(735 ILCS 5/Art. I heading) ARTICLE I
GENERAL PROVISIONS
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(735 ILCS 5/1-101) (from Ch. 110, par. 1-101)
Sec. 1-101.
Short titles.
(a) This Act shall be known and may be cited
as the "Code of Civil Procedure".
(b) Article II shall be known as the "Civil Practice Law" and may be referred
to by that designation.
(c) Article III shall be known as the "Administrative Review Law" and
may be referred to by that designation.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-102) (from Ch. 110, par. 1-102)
Sec. 1-102.
Continuation of prior statutes.
The provisions of this
Act insofar as they are the same or substantially the same as those of any
prior statute, shall be construed as a continuation of such prior statute
and not as a new enactment.
If in any other statute reference is made to an Act of the General Assembly,
or an Article or a Section of such an Act, which is continued in this Act,
such reference shall refer to the Act, Article, or Section thereof so continued
in this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-103) (from Ch. 110, par. 1-103)
Sec. 1-103.
Effect of headings.
Article, Part and Section headings
contained herein shall not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent of the provisions of any Article,
Part or Section of this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-104) (from Ch. 110, par. 1-104)
Sec. 1-104.
Power of courts to make rules.
(a) The Supreme Court of this State has power to make rules of
pleading, practice and procedure for the circuit, Appellate and Supreme
Courts supplementary to, but not inconsistent with the provisions of this Act,
and to amend the same, for the purpose of making this Act effective
for the convenient administration of justice, and otherwise simplifying
judicial procedure, and power to make rules governing pleading, practice
and procedure in small claims actions, including service of process
in connection therewith. Unless otherwise indicated by the text,
references in this Act to rules are to rules of the Supreme Court.
(b) Subject to the rules of the Supreme Court, the circuit and Appellate
Courts may make rules
regulating their dockets, calendars, and business.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-105) (from Ch. 110, par. 1-105)
Sec. 1-105.
Enforcement of Act and rules.
The Supreme Court may provide by rule for the orderly and expeditious
administration and enforcement of this Act and of the rules,
including the striking of pleadings, the dismissal of claims,
the entry of defaults, the assessment of costs, the assessment against
an offending party of the reasonable expenses, including attorney's
fees, which any violation causes another party to incur, or other action
that may be appropriate.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-106) (from Ch. 110, par. 1-106)
Sec. 1-106.
Act to be liberally construed.
This Act shall be liberally construed, to the end that controversies
may be speedily and finally determined according to the substantive
rights of the parties. The rule that statutes in derogation of the
common law must be strictly construed does not apply to this Act or to
the rules made in relation thereto.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-107) (from Ch. 110, par. 1-107)
Sec. 1-107.
Appeals.
Appeals may be taken as provided for civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-108) (from Ch. 110, par. 1-108)
Sec. 1-108.
Civil Practice Law applies.
(a) The provisions of Article
II of this Act apply to all proceedings covered by Articles III through
XIX of this Act except as otherwise provided in each of the Articles III
through XIX, respectively.
(b) In proceedings in which the procedure is regulated by statutes other
than those contained in this Act, such other statutes control to the extent
to which they regulate procedure but Article II of this Act applies to matters
of procedure not regulated by such other statutes.
(c) As to all matters not regulated by statute or rule of court, the practice
at common law prevails.
(Source: P.A. 82-280.)
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(735 ILCS 5/1-109) (from Ch. 110, par. 1-109)
Sec. 1-109. Verification by certification. Unless otherwise expressly
provided by rule of the Supreme Court, whenever in this Code any complaint,
petition, answer, reply, bill of particulars, answer to interrogatories,
affidavit, return or proof of service, or other document or pleading filed
in any court of this State is required or permitted to be verified, or made,
sworn to or verified under oath, such requirement or permission is hereby
defined to include a certification of such pleading, affidavit or other
document under penalty of perjury as provided in this Section.
Whenever any such pleading, affidavit or other document is so certified,
the several matters stated shall be stated positively or upon information
and belief only, according to the fact. The person or persons having knowledge
of the matters stated in a pleading, affidavit or other document certified
in accordance with this Section shall subscribe to a certification in substantially
the following form: Under penalties as provided by law pursuant to Section
1-109 of the Code of Civil Procedure, the undersigned certifies that the
statements set forth in this instrument are true and correct, except as
to matters therein stated to be on information and belief and as to such
matters the undersigned certifies as aforesaid that he verily believes the
same to be true.
Any pleading, affidavit, or other document certified in accordance with
this Section may be used in the same manner and with the same force and
effect as though subscribed and sworn to under oath, and there is no further requirement that the pleading, affidavit, or other document be sworn before an authorized person.
Any person who makes a false statement, material to the issue or point
in question, which he does not believe to be true, in any pleading, affidavit
or other document certified by such person in accordance with this Section
shall be guilty of a Class 3 felony.
(Source: P.A. 100-1086, eff. 1-1-19.)
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(735 ILCS 5/Art. II heading) ARTICLE II
CIVIL PRACTICE
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(735 ILCS 5/Art. II Pt. 1 heading) Part 1.
Venue
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(735 ILCS 5/2-101) (from Ch. 110, par. 2-101)
Sec. 2-101.
Generally.
