(735 ILCS 5/2-1011) (from Ch. 110, par. 2-1011)
Sec. 2-1011.
Deposits with Court.
(a) In any action in which any part of the relief sought is a
judgment for a sum of money or a determination by the court as to the
disposition of a sum of money and a party to the action deposits
all or part of that sum with the clerk of the court, the clerk shall
deposit that money in an interest bearing account as provided in this
Section. When a judgment is entered as to the disposition of the principal
deposited, the court shall also direct disposition of the interest accrued
to the parties as it deems appropriate.
(b) Unless otherwise ordered by the court as to a specified deposit or
deposits, all funds so deposited with the court may be intermingled. The
accounts established by the clerk of the circuit court under this
Section shall be in banks or savings and loan associations doing business
in this State. The accounts must be insured by an agency of the United
States to the full extent of the amounts held in the accounts. The clerk
shall keep complete and accurate records of the amounts deposited with the
court in each action and of the accounts containing those deposits. The
records and accounts shall be subject to audit, as provided by law. The
clerk shall, upon request of any party in an action in which a sum of money
has been deposited with the court under this Section, furnish to that party
a statement showing the condition of the deposit or of the account containing
the deposit.
(c) Payment out of money deposited with the court shall be made only
upon order of the court after a finding that:
(1) the order is consistent with the account records |
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(2) the order correctly identifies affected parties
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(d) No moneys on deposit under this Section shall be paid out except by a
check of the clerk.
(e) Orders to pay out may be made under terms and conditions as the court
may, in its discretion, deem appropriate, subject to the provisions of this
Section. The orders may be stayed pending appeal upon application under
Supreme Court Rule 305.
(Source: P.A. 86-1329.)
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