(35 ILCS 5/1107) (from Ch. 120, par. 11-1107)
Sec. 1107.
Claim to Property.
Whenever any process, issued from any court
for the enforcement or collection of any liability created by this Act, shall
be levied by any sheriff or other authorized person upon any personal
property, and such property shall be claimed by any person other than the
defendant as exempt from enforcement
of a judgment thereon by virtue of the exemption laws of this State, then it shall be
the duty of the person making such claim to give notice in writing of his
claim and of his or her intention to prosecute the same, to the sheriff or
other person within 10 days after the making of the levy. On receiving such
notice, the sheriff or other person shall proceed in accordance with the
provisions of Part 2 of Article XII of the Code of Civil Procedure, as amended.
The giving of
such notice within the 10-day period shall be a condition precedent to any
judicial action against the sheriff or other authorized person
for wrongfully
levying, seizing or selling the property and any such person
who fails to give notice within the time shall be forever barred
from bringing any judicial action against such sheriff or
other person for injury or damages to
or conversion of said property.
(Source: P.A. 83-346.)
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