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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-1101
(735 ILCS 5/12-1101) (from Ch. 110, par. 12-1101)
Sec. 12-1101.
Sending claim out of State.
Whoever, whether principal,
agent or attorney, with intent thereby to deprive any bona fide resident
of the State of Illinois of his or her rights, under the statutes of
Illinois on the subject of the exemption of property from levy and sale
on a judgment, or in attachment or garnishment, sends, or causes to be
sent out of the State of Illinois any claim for a debt to be collected by
proceedings in attachment, garnishment, or other process, when the
creditor, debtor or person, or corporation owing for the earnings
intended to be reached by such proceedings in attachment are each and
all within the jurisdiction of the courts of the State of Illinois,
shall be guilty of a petty offense and fined for each and every claim so
sent in any sum not less than $10 nor more than $50.
(Source: P.A. 82-280.)
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735 ILCS 5/12-1102
(735 ILCS 5/12-1102) (from Ch. 110, par. 12-1102)
Sec. 12-1102.
Assignment or transfer of claim.
Whoever, either directly
or indirectly, assigns or transfers
any claim for a debt against a citizen of Illinois, for the purpose of
having the same collected by proceedings in attachment, garnishment, or
other process, out of the wages or personal earnings of the debtor, in
courts outside of the State of Illinois, when the creditor, debtor,
person or corporation owing the money intended to be reached by the
proceedings in attachment are each and all within the jurisdiction of
the courts of the State of Illinois, is guilty of a petty offense.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 12
(735 ILCS 5/Art. XII Pt. 12 heading)
Part 12.
Exemption in Bankruptcy
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735 ILCS 5/12-1201
(735 ILCS 5/12-1201) (from Ch. 110, par. 12-1201)
Sec. 12-1201.
Bankruptcy exemption.
In accordance with the provision
of Section 522(b) of
the Bankruptcy Code of 1978, (11 U.S.C. 522(b)), residents of this State
shall be prohibited from using the federal exemptions provided in Section
522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)), except as may
otherwise be permitted under the laws of Illinois.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 14
(735 ILCS 5/Art. XII Pt. 14 heading)
Part 14.
Orders to Take into Custody
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735 ILCS 5/12-1401
(735 ILCS 5/12-1401) (from Ch. 110, par. 12-1401)
Sec. 12-1401.
Orders to Take Into Custody.
In any civil case where
an order issues to take any person into custody for any reason, the order shall
contain, if known, the name, date of birth, sex, physical description, and last
known address of the person to be taken into custody. It shall also contain a
statement of the reason the person is to be taken into custody and the
date of issuance. However, nothing herein shall impose a duty upon the court
to discern or seek out any of the information relating to the date of birth,
sex, physical description, or last known address of the person to be taken
into custody which is not provided by a litigant. Moreover, no order is
invalid by reason of its failure to contain any of the information
specified herein except as otherwise required by law.
(Source: P.A. 84-942.)
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735 ILCS 5/Art. XIII
(735 ILCS 5/Art. XIII heading)
ARTICLE XIII
LIMITATIONS
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735 ILCS 5/Art. XIII Pt. 1
(735 ILCS 5/Art. XIII Pt. 1 heading)
Part 1.
Real Actions
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735 ILCS 5/13-101
(735 ILCS 5/13-101) (from Ch. 110, par. 13-101)
Sec. 13-101.
Twenty years - Recovery of land.
No person shall commence
an action for the recovery of
lands, nor make an entry thereon, unless within 20 years after the
right to bring such action or make such entry first accrued, or within
20 years after he, she or those from, by, or under whom he or she claims, have
acquired title or possession of the premises, except as
provided in Sections 13-102 through 13-122 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-102
(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
Sec. 13-102.
Breach of condition subsequent.
No person shall commence
an action for the recovery of
lands, nor make an entry thereon, by reason of the breach of a condition
subsequent, unless within 7 years after the time that condition is
first broken. Continuing, successive or recurring breaches
shall not extend the time for commencing the action or making the entry.
Possession shall be deemed to be adverse and hostile from and after the
first breach of a condition subsequent, notwithstanding the occurrence
of successive or recurrent breaches.
(Source: P.A. 82-280.)
