Full Text of SB3785 096th General Assembly
SB3785 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3785
Introduced 2/11/2010, by Sen. Toi W. Hutchinson SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1402 |
from Ch. 110, par. 2-1402 |
735 ILCS 5/12-901 | from Ch. 110, par. 12-901 |
735 ILCS 5/12-904 | from Ch. 110, par. 12-904 |
735 ILCS 5/12-906 | from Ch. 110, par. 12-906 |
735 ILCS 5/12-909 | from Ch. 110, par. 12-909 |
735 ILCS 5/12-910 | from Ch. 110, par. 12-910 |
735 ILCS 5/12-911 | from Ch. 110, par. 12-911 |
735 ILCS 5/12-912 | from Ch. 110, par. 12-912 |
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Amends the Code of Civil Procedure. Increases the allowable amount of an estate of homestead property used as a residence from $15,000 to $30,000 for an individual and from $30,000 to $60,000 for 2 or more individuals, except that for an individual 65 years of age or older the allowable amount of an estate of homestead property used as a residence increases from $15,000 to $45,000.
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A BILL FOR
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SB3785 |
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LRB096 20506 AJO 36185 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by | 5 |
| changing Sections
2-1402, 12-901, 12-904, 12-906, 12-909, | 6 |
| 12-910, 12-911, and 12-912 as
follows:
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| (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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| Sec. 2-1402. Supplementary proceedings.
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| (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
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| 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 | 17 |
| the judgment. A supplementary proceeding shall
be commenced by | 18 |
| the service of a citation issued by the clerk. The procedure
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| for conducting supplementary proceedings shall be prescribed | 20 |
| by rules. It is
not a prerequisite to the commencement of a | 21 |
| supplementary proceeding that a
certified copy of the judgment | 22 |
| has been returned wholly or partly unsatisfied.
All citations | 23 |
| issued by the clerk shall have the following language, or
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| language substantially similar thereto, stated prominently on | 2 |
| the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | 3 |
| AS HEREIN DIRECTED MAY CAUSE
YOU TO BE ARRESTED AND BROUGHT | 4 |
| BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | 5 |
| WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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| The court shall not grant a continuance of the supplementary | 7 |
| proceeding except
upon good cause shown.
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| (b) Any citation served upon a judgment debtor or any other | 9 |
| person shall
include a certification by the attorney for the | 10 |
| judgment creditor or the
judgment creditor setting forth the | 11 |
| amount of the judgment, the date of the
judgment, or its | 12 |
| revival date, the balance due thereon, the name of the court,
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| and the number of the case, and a copy of the citation notice | 14 |
| required by this
subsection. Whenever a citation is served upon | 15 |
| a person or party other than
the judgment debtor, the officer | 16 |
| or person serving the citation shall send to
the judgment | 17 |
| debtor, within three business days of the service upon the | 18 |
| cited
party, a copy of the citation and the citation notice, | 19 |
| which may be sent
by regular first-class mail to the judgment | 20 |
| debtor's last known address. In no
event shall a citation | 21 |
| hearing be held sooner than five business days after the
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| mailing of the citation and citation notice to the judgment | 23 |
| debtor, except by
agreement of the parties. The citation notice | 24 |
| need not be mailed to a
corporation, partnership, or | 25 |
| association. The citation notice shall be in
substantially the | 26 |
| following form:
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| "CITATION NOTICE
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| (Name and address of Court)
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| Name of Case: (Name of Judgment Creditor),
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| Judgment Creditor v.
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| (Name of Judgment Debtor),
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| Judgment Debtor.
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| Address of Judgment Debtor: (Insert last known
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| address)
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| Name and address of Attorney for Judgment
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| Creditor or of Judgment Creditor (If no
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| attorney is listed): (Insert name and address)
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| Amount of Judgment: $ (Insert amount)
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| Name of Person Receiving Citation: (Insert name)
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| Court Date and Time: (Insert return date and time
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| specified in citation)
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| NOTICE: The court has issued a citation against the person | 17 |
| named above. The
citation directs that person to appear in | 18 |
| court to be examined for the purpose
of allowing the judgment | 19 |
| creditor to discover income and assets belonging to
the | 20 |
| judgment debtor or in which the judgment debtor has an | 21 |
| interest. The
citation was issued on the basis of a judgment | 22 |
| against the judgment debtor in
favor of the judgment creditor | 23 |
| in the amount stated above. On or after the
court date stated | 24 |
| above, the court may compel the application of any
discovered | 25 |
| income or assets toward payment on the judgment.
