|
| 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 Section 12-910 as follows:
| 6 | | (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| 7 | | Sec. 12-910. Proceedings to enforce judgment. If in the
the | 8 | | opinion of the
judgment creditors, or the officer holding a | 9 | | certified copy of a judgment
for enforcement against such | 10 | | individuals, the premises claimed by him or her
as exempt are | 11 | | worth more than $15,000, such officer shall summon
3 | 12 | | individuals,
as commissioners, who shall, upon oath, to be | 13 | | administered
to them by the officer, appraise the premises, and | 14 | | if, in their opinion,
the property may be divided without | 15 | | damage to the interest of the
parties, they shall set off so | 16 | | much of the premises, including the dwelling
house, as in their | 17 | | opinion is worth $15,000, and the
residue of the premises may | 18 | | be advertised and sold by such officer. Each
commissioner shall | 19 | | receive for his or her services the sum of $5 per day
for each | 20 | | day necessarily engaged in such service. The officer summoning | 21 | | such
commissioners shall receive such fees as may be allowed | 22 | | for serving
summons, but shall be entitled to charge mileage | 23 | | for only the actual
distance traveled from the premises to be |
| | | HB0845 | - 2 - | LRB098 03687 HEP 33703 b |
|
| 1 | | appraised, to the residence of
the commissioners summoned. The | 2 | | officer shall not be required
to summon commissioners until the | 3 | | judgment creditor, or some one for him
or her, shall advance to | 4 | | the officer one day's fees for the commissioners,
and unless | 5 | | the creditor shall advance such fees the officer shall not be
| 6 | | required to enforce the judgment. The costs of such | 7 | | appraisement shall not
be taxed against the judgment debtor | 8 | | unless such appraisement
shows that the judgment debtor has | 9 | | property subject to such judgment. | 10 | | (Source: P.A. 94-293, eff. 1-1-06.)
|
|