Except as otherwise provided in this Act, every action must be
commenced (1) in the county of residence of any defendant who is joined
in good faith and with probable cause for the purpose of obtaining a
judgment against him or her and not solely for the purpose of fixing venue in
that county, or (2) in the county in which the transaction or some part
thereof occurred out of which the cause of action arose.
If a check, draft, money order, or other instrument for the payment of
child support payable to or delivered to the State Disbursement Unit
established under Section 10-26 of the Illinois Public Aid Code is returned by
the bank or depository for any reason, venue for the enforcement of any
criminal proceedings or civil cause of action for recovery and attorney fees
shall be in the county where the principal office of the State Disbursement
Unit is located.
If all defendants are nonresidents of the State, an action may be
commenced in any county.
If the corporate limits of a city, village or town extend into more
than one county, then the venue of an action or proceeding
instituted by that
municipality to enforce any fine, imprisonment, penalty or forfeiture
for violation of any ordinance of that municipality,
regardless of the county in which the violation was committed or occurred, may
be in the appropriate court (i) in the county
wherein the office of the clerk of the municipality is located
or (ii) in any county
in which at least 35% of the territory within the municipality's corporate
limits is located.
(Source: P.A. 91-212, eff. 7-20-99.)
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(735 ILCS 5/2-101.5) Sec. 2-101.5. Venue in actions asserting constitutional claims against the State. (a) Notwithstanding any other provisions of this Code, if an action is brought against the State or any of its officers, employees, or agents acting in an official capacity on or after the effective date of this amendatory Act of the 103rd General Assembly seeking declaratory or injunctive relief against any State statute, rule, or executive order based on an alleged violation of the Constitution of the State of Illinois or the Constitution of the United States, venue in that action is proper only in the County of Sangamon and the County of Cook. (b) The doctrine of forum non conveniens does not apply to actions subject to this Section. (c) As used in this Section, "State" has the meaning given to that term in Section 1 of the State Employee Indemnification Act. (d) The provisions of this Section do not apply to claims arising out of collective bargaining disputes between the State of Illinois and the representatives of its employees.
(Source: P.A. 103-5, eff. 6-6-23.) |
(735 ILCS 5/2-102) (from Ch. 110, par. 2-102)
Sec. 2-102.
Residence of corporations, voluntary unincorporated associations
and partnerships defined.
For purposes of venue, the following definitions apply:
(a) Any private corporation or railroad or bridge company, organized
under the laws of this State, and any foreign corporation authorized to
transact business in this State is a resident of any county in which it
has its registered office or other office or is doing business. A
foreign corporation not authorized to transact business in this State is
a nonresident of this State.
(b) A partnership sued in its firm name is a resident of any county
in which any partner resides or in which the partnership has an office
or is doing business. A partnership sued in its firm name, of which all
partners are nonresidents of this State and which does not have an
office or do business in this State, is a nonresident of this State.
(c) A voluntary unincorporated association sued in its own name is a
resident of any county in which the association has an office or, if on
due inquiry no office can be found, in which any officer of the association
resides. A voluntary unincorporated association sued in its own name, of
which all its members are nonresidents of this State and which does not
have an office or do business
in this State, is a nonresident of this State.
(Source: P.A. 83-901.)
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(735 ILCS 5/2-103) (from Ch. 110, par. 2-103)
Sec. 2-103.
Public corporations - Local actions - Libel - Insurance
companies.
(a) Actions must be brought against a public, municipal,
governmental or quasi-municipal corporation in the county in which its
principal office is located or in the county in which the transaction or
some part thereof occurred out of which the cause of action arose.
Except as otherwise provided in Section 7-102 of this Code, if the cause of
action is
related to an airport owned by a unit of local government or the property or
aircraft
operations thereof, however, including an action challenging the
constitutionality of
this amendatory
Act of the 93rd General Assembly, the action must be brought in the county in
which the
unit of local government's principal office is located.
Actions to recover damage to real estate
which may be overflowed or otherwise damaged by reason of any act of the
corporation may be brought in the county where the real estate or some
part of it is situated, or in the county where the corporation is
located, at the option of the party claiming to be injured.
Except as otherwise provided in Section 7-102 of this Code, any cause of
action
that is related to an airport owned by a unit of local government, and that is
pending on or after the effective date of
this amendatory Act of the 93rd General Assembly in a county other than the
county in which the
unit of local government's principal office is located, shall be transferred,
upon motion of any
party under Section 2-106 of this Code, to the county in which the unit of
local government's
principal office is located.
(b) Any action to quiet title to real estate, or to partition or
recover possession thereof or to foreclose a mortgage or other lien
thereon, must be brought in the county in which the real estate or some
part of it is situated.
(c) Any action which is made local by any statute must be brought in
the county designated in the statute.
(d) Every action against any owner, publisher, editor, author or
printer of a newspaper or magazine of general circulation for libel
contained in that newspaper or magazine may be commenced only in the
county in which the defendant resides or has his, her or its principal office
or in which the article was composed or printed, except when the
defendant resides or the article was printed without this State, in
either of which cases the action may be commenced in any county in which
the libel was circulated or published.
(e) Actions against any insurance company incorporated under the law
of this State or doing business in this State may also be brought in any
county in which the plaintiff or one of the plaintiffs may reside.
(Source: P.A. 93-450, eff. 8-6-03.)
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(735 ILCS 5/2-104) (from Ch. 110, par. 2-104)
Sec. 2-104.
Wrong venue - Waiver - Motion to transfer.