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| The amount of income or assets that may be applied toward |
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| the judgment is
limited by federal and Illinois law. The | 2 |
| JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 3 |
| AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | 4 |
| MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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| ABOVE:
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| (1) Under Illinois or federal law, the exemptions of | 7 |
| personal property
owned by the debtor include the debtor's | 8 |
| equity interest, not to exceed $4,000
in value, in any | 9 |
| personal property as chosen by the debtor; Social Security | 10 |
| and
SSI benefits; public assistance benefits; unemployment | 11 |
| compensation benefits;
worker's compensation benefits; | 12 |
| veteran's benefits; circuit breaker property
tax relief | 13 |
| benefits; the debtor's equity interest, not to exceed | 14 |
| $2,400 in
value, in any one motor vehicle, and the debtor's | 15 |
| equity interest, not to
exceed $1,500 in value, in any | 16 |
| implements, professional books, or tools of the
trade of | 17 |
| the debtor.
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| (2) Under Illinois law, every person is entitled to an | 19 |
| estate in
homestead, when it is owned and occupied as a | 20 |
| residence, to the extent in value
of $30,000 or $45,000 if | 21 |
| the person is age 65 or older $15,000 , which homestead is | 22 |
| exempt from judgment.
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| (3) Under Illinois law, the amount of wages that may be | 24 |
| applied toward a
judgment is limited to the lesser of (i) | 25 |
| 15% of gross weekly wages or (ii) the
amount by which | 26 |
| disposable earnings for a week exceed the total of 45 times |
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| the
federal minimum hourly wage or, under a wage deduction | 2 |
| summons served on or after January 1, 2006, the Illinois | 3 |
| minimum hourly wage, whichever is greater.
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| (4) Under federal law, the amount of wages that may be | 5 |
| applied toward a
judgment is limited to the lesser of (i) | 6 |
| 25% of disposable earnings for a week
or (ii) the amount by | 7 |
| which disposable earnings for a week exceed 30 times the
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| federal minimum hourly wage.
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| (5) Pension and retirement benefits and refunds may be | 10 |
| claimed as exempt
under Illinois law.
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| The judgment debtor may have other possible exemptions | 12 |
| under the law.
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| THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 14 |
| TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 15 |
| judgment debtor also has the right to
seek a declaration at an | 16 |
| earlier date, by notifying the clerk in writing at
(insert | 17 |
| address of clerk). When so notified, the Clerk of the Court | 18 |
| will
obtain a prompt hearing date from the court and will
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| provide the necessary forms that must be prepared by the | 20 |
| judgment debtor or the
attorney for the judgment debtor and | 21 |
| sent to the judgment creditor and the
judgment creditor's | 22 |
| attorney regarding the time and location of the hearing.
This | 23 |
| notice may be sent by regular first class mail."
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| (c) When assets or income of the judgment debtor not exempt | 25 |
| from
the satisfaction of a judgment, a deduction order or | 26 |
| garnishment are
discovered, the court may, by appropriate order |
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| or judgment:
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| (1) Compel the judgment debtor to deliver up, to be | 3 |
| applied in
satisfaction of the judgment, in whole or in | 4 |
| part, money, choses in
action, property or effects in his | 5 |
| or her possession or control, so discovered,
capable of | 6 |
| delivery and to which his or her title or right of | 7 |
| possession is not
substantially disputed.
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| (2) Compel the judgment debtor to pay to the judgment | 9 |
| creditor or
apply on the judgment, in installments, a | 10 |
| portion of his or her income, however
or whenever earned or | 11 |
| acquired, as the court may deem proper, having due
regard | 12 |
| for the reasonable requirements of the judgment debtor and | 13 |
| his or her
family, if dependent upon him or her, as well as | 14 |
| any payments required to be
made by prior order of court or | 15 |
| under wage assignments outstanding; provided
that the | 16 |
| judgment debtor shall not be compelled to pay income which | 17 |
| would be
considered exempt as wages under the Wage | 18 |
| Deduction Statute. The court may
modify an order for | 19 |
| installment payments, from time to time, upon application
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| of either party upon notice to the other.
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| (3) Compel any person cited, other than the judgment | 22 |
| debtor, to
deliver up any assets so discovered, to be | 23 |
| applied in satisfaction of
the judgment, in whole or in | 24 |
| part, when those assets are held under such
circumstances | 25 |
| that in an action by the judgment debtor he or she could | 26 |
| recover
them in specie or obtain a judgment for the |
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| proceeds or value thereof as
for conversion or | 2 |
| embezzlement. A judgment creditor may recover a corporate | 3 |
| judgment debtor's property on behalf of the judgment debtor | 4 |
| for use of the judgment creditor by filing an appropriate | 5 |
| petition within the citation proceedings.
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| (4) Enter any order upon or judgment against the person | 7 |
| cited that
could be entered in any garnishment proceeding.
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| (5) Compel any person cited to execute an assignment of | 9 |
| any chose in
action or a conveyance of title to real or | 10 |
| personal property or resign memberships in exchanges, | 11 |
| clubs, or other entities in the
same manner and to the same | 12 |
| extent as a court could do in any proceeding
by a judgment | 13 |
| creditor to enforce payment of a judgment or in aid of
the | 14 |
| enforcement of a judgment.
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| (6) Authorize the judgment creditor to maintain an | 16 |
| action against
any person or corporation that, it appears | 17 |
| upon proof satisfactory to
the court, is indebted to the | 18 |
| judgment debtor, for the recovery of the
debt, forbid the | 19 |
| transfer or other disposition of the debt until an
action | 20 |
| can be commenced and prosecuted to judgment, direct that | 21 |
| the
papers or proof in the possession or control of the | 22 |
| debtor and necessary
in the prosecution of the action be | 23 |
| delivered to the creditor or
impounded in court, and | 24 |
| provide for the disposition of any moneys in
excess of the | 25 |
| sum required to pay the judgment creditor's judgment and
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| costs allowed by the court.
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| (d) No order or judgment shall be entered under subsection | 2 |
| (c) in favor of
the judgment creditor unless there appears of | 3 |
| record a certification of
mailing showing that a copy of the | 4 |
| citation and a copy of the citation notice
was mailed to the | 5 |
| judgment debtor as required by subsection (b).
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| (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.
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| (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 | 23 |
| exempt from the enforcement of a judgment therefrom, a
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| deduction order or garnishment, belonging to the judgment | 25 |
| debtor or to which he
or she may be entitled or which may | 26 |
| thereafter be acquired by or become due to
him or her, and |
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| from paying over or otherwise disposing of any moneys not | 2 |
| so
exempt which are due or to become due to the judgment | 3 |
| debtor, until the further
order of the court or the | 4 |
| termination of the proceeding, whichever occurs
first. The | 5 |
| third party may not be obliged to withhold the payment of | 6 |
| any
moneys beyond double the amount of the balance due | 7 |
| sought to be enforced by the
judgment creditor. The court | 8 |
| may punish any party who violates the restraining
provision | 9 |
| of a citation as and for a contempt, or if the party is a | 10 |
| third party
may enter judgment against him or her in the | 11 |
| amount of the unpaid portion of
the judgment and costs | 12 |
| allowable under this Section, or in the amount of the
value | 13 |
| of the property transferred, whichever is lesser.
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| (2) The court may enjoin any person, whether or not a | 15 |
| party to the
supplementary proceeding, from making or | 16 |
| allowing any transfer or other
disposition of, or | 17 |
| interference with, the property of the judgment
debtor not | 18 |
| exempt from the enforcement of a judgment, a deduction | 19 |
| order or
garnishment, or the property or debt not so exempt | 20 |
| concerning which any
person is required to attend and be | 21 |
| examined until further direction in the
premises. The | 22 |
| injunction order shall remain in effect until vacated by | 23 |
| the
court or until the proceeding is terminated, whichever | 24 |
| first occurs.
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| (g) If it appears that any property, chose in action, | 26 |
| credit or
effect discovered, or any interest therein, is |
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| claimed by any person, the court
shall, as in garnishment | 2 |
| proceedings, permit or require the claimant to appear
and | 3 |
| maintain his or her right. The rights of the person cited
and | 4 |
| the rights of any adverse claimant shall be asserted and | 5 |
| determined
pursuant to the law relating to garnishment | 6 |
| proceedings.
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| (h) Costs in proceedings authorized by this Section shall | 8 |
| be
allowed, assessed and paid in accordance with rules, | 9 |
| provided that if the
court determines, in its discretion, that | 10 |
| costs incurred by the judgment
creditor were improperly | 11 |
| incurred, those costs shall be paid by the judgment
creditor.
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| (i) This Section is in addition to and does not affect
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| enforcement of judgments or proceedings supplementary thereto, | 14 |
| by any other
methods now or hereafter provided by law.
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| (j) This Section does not grant the power to any court to | 16 |
| order
installment or other payments from, or compel the sale, | 17 |
| delivery,
surrender, assignment or conveyance of any property | 18 |
| exempt by statute
from the enforcement of a judgment thereon, a | 19 |
| deduction order, garnishment,
attachment, sequestration, | 20 |
| process or other levy or seizure.
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| (k) (Blank).
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| (k-5) If the court determines that any property held by a | 23 |
| third party respondent is wages pursuant to Section 12-801, the | 24 |
| court shall proceed as if a wage deduction proceeding had been | 25 |
| filed and proceed to enter such necessary and proper orders as | 26 |
| would have been entered in a wage deduction proceeding |
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| including but not limited to the granting of the statutory | 2 |
| exemptions allowed by Section 12-803 and all other remedies | 3 |
| allowed plaintiff and defendant pursuant to Part 8 of Article | 4 |
| 12 of this Act.
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| (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
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| 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
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| 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.
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| (m) The judgment or balance due on the judgment becomes a |
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| 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:
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| (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.
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| (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.
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| 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.
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| This subsection (m), as added by Public Act 88-48, is a | 24 |
| declaration of
existing law.
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| (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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| 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.
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| (Source: P.A. 94-293, eff. 1-1-06; 94-306, eff. 1-1-06; 95-331, | 5 |
| eff. 8-21-07; 95-661, eff. 1-1-08.)
| 6 |
| (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
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| Sec. 12-901. Amount. Every individual
is entitled to an | 8 |
| estate of
homestead to the extent in value of $30,000 $15,000 | 9 |
| of his or her
interest in
a farm or lot of land and
buildings | 10 |
| thereon, a condominium, or personal property,
owned or rightly | 11 |
| possessed by lease or otherwise
and occupied by him or her as a | 12 |
| residence, or in a cooperative that owns
property that the | 13 |
| individual uses as a residence. This estate of homestead shall | 14 |
| be increased to $45,000 if the individual is age 65 or older. | 15 |
| That
homestead and all
right in and title to that homestead is | 16 |
| exempt from
attachment, judgment, levy,
or judgment sale for | 17 |
| the payment of his or her debts or other purposes and
from the | 18 |
| laws of conveyance, descent, and legacy, except as provided in | 19 |
| this
Code or in Section 20-6 of
the Probate Act of
1975. This
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| Section is not
applicable
between joint tenants or tenants in | 21 |
| common but it is applicable as to any
creditors of those | 22 |
| persons.
If 2 or more individuals own property that is exempt | 23 |
| as a homestead, the
value of the exemption of each individual | 24 |
| may not exceed his or her
proportionate share of $60,000 | 25 |
| $30,000 based upon percentage of
ownership.
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| (Source: P.A. 94-293, eff. 1-1-06.)
| 2 |
| (735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
| 3 |
| Sec. 12-904. Release, waiver or conveyance. No release, | 4 |
| waiver or conveyance of the estate so exempted shall be
valid, | 5 |
| unless the same is in writing, signed by the individual
and his
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| or her spouse, if he or she have one, or possession is | 7 |
| abandoned or
given pursuant to the conveyance; or if the | 8 |
| exception is continued to a
child or children without the order | 9 |
| of a court directing a release
thereof; but if a conveyance is | 10 |
| made by an individual
as grantor to his
or her spouse, such | 11 |
| conveyance shall be effectual to pass the title
expressed | 12 |
| therein to be conveyed thereby, whether or not the grantor in
| 13 |
| such conveyance is joined therein by his or her spouse.
In any | 14 |
| case
where such release, waiver or conveyance is taken by way | 15 |
| of
mortgage or security, the same shall only be operative as to | 16 |
| such
specific release, waiver or conveyance; and when the same | 17 |
| includes
different pieces of land, or the homestead is of | 18 |
| greater value than $30,000 or $45,000 for a person age 65 or | 19 |
| older
$15,000 , the other lands shall first be sold before | 20 |
| resorting to
the
homestead, and in case of the sale of such | 21 |
| homestead, if any balance
remains after the payment of the debt | 22 |
| and costs, such balance
shall, to the extent of $30,000 or | 23 |
| $45,000 for a person age 65 or older $15,000 be exempt, and be | 24 |
| applied upon
such
homestead exemption in the manner provided by | 25 |
| law.