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735 ILCS 5/13-103
(735 ILCS 5/13-103) (from Ch. 110, par. 13-103)
Sec. 13-103.
Termination of estate upon limitation.
No person shall
commence an action for the recovery of
lands, nor make an entry thereon, by reason of the termination of an
estate upon limitation or of an estate upon conditional limitation,
unless within 7 years after the termination.
(Source: P.A. 82-280.)
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735 ILCS 5/13-104
(735 ILCS 5/13-104) (from Ch. 110, par. 13-104)
Sec. 13-104.
Under mortgage or lease.
Nothing in Sections 13-102 and
13-103 of this Act affects the time for the
enforcement of any right under or by virtue of a mortgage or lease.
(Source: P.A. 82-280.)
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735 ILCS 5/13-105
(735 ILCS 5/13-105) (from Ch. 110, par. 13-105)
Sec. 13-105.
Twenty years - Computation.
If such right or title first
accrued to an ancestor or
predecessor of the person who brings the action or makes the entry, or
to any person from, by, or under whom he or she claims, the 20 years shall
be computed from the time when the right or title so first accrued.
(Source: P.A. 82-280.)
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735 ILCS 5/13-106
(735 ILCS 5/13-106) (from Ch. 110, par. 13-106)
Sec. 13-106.
Accrual of right of entry or to bring action.
The right
to make an entry or bring an action to recover land
shall be deemed to have first accrued at the times respectively
hereinafter provided:
(a) When any person is wrongfully ousted from possession, his or her
right of entry or of action shall be deemed to have accrued at the time
of such wrongful ouster.
(b) When he or she claims as heir or legatee of an owner in possession
who died, his or her right shall be deemed to have accrued at the time of such
death, unless there is an estate
intervening after the death of such ancestor or testator; in which case
his or her right shall be deemed to accrue when such intermediate estate
expires, or when it would have expired by its own limitations.
(c) When there is such an intermediate estate, and in all other
cases when the party claims by force of any remainder or reversion, his
or her right, so far as it is affected by the limitation herein prescribed,
shall be deemed to accrue when the intermediate or precedent estate
would have expired by its own limitation, notwithstanding any forfeiture
thereof for which he or she might have entered at an earlier time.
(d) Paragraph (c) of this Section shall not prevent a person from entering
when entitled to do so by reason of any forfeiture or breach of
condition; but if he or she claims under such a title, his or her right shall be
deemed to have accrued when the forfeiture was incurred or the condition
was broken.
(e) In all cases not otherwise specially provided for, the right
shall be deemed to have accrued when the claimant, or the person under
whom he or she claims, first became entitled to the possession of the premises
under the title upon which the entry or the action is founded.
(Source: P.A. 84-549.)
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735 ILCS 5/13-107
(735 ILCS 5/13-107) (from Ch. 110, par. 13-107)
Sec. 13-107. Seven years with possession and record title. Except as provided in Section 13-107.1, actions brought
for the recovery of any lands, tenements or
hereditaments of which any person may be possessed by actual residence
thereon for 7 successive years, having a connected title, deductible of
record, from this State or the United States, or from any public officer
or other person authorized by the laws of this State to sell such land
for the non-payment of taxes, or from any sheriff, marshal, or other
person authorized to sell such land for the enforcement of a judgment or
under any order or
judgment of any court shall be brought within 7 years next after
possession is taken, but when the possessor
acquires such title after taking such possession, the limitation shall
begin to run from the time of acquiring title.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-107.1 (735 ILCS 5/13-107.1) Sec. 13-107.1. Two years with possession and record title derived from a judicial foreclosure sale. (a) Actions brought for the recovery of any lands, tenements, or hereditaments of which any person may be possessed for 2 successive years, having a connected title, deductible of record, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to a court order, shall be brought within 2 years after possession is taken. When the purchaser acquires title and has taken possession, the limitation shall begin to run from the date a mortgagee or a purchaser at a judicial foreclosure sale takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law or Article IX of this Code. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. (b) This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-108
(735 ILCS 5/13-108) (from Ch. 110, par. 13-108)
Sec. 13-108.
Right extended to heirs.
The heirs, legatees and assigns of
the person having such
title and possession, shall have the same benefit of the preceding
Section as the person from whom the possession is derived.
(Source: P.A. 82-280.)
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735 ILCS 5/13-109
(735 ILCS 5/13-109) (from Ch. 110, par. 13-109)
Sec. 13-109. Payment of taxes with color of title. Except as provided in Section 13-109.1, every person in the
actual possession of lands or tenements, under claim and color of title, made
in good faith, and who for 7 successive years continues in such possession, and
also, during such time, pays all taxes legally assessed on such lands or
tenements, shall be held and adjudged to be the legal owner of such lands or
tenements, to the extent and according to the purport of his or her paper
title. All persons holding under such possession, by purchase, legacy or
descent, before such 7 years have expired, and who continue such possession,
and continue to pay the taxes as above set forth so as to complete the
possession and payment of taxes for the term above set forth, are entitled to
the benefit of this Section.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-109.1 (735 ILCS 5/13-109.1) Sec. 13-109.1. Payment of taxes with color of title derived from judicial foreclosure. Every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to such a court order, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy, or descent, before such 2 years have expired, and who continue possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-110
(735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
Sec. 13-110. Vacant land - Payment of taxes with color of title. Whenever
a person having color of title, made in good faith,
to vacant and unoccupied land, pays all taxes legally assessed
thereon for 7 successive years, he or she shall be deemed and
adjudged to be the legal owner of such vacant and unoccupied land, to
the extent and according to the purport of his or her paper title. All
persons holding under such taxpayer, by purchase, legacy or descent,
before such 7 years expired, and who continue to
pay the taxes, as above set out, so as to complete the payment of taxes for
the term, are entitled to the benefit of this Section.
However, if any person, having a better paper title to such
vacant and unoccupied land, during the term of 7 years,
pays the taxes assessed on such land for any one or more years of the
term of 7 years, then such taxpayer, his or her heirs, legatees or assigns,
shall not be entitled to the benefit of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
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735 ILCS 5/13-111
(735 ILCS 5/13-111) (from Ch. 110, par. 13-111)
Sec. 13-111.
State and United States.
Sections 13-109 and 13-110
of this Act shall not extend to lands or
tenements owned by the United States or of this State, nor to school and
seminary lands, nor to lands held for the use of religious societies,
nor to lands held for any public purpose. Nor shall they extend to lands
or tenements when there is an adverse title to such lands or
tenements, and the holder of such adverse title is a minor, person under
legal disability,
imprisoned, out of the limits of the United States, and in
the employment of the United States or of this State. Such
person shall commence an action to recover such lands or tenements so
possessed, as above set out, within 3 years after the several
disabilities herein enumerated cease to exist, and shall prosecute
such action to judgment, or in case of vacant and unoccupied land,
shall, within the time last set out, pay to the person or persons who
have paid the same, all the taxes, with interest thereon, at the rate of
12% per annum, that have been paid on such vacant and
unimproved land.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-112
(735 ILCS 5/13-112) (from Ch. 110, par. 13-112)
Sec. 13-112.
Minors and persons under legal disability.
If, at the time
when such right of entry or of action upon or
for lands first accrues, the person entitled to such entry or action is
a minor, or person under legal disability, imprisoned or absent from the United
States in the service of the United States or of this State, such person
or any one claiming from, by or under him or her, may make the entry or
bring the action at any time within 2 years after such disability is
removed, notwithstanding the time before limited in that behalf has
expired.
The exceptions provided in this Section shall not apply to the provisions of
Sections 13-118 through 13-121 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-113
(735 ILCS 5/13-113) (from Ch. 110, par. 13-113)
Sec. 13-113.
Extension to heirs.
If the person first
entitled to make entry or bring such
action dies during the continuance of any of the disabilities mentioned
in Section 13-112 of this Act, and no determination or judgment has been had
of or upon the title, right or action which accrued to him or her, the entry
may be made or the action brought by his or her heirs or any person claiming
from, by or under him or her at any time within 2 years after his or her death,
notwithstanding the time before limited in that behalf has expired.
The exceptions provided in this Section shall not apply to the provisions
of Sections 13-118 through 13-121 of this Act.
(Source: P.A. 90-655, eff. 7-30-98.)
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