(a) No order or
judgment is void because rendered in the wrong venue, except in case of
judgment by confession as provided in subsection (c) of Section 2-1301 of
this Act. No action shall abate or be dismissed because commenced in
the wrong venue if there is a proper venue to which the cause may be
transferred.
(b) All objections of improper venue are waived by a defendant
unless a motion to transfer to a proper venue is made by the defendant on or
before the date upon which he or she is required to appear or within any
further time that may be granted him or her to answer or move with respect to
the complaint, except that if a defendant upon whose residence venue
depends is dismissed upon motion of plaintiff, a remaining defendant may
promptly move for transfer as though the dismissed defendant had not
been a party.
(c) Motions for transfer to a proper venue may be supported and
opposed by affidavit. In determining issues of fact raised by
affidavits, any competent evidence adduced by the parties shall also be
considered. The determination of any issue of fact in connection with a
motion to transfer does not constitute a determination of the merits of
the case or any aspect thereof.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-105) (from Ch. 110, par. 2-105)
Sec. 2-105.
Defendants in different counties - Review.
In any action involving defendants residing in different counties in
which venue is based on residence and an appropriate and timely motion
to transfer is made by a defendant not residing in the county, the
overruling of the motion is not ground for reversal if he or she proceeds to
trial on the merits, unless he or she renews the motion at the close of all the
evidence and it appears from the record or the evidence that the
defendant residing within the county was joined without probable cause
and not in good faith for the purpose of obtaining a judgment against
him or her but solely for the purpose of fixing venue in that county.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-106) (from Ch. 110, par. 2-106)
Sec. 2-106.
Transfer.
(a) Transfer for wrong venue. If a motion to
transfer is allowed on the ground that the action was commenced in a
wrong venue, the cause shall be transferred to the court in a proper
venue, subject to any equitable terms and conditions that may be
prescribed.
(b) Method of transfer. The clerk of the court from which a
transfer is granted shall immediately certify and transmit to the clerk
of the court to which the transfer is ordered the originals of all
papers filed in the case together with copies of all orders entered
therein. In the event of a severance, certified copies of papers filed
and orders entered shall be transmitted. The clerk of the court to
which the transfer is ordered shall file the papers and transcript
transmitted to him or her and docket the case, and the action shall proceed and
be determined as if it had originated in that court.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-107) (from Ch. 110, par. 2-107)
Sec. 2-107.
Costs and expenses of transfer.
The costs attending a transfer shall be taxed by the clerk of the
court from which the transfer is granted, and, together with the filing
fee in the transferee court, shall be paid by plaintiff. If the court
granting the transfer finds that venue was fixed by plaintiff in bad
faith and without probable cause, then it may order the reasonable
expenses of defendant in attending and obtaining a transfer to a proper
venue, including a reasonable attorney's fee, to be paid by plaintiff.
If the costs and expenses are not paid within a reasonable time, the
transferring court shall on motion dismiss the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-108) (from Ch. 110, par. 2-108)
Sec. 2-108.
Place of trial.
All actions shall be tried in the county in which they are commenced,
except as otherwise provided by law.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-109) (from Ch. 110, par. 2-109)
Sec. 2-109.
Malicious prosecution - medical malpractice.
In all cases alleging malicious prosecution arising out of proceedings
which sought damages for injuries or death by reason of medical,
hospital, or
other healing art malpractice, the plaintiff need not plead or prove
special injury to sustain his or her cause of action. In all such cases
alleging malicious prosecution, no exemplary or punitive damages shall be
allowed.
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/Art. II Pt. 2 heading) Part 2.
Process
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(735 ILCS 5/2-201) (from Ch. 110, par. 2-201)
Sec. 2-201. Commencement of actions - Forms of process. (a) Every action, unless otherwise expressly provided by statute,
shall be commenced by the filing of a complaint. The clerk shall issue
summons upon request of the plaintiff. The form and substance of the
summons, and of all other process, and the issuance of alias process,
and the service of copies of pleadings shall be according to
rules.
(b) One or more duplicate original summonses may be issued, marked
"First Duplicate," "Second Duplicate," etc., as the case may be,
whenever it will facilitate the service of summons in any one or more
counties, including the county of venue. (c) A court's jurisdiction is not affected by a technical error in format of a summons if the summons has been issued by a clerk of the court, the person or entity to be served is identified as a defendant on the summons, and the summons is properly served. This subsection is declarative of existing law.
(Source: P.A. 100-1048, eff. 8-23-18.)
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(735 ILCS 5/2-202) (from Ch. 110, par. 2-202) (Text of Section before amendment by P.A. 103-671)
Sec. 2-202. Persons authorized to serve process; place of
service; failure to make return. (a) Process shall be served by a
sheriff, or if the sheriff is disqualified, by a coroner of some county of the
State. In matters where the county or State is an interested party, process may be served by a special investigator appointed by the State's Attorney of the county, as defined in Section 3-9005 of the Counties Code. A sheriff of a county with a population of less than 2,000,000
may employ civilian personnel to serve process. In
counties with a population of less than 2,000,000, process may
be served, without special appointment, by a person who is licensed or
registered as a private detective under the Private Detective, Private
Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered
employee of a private detective
agency certified under that Act as defined in Section (a-5). A private detective or licensed
employee must supply the sheriff of any county in which he serves process
with a copy of his license or certificate; however, the failure of a person
to supply the copy shall not in any way impair the validity of process
served by the person. The court may, in its discretion upon motion, order
service to be made by a private person over 18 years of age and not a party
to the action.