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| (Source: P.A. 94-293, eff. 1-1-06.)
| 2 |
| (735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
| 3 |
| Sec. 12-906. Proceeds of sale. When a homestead is conveyed | 4 |
| by the owner
thereof, such
conveyance shall not subject the | 5 |
| premises to any lien or incumbrance to
which it would not be | 6 |
| subject in the possession of such owner; and the
proceeds | 7 |
| thereof, to the extent of the amount of $30,000 or $45,000 for | 8 |
| a person age 65 or older $15,000 , shall
be
exempt from judgment | 9 |
| or other process, for one year after the receipt
thereof, by | 10 |
| the person entitled to the exemption, and if reinvested in a
| 11 |
| homestead the same shall be entitled to the same exemption as | 12 |
| the
original homestead.
| 13 |
| (Source: P.A. 94-293, eff. 1-1-06.)
| 14 |
| (735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
| 15 |
| Sec. 12-909. Bid for less than exempted amount. No sale | 16 |
| shall be made
of the premises on such judgment
unless a greater | 17 |
| sum than $30,000 or $45,000 for a person age 65 or older | 18 |
| $15,000 is bid therefor. If a
greater sum is not so bid, the | 19 |
| judgment may be set aside or modified, or
the enforcement of | 20 |
| the judgment released, as for lack of property.
| 21 |
| (Source: P.A. 94-293, eff. 1-1-06.)
| 22 |
| (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| 23 |
| Sec. 12-910. Proceedings to enforce judgment. If in the |
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| opinion of the
judgment creditors, or the officer holding a | 2 |
| certified copy of a judgment
for enforcement against such | 3 |
| individuals, the premises claimed by him or her
as exempt are | 4 |
| worth more than $30,000 or $45,000 for a person age 65 or older | 5 |
| $15,000 , such officer shall summon
3 individuals,
as | 6 |
| commissioners, who shall, upon oath, to be administered
to them | 7 |
| by the officer, appraise the premises, and if, in their | 8 |
| opinion,
the property may be divided without damage to the | 9 |
| interest of the
parties, they shall set off so much of the | 10 |
| premises, including the dwelling
house, as in their opinion is | 11 |
| worth $30,000 or $45,000 for a person age 65 or older $15,000 , | 12 |
| and the
residue of the premises may be advertised and sold by | 13 |
| such officer. Each
commissioner shall receive for his or her | 14 |
| services the sum of $5 per day
for each day necessarily engaged | 15 |
| in such service. The officer summoning such
commissioners shall | 16 |
| receive such fees as may be allowed for serving
summons, but | 17 |
| shall be entitled to charge mileage for only the actual
| 18 |
| distance traveled from the premises to be appraised, to the | 19 |
| residence of
the commissioners summoned. The officer shall not | 20 |
| be required
to summon commissioners until the judgment | 21 |
| creditor, or some one for him
or her, shall advance to the | 22 |
| officer one day's fees for the commissioners,
and unless the | 23 |
| creditor shall advance such fees the officer shall not be
| 24 |
| required to enforce the judgment. The costs of such | 25 |
| appraisement shall not
be taxed against the judgment debtor | 26 |
| unless such appraisement
shows that the judgment debtor has |
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| property subject to such judgment.
| 2 |
| (Source: P.A. 94-293, eff. 1-1-06.)
| 3 |
| (735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
| 4 |
| Sec. 12-911. Notice to judgment debtor. In case the value | 5 |
| of the premises
is, in the opinion of the commissioners, more | 6 |
| than $30,000 or $45,000 for a person age 65 or older $15,000 , | 7 |
| and
cannot be
divided as is provided for in Section 12-910 of | 8 |
| this Act, they shall make
and sign an appraisal of the value | 9 |
| thereof, and deliver the same to the
officer, who shall deliver | 10 |
| a copy thereof to the judgment debtor, or to
some one of the | 11 |
| family of the age of 13 years or upwards, with a
notice thereto | 12 |
| attached that
unless the judgment debtor pays to such officer | 13 |
| the surplus over and above $30,000 or $45,000 for a person age | 14 |
| 65 or older
$15,000 on the amount due on the judgment within 60 | 15 |
| days
thereafter, such
premises will be sold.
| 16 |
| (Source: P.A. 94-293, eff. 1-1-06.)
| 17 |
| (735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
| 18 |
| Sec. 12-912. Sale of premises - Distribution of proceeds. | 19 |
| In case of such
surplus, or the amount due on the judgment is
| 20 |
| not paid within the 60 days, the officer may advertise and sell | 21 |
| the premises,
and out of the proceeds of such sale pay to such | 22 |
| judgment debtor the sum
of $30,000 or $45,000 for a person age | 23 |
| 65 or older $15,000 , and apply the balance on the judgment.
| 24 |
| (Source: P.A. 94-293, eff. 1-1-06.)
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