It is not necessary that service be made by a sheriff or
coroner of the county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his or her return
thereon, and if by a private person the return shall be by affidavit.
(a-5) Upon motion and in its discretion, the court may appoint as a
special process
server a
private detective agency certified under the Private Detective, Private Alarm,
Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under the appointment,
any employee of
the
private detective agency who is registered under that Act may serve the
process. The
motion and the order of appointment must contain the number of the certificate
issued to
the private detective agency by the Department of Professional Regulation under
the
Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of
2004. A private detective or private detective agency shall send, one time only, a copy of his, her, or its individual private detective license or private detective agency certificate to the county sheriff in each county in which the detective or detective agency or his, her, or its employees serve process, regardless of the size of the population of the county. As long as the license or certificate is valid and meets the requirements of the Department of Financial and Professional Regulation, a new copy of the current license or certificate need not be sent to the sheriff. A private detective agency shall maintain a list of its registered employees. Registered employees shall consist of: (1) an employee who works for the agency holding a | ||
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(2) a person who has applied for a Permanent Employee | ||
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(3) a person employed by a private detective agency | ||
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(4) a private detective who works for a private | ||
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A detective agency shall maintain this list and forward it to any sheriff's department that requests this list within 5 business days after the receipt of the request. (b) Summons may be served upon the defendants wherever they may be
found in the State, by any person authorized to serve process. An officer
may serve summons in his or her official capacity outside his or her county,
but fees for mileage outside the county of the officer cannot be taxed
as costs. The person serving the process in a foreign county may make
return by mail.
(c) If any sheriff, coroner, or other person to whom any process is
delivered, neglects or refuses to make return of the same, the plaintiff
may petition the court to enter a rule requiring the sheriff, coroner,
or other person, to make return of the process on a day to be fixed by
the court, or to show cause on that day why that person should not be attached
for contempt of the court. The plaintiff shall then cause a written
notice of the rule to be served on the sheriff, coroner, or other
person. If good and sufficient cause be not shown to excuse the officer
or other person, the court shall adjudge him or her guilty of a contempt, and
shall impose punishment as in other cases of contempt.
(d) Except as provided in Sections 1-19, 3-17, 4-14, and 5-252 of the Juvenile Court Act of 1987, if process is served by a sheriff, coroner, or special investigator appointed by the State's Attorney, the court may tax
the fee of the sheriff, coroner, or State's Attorney's special investigator as costs in the proceeding. If process
is served by a private person or entity, the court may establish a fee
therefor and tax such fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of the Housing
Authorities Act, in counties with a population of 3,000,000 or more
inhabitants,
members of a housing authority police force may serve process for eviction actions commenced by that housing authority and may execute eviction
orders for that housing authority.
(f) In counties with a population of 3,000,000 or more, process may be
served, with special appointment by the court,
by a private process server or
a law enforcement agency other than the county sheriff
in proceedings instituted under Article IX of this Code as a result of a lessor or
lessor's assignee declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act.
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23.)
(Text of Section after amendment by P.A. 103-671) Sec. 2-202. Persons authorized to serve process; place of service; failure to make return. (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. In matters where the county or State is an interested party, process may be served by a special investigator appointed by the State's Attorney of the county, as defined in Section 3-9005 of the Counties Code. A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. Process may be served by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act. A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit. In a county of 3,000,000 or more, any person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act and hired to serve summons shall remit $5 of each service fee to the county sheriff. (a-5) A private detective or private detective agency shall send, one time only, a copy of his, her, or its individual private detective license or private detective agency certificate to the county sheriff in each county in which the detective or detective agency or his, her, or its employees serve process, regardless of the size of the population of the county. As long as the license or certificate is valid and meets the requirements of the Department of Financial and Professional Regulation, a new copy of the current license or certificate need not be sent to the sheriff. A private detective agency shall maintain a list of its registered employees. Registered employees shall consist of: (1) an employee who works for the agency holding a | ||
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(2) a person who has applied for a Permanent Employee | ||
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(3) a person employed by a private detective agency | ||
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(4) a private detective who works for a private | ||
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A detective agency shall maintain this list and forward it to any sheriff's department that requests this list within 5 business days after the receipt of the request. (b) Summons may be served upon the defendants wherever they may be found in the State, by any person authorized to serve process. An officer may serve summons in his or her official capacity outside his or her county, but fees for mileage outside the county of the officer cannot be taxed as costs. The person serving the process in a foreign county may make return by mail. (c) If any sheriff, coroner, or other person to whom any process is delivered, neglects or refuses to make return of the same, the plaintiff may petition the court to enter a rule requiring the sheriff, coroner, or other person, to make return of the process on a day to be fixed by the court, or to show cause on that day why that person should not be attached for contempt of the court. The plaintiff shall then cause a written notice of the rule to be served on the sheriff, coroner, or other person. If good and sufficient cause be not shown to excuse the officer or other person, the court shall adjudge him or her guilty of a contempt, and shall impose punishment as in other cases of contempt. (d) Except as provided in Sections 1-19, 3-17, 4-14, and 5-252 of the Juvenile Court Act of 1987, if process is served by a sheriff, coroner, or special investigator appointed by the State's Attorney, the court may tax the fee of the sheriff, coroner, or State's Attorney's special investigator as costs in the proceeding. If process is served by a private person or entity, the court may establish a fee therefor and tax such fee as costs in the proceedings. (e) In addition to the powers stated in Section 8.1a of the Housing Authorities Act, in counties with a population of 3,000,000 or more inhabitants, members of a housing authority police force may serve process for eviction actions commenced by that housing authority and may execute eviction orders for that housing authority. (f) In counties with a population of 3,000,000 or more, process may be served, with special appointment by the court, by a private process server or a law enforcement agency other than the county sheriff in proceedings instituted under Article IX of this Code as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act.(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23; 103-671, eff. 1-1-25.) |
(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
Sec. 2-203. Service on individuals.
(a) Except as otherwise expressly provided, service of summons upon
an individual defendant shall be made (1) by leaving a copy of the summons with
the defendant personally, (2) by leaving a copy at the defendant's
usual place of
abode, with some person of the family or a person residing there, of the
age of 13 years or
upwards, and informing that person of the contents of the summons, provided the
officer or other person making service shall also send a copy of the
summons in a sealed envelope with postage fully prepaid, addressed to
the defendant at his or her usual place of abode, or (3) as provided in
Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or
standing of vehicles in cities with a population over 500,000.
The certificate of the
officer or affidavit of the person that he or she has sent the copy in
pursuance of this Section is evidence that he or she has done so. No employee of a facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act shall obstruct an officer or other person making service in compliance with this Section. An employee of a gated residential community shall grant entry into the community, including its common areas and common elements, to a process server authorized under Section 2-202 of this Code who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. As used in this Section, "gated residential community" includes a condominium association, housing cooperative, or private community.
(b) The officer, in his or her certificate or in a record filed and
maintained in the Sheriff's office, or other person making service, in
his or her affidavit or in a record filed and maintained in his or her
employer's
office, shall (1) identify as to sex, race, and approximate age the
defendant or other person with whom the summons was left and (2) state
the place where (whenever possible in terms of an exact street address)
and the date and time of the day when the summons was left with the
defendant or other person.
(c) Any person who knowingly sets forth in the certificate or
affidavit any false statement, shall be liable in civil contempt. When
the court holds a person in civil contempt under this Section, it shall
award such damages as it determines to be just and, when the
contempt is
prosecuted by a private attorney, may award reasonable attorney's fees.
(Source: P.A. 98-104, eff. 7-22-13; 98-966, eff. 1-1-15; 99-180, eff. 7-29-15.)
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(735 ILCS 5/2-203.1) (from Ch. 110, par. 2-203.1)
Sec. 2-203.1.
Service by special order of court.
If service upon an
individual defendant is impractical under items (1) and (2) of subsection
(a) of Section 2-203, the plaintiff may move, without notice, that the
court enter an order directing a comparable method of service. The motion
shall be accompanied with an affidavit stating the nature and extent of the
investigation made to determine the whereabouts of the defendant and the
reasons why service is impractical under items (1) and (2) of subsection
(a) of Section 2-203, including a specific statement showing that
a diligent inquiry as to the location of the individual defendant was made and
reasonable efforts to make service have been unsuccessful. The court may
order service to be made in any manner
consistent with due process.
(Source: P.A. 87-1165.)
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(735 ILCS 5/2-203.2) Sec. 2-203.2. Service on an inmate. For the security of a correctional institution
or facility or jail, a process server may be refused entry into that correctional institution
or facility or jail. Each correctional institution or facility or jail shall designate a
representative to accept service from a licensed or registered private detective or agency for
purposes of effectuating service upon an inmate in the custody of the institution, facility,
or jail. With respect to an inmate incarcerated in an Illinois Department of Corrections
facility, the process server shall contact the chief administrative officer in
advance to arrange and designate the time and date, during regularly scheduled business
hours, that the facility representative will meet with and accept service from the process
server. Service upon a warden's or sheriff's representative shall constitute substitute
service and a mailing to the inmate of the process shall be completed by the server in
accordance with Section 2-202. A warden's or sheriff's representative accepting
substitute service shall forward the process to the inmate, but if for any reason the process
is not forwarded to the inmate, the sheriff, sheriff's representative, warden, or warden's
representative shall not be responsible for any civil fine or penalty, or have other liability.
If for any reason an inmate is not in the correctional institution or facility or jail at the
time of the service of process, a warden's or sheriff's representative may refuse to accept
service for the inmate. If it is determined after the process has been left with the
designated representative, that the inmate is not present at that institution or facility or
jail, the designated representative shall promptly return it to the licensed or registered
private detective or agency, indicating that the substitute service could not be effectuated.
The process server shall promptly notify the court of the unsuccessful service.
(Source: P.A. 96-1451, eff. 8-20-10.) |
(735 ILCS 5/2-204) (from Ch. 110, par. 2-204)
Sec. 2-204.
Service on private corporations.
A private corporation may be served (1) by leaving a copy of the
process with its registered agent or any officer or agent of the
corporation found anywhere in the State; or (2) in any other manner now
or hereafter permitted by law. A private corporation may also be
notified by publication and mail in like manner and with like effect as
individuals.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-205) (from Ch. 110, par. 2-205)
Sec. 2-205.
Service on partnership and partners.
(a) A partnership sued
in its firm name may be served by
leaving a copy of the process with any partner personally or with any agent
of the partnership found
anywhere in the State. A partnership sued in its firm name may also be
notified by publication and mail in like manner and with like effect as
individuals.
(b) When a personal judgment is sought against a known partner for a
partnership liability the partner may be served (1) in any manner
provided for service on individuals or (2) by leaving a copy of the
summons for him or her with any other partner and mailing a copy of the summons
in a sealed envelope with postage prepaid, addressed to the partner
against whom the judgment is sought at his or her usual place of abode as shown
by an affidavit filed in the cause. The certificate of the officer or
the affidavit of the other person making service that he or she has mailed the
copy in pursuance of this section is evidence that he or she has done so.
Service on a nonresident partner against whom a personal judgment is
sought may be made by leaving a copy with any other partner, and
mailing, as provided herein, only if the cause of action sued on is a
partnership liability arising out of the transaction of business within
the State.
(c) When a personal judgment is sought against an unknown owner in an
action authorized under Section 6 of "An Act in relation to the use of an
assumed name in the conduct or transaction of business in this State",
approved July 17, 1941, as amended, service may
be made by leaving a copy of the summons with any agent of the business
and publishing notice in the manner provided by Section 2-206 of this Act.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-205.1) (from Ch. 110, par. 2-205.1)
Sec. 2-205.1.
Service on voluntary unincorporated associations.
A voluntary
unincorporated association sued in its own name may be served by leaving
a copy of the process with any officer of the association personally or
by leaving a copy of the process at the office of the association with an
agent of the association. A voluntary unincorporated association sued in
its own name may also be notified by publication and mail in like manner
and with like effect as individuals.
(Source: P.A. 83-901.)
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(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
Sec. 2-206. Service by publication; affidavit; mailing;
certificate. (a) Whenever, in any action affecting property or status within the
jurisdiction of the court, including an action to obtain the specific
performance, reformation, or rescission of a contract for the conveyance
of land, except for an action brought under Part 15 of Article XV of this Code that is subject to subsection (a-5), the plaintiff or his or her
attorney shall file, at the office of the clerk of the court in which
the action is pending, an affidavit showing that the defendant resides
or has gone out of this State, or on due inquiry cannot be found, or is
concealed within this State, so that process cannot be served upon him or her,
and stating the place of residence of the defendant, if known, or that
upon diligent inquiry his or her place of residence cannot be ascertained, the
clerk shall cause publication to be made in some newspaper published in
the county in which the action is pending. If there is no newspaper
published in that county, then the publication shall be in a newspaper
published in an adjoining county in this State, having a circulation in
the county in which action is pending. The publication shall contain
notice of the pendency of the action, the title of the court, the title
of the case, showing the names of the first named plaintiff and the
first named defendant, the number of the case, the names of the parties
to be served by publication, and the date on or after which default may
be entered against such party. The clerk shall also, within 10 days of the
first publication of the notice, send a copy thereof by mail, addressed
to each defendant whose place of residence is stated in such affidavit.
The certificate of the clerk that he or she has sent the copy in pursuance of
this Section is evidence that he or she has done so.
(a-5) If, in any action brought under Part 15 of Article XV of this Code, the plaintiff, or his or her attorney, shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides outside of or has left this State, or on due inquiry cannot be found, or is concealed within this State so that process cannot be served upon him or her, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the plaintiff, or his or her attorney, shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party. It shall be the non-delegable duty of the plaintiff, or his or her attorney, within 10 days of the first publication of the notice, to send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the plaintiff, or his or her attorney, that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so. A copy of the certificate shall be filed at the office of the clerk of the court where the action is pending. (b) In any action brought by a unit of local government to cause the
demolition, repair, or enclosure of a dangerous and unsafe or uncompleted
or abandoned building, notice by publication under this Section may be
commenced during the time during which attempts are made to locate the
defendant for personal service. In that case, the unit of local government
shall file with the clerk an affidavit stating that the action meets the
requirements of this subsection and that all required attempts are being
made to locate the defendant. Upon the filing of the affidavit, the clerk
shall cause publication to be made under this Section. Upon completing the
attempts to locate the defendant required by this Section, the municipality
shall file with the clerk an affidavit meeting the requirements of
subsection (a). Service under this subsection shall not be deemed to have
been made until the affidavit is filed and service by publication in the
manner prescribed in subsection (a) is completed.
(Source: P.A. 101-539, eff. 1-1-20; 102-156, eff. 1-1-22; 102-558, eff. 8-20-21.)
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(735 ILCS 5/2-207) (from Ch. 110, par. 2-207)
Sec. 2-207.
Period of Publication - Default.
The notice required in the preceding section may be given at any time
after the commencement of the action, and shall be published at least
once in each week for 3 successive weeks. No default or proceeding shall
be taken against any defendant not served with summons, or a copy of the
complaint, and not appearing, unless the first publication be at least
30 days prior to the time when the default or other proceeding is sought
to be taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-208) (from Ch. 110, par. 2-208)
Sec. 2-208.
Personal service outside State.
(a) Personal service of
summons may be made upon any party outside the State. If upon a citizen
or resident of this State or upon a person who has submitted to the
jurisdiction of the courts of this State, it shall have the force and
effect of personal service of summons within this State; otherwise it
shall have the force and effect of service by publication.
(b) The service of summons shall be made in like manner as service
within this State, by any person over 18 years of age not a party to the
action. No order of court is required. An affidavit of the server shall
be filed stating the time, manner and place of service. The court may
consider the affidavit, or any other competent proofs, in determining
whether service has been properly made.
(c) No default shall be entered until the expiration of at least 30
days after service. A default judgment entered on such service may be
set aside only on a showing which would be timely and sufficient to set
aside a default judgment entered on personal service within this State.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-209) (from Ch. 110, par. 2-209)
Sec. 2-209. Act submitting to jurisdiction - Process.
(a) Any person,
whether or not a citizen or resident of this State, who in person or
through an agent does any of the acts hereinafter enumerated, thereby
submits such person, and, if an individual, his or her personal
representative, to the jurisdiction of the courts of this State as to any
cause of action arising from the doing of any of such acts:
(1) The transaction of any business within this State;
(2) The commission of a tortious act within this | ||
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(3) The ownership, use, or possession of any real | ||
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(4) Contracting to insure any person, property or | ||
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(5) With respect to actions of dissolution of | ||
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(6) With respect to actions brought under the | ||
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(7) The making or performance of any contract or | ||
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(8) The performance of sexual intercourse within this | ||
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(9) The failure to support a child, spouse or former | ||
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(10) The acquisition of ownership, possession or | ||
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(11) The breach of any fiduciary duty within this | ||
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(12) The performance of duties as a director or | ||
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(13) The ownership of an interest in any trust | ||
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(14) The exercise of powers granted under the | ||
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(b) A court may exercise jurisdiction in any action arising within or
without this State against any person who:
(1) Is a natural person present within this State | ||
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(2) Is a natural person domiciled or resident within | ||
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(3) Is a corporation organized under the laws of this | ||
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(4) Is a natural person or corporation doing business | ||
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(b-5) Foreign defamation judgment. The courts of this State shall have personal jurisdiction over any person who obtains a judgment in a defamation proceeding outside the United States against any person who is a resident of Illinois or, if not a natural person, has its principal place of business in Illinois, for the purposes of rendering declaratory relief with respect to that resident's liability for the judgment, or for the purpose of determining whether said judgment should be deemed non-recognizable pursuant to this Code, to the fullest extent permitted by the United States Constitution, provided: (1) the publication at issue was published in | ||
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(2) that resident (i) has assets in Illinois | ||
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The provisions of this subsection (b-5) shall apply to persons who obtained judgments in defamation proceedings outside the United States prior to, on, or after the effective date of this amendatory Act of the 95th General Assembly. (c) A court may also exercise jurisdiction on any other basis now or
hereafter permitted by the Illinois Constitution and the Constitution
of the United States.
(d) Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this Section,
may be made by personally serving the summons upon the defendant outside
this State, as provided in this Act, with the same force and effect as
though summons had been personally served within this State.
(e) Service of process upon any person who resides or whose business
address is outside the United States and who is subject to the jurisdiction
of the courts of this State, as provided in this Section, in any action based
upon product liability may be made by serving a copy of the summons with a copy
of the complaint attached upon the Secretary of State. The summons shall be
accompanied by a $5 fee payable to the Secretary of State. The plaintiff
shall forthwith mail a copy of the summons, upon which the date of service
upon the Secretary is clearly shown, together with a copy of the complaint
to the defendant at his or her last known place of residence or business
address. Plaintiff shall file with the circuit clerk an affidavit of the
plaintiff or his or her attorney stating the last known place of residence
or the last known business address of the defendant and a certificate of
mailing a copy of the summons and complaint to the defendant at such
address as required by this subsection (e). The certificate of mailing
shall be prima facie evidence that the plaintiff or his or her attorney
mailed a copy of the summons and complaint to the defendant as required.
Service of the summons shall be deemed to have been made upon the defendant
on the date it is served upon the Secretary and shall have the same force
and effect as though summons had been personally served upon the defendant
within this State.
(f) Only causes of action arising from acts enumerated herein may be
asserted against a defendant in an action in which jurisdiction over him or
her is based upon subsection (a).
(g) Nothing herein contained limits or affects the right to
serve any process in any other manner now or hereafter provided by law.
(Source: P.A. 99-85, eff. 1-1-16.)
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(735 ILCS 5/2-209.1) (from Ch. 110, par. 2-209.1)
Sec. 2-209.1.
Actions by and against voluntary associations.
A
voluntary unincorporated association may sue and be
sued in its own name, and may complain and defend in all actions. For the
purposes of this Code, "voluntary unincorporated association" means any
organization of 2 or more individuals formed for a common purpose, excluding
a partnership or corporation.
(Source: P.A. 84-1043.)
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(735 ILCS 5/2-210) (from Ch. 110, par. 2-210)
Sec. 2-210.
Aircraft and Watercraft.
(a) For the purposes of this Section:
"aircraft" means any contrivance now known, or hereafter invented,
used or designed for flight in the air;
"watercraft" means any boat, vessel, craft or floating thing designed
for navigation in the water; and
"waters of this State" means the Illinois portion of all boundary
lakes and rivers, and all lakes, rivers, streams, ponds and canals
within the State of Illinois.
(b) The use and operation by any person of an aircraft on the
land of or in the air over this State or the use and operation by any
person of a watercraft in the waters of this State, shall be deemed an
appointment by such person of the Secretary of State, to be his or her true and
lawful attorney upon whom may be served all legal process in any action
or proceeding against him or her, growing out of such use or resulting in
damage or loss to person or property, and such use or operation shall be
signification of his or her agreement that any such process against him or her which
is so served, shall be of the same legal force and validity as though
served upon him or her personally if such person is a nonresident of this State
or at the time a cause of action arises is a resident of this State but
subsequently becomes a nonresident of this State. Service of such
process shall be made by serving a copy upon the Secretary of State, or
by filing such copy in his or her office, together with a fee of $2.00, and
such service shall be sufficient service upon such person; if notice of
such service and a copy of the process are, within 10 days thereafter,
sent by registered mail by the plaintiff to the defendant, at the last
known address of the defendant, and the plaintiff's affidavit of
compliance herewith is appended to the summons. The court in which the
action is pending may order such continuances as may be necessary to
afford the defendant reasonable opportunity to defend the action. The
fee of $2.00 paid by the plaintiff to the Secretary of State at the time
of the service shall be taxed in his or her costs, if he or she prevails in the action.
The Secretary of State shall keep a record of all such processes, which
shall show the day and hours of such services.
(c) When a final judgment is entered against any non-resident
defendant who has not received notice of service and a copy of
the process by registered mail, required to be sent to him or her as above
provided, and such person, his or her heirs, legatees,
executor, administrator
or other legal representatives, as the case may require, shall within
one year after the written notice is given to
him or her of such judgment, or
within 5 years after such judgment, if no such notice has been given,
as above stated, appear and petition the court to be
heard regarding such judgment, and shall pay such costs as the court may deem
reasonable in that behalf, the person so petitioning may appear and
answer the plaintiff's allegations, and thereupon such proceeding shall
be had as if the defendant had appeared in due time and no judgment
had been entered. If it appears upon the hearing that
the judgment
ought not to have been entered against the
defendant, the judgment may be set
aside, altered or amended as shall appear just; otherwise, it shall be
ordered that the judgment stands confirmed against such defendant.
The judgment shall
after 5 years from the entry thereof, if not set aside in the manner
stated above, be deemed and adjudged confirmed against such defendant, and
all persons claiming under him or her by virtue of any act done subsequent to
the commencement of such action, and at the end of the 5 years,
the court may enter such further orders as shall be
required for the enforcement of the judgment.
(Source: P.A. 84-549.)
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(735 ILCS 5/2-211) (from Ch. 110, par. 2-211)
Sec. 2-211.
Service on public, municipal, governmental and
quasi-municipal corporations.
In actions against public, municipal, governmental or quasi-municipal
corporations, summons may be served by leaving a copy with the chairperson
of the county board or county clerk in the case of a county, with the
mayor or city clerk in the case of a city, with the president of the
board of trustees or village clerk in the case of a village, with the
supervisor or town clerk in the case of a town, and with the president
or clerk or other officer corresponding thereto in the case of any other
public, municipal, governmental or quasi-municipal corporation or body.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-212) (from Ch. 110, par. 2-212)
Sec. 2-212.
Service on trustee of corporation or receiver.
Any trustee of a corporation or its property or any receiver may be
served with summons (1) in any manner provided for service on
individuals or corporations, as is appropriate, or (2) by leaving a copy
thereof with any agent in the employ of the trustee or receiver anywhere
in the State. The trustee or receiver may also be notified by
publication and mail in like manner and with like effect as individuals.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-213) (from Ch. 110, par. 2-213)
Sec. 2-213.
Waiver of service.
(a) Notice and request for waiver. A plaintiff may notify a defendant
of the commencement of an action and request that the defendant waive
service of a summons. The notice and request shall be in writing in a form
prescribed by Supreme Court rule. The notice and request shall:
(1) be addressed to an individual who is the | ||
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(2) be dispatched through first class U.S. mail or | ||
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(3) contain a copy of the complaint and identify the | ||
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(4) inform the defendant of the consequences of | ||
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(5) allow the defendant a reasonable time to return | ||
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(6) provide the defendant with an extra copy of the | ||
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(b) Limits on waiver. A defendant who waives service of a summons in
the manner provided in subsection (a) does not thereby waive any objection
to the venue or to the jurisdiction of the court over the person of the
defendant.
(c) Time to appear or answer. A defendant who returns a timely waiver
of service is not required to appear or serve an answer to the complaint
until (i) 60 days from the date on which the request for waiver of service
was sent or (ii) 90 days if the defendant was addressed outside of the
United States.
(d) Effect of filing. When a waiver of service is filed by the
plaintiff with the court, the action shall proceed as if a summons and
complaint had been served at the time of filing of the waiver, and no proof
of service shall be required.
(e) Right to refuse to waive service; effect of refusal. A defendant
may refuse to waive service of a summons. If a defendant does not return the
waiver provided for in subsection (a), the plaintiff must serve summons on
that defendant as otherwise provided by this Code and Supreme Court rules.
(Source: P.A. 87-352.)
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(735 ILCS 5/Art. II Pt. 3 heading) Part 3.
Appearance
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(735 ILCS 5/2-301) (from Ch. 110, par. 2-301)
Sec. 2-301. Objections to jurisdiction over the person.
(a) Prior to the filing of any other pleading or motion
other than as set forth in subsection (a-6), a
party may
object to the court's jurisdiction over the party's person, either on the
ground
that
the party is not
amenable to process of a court of this State or on the ground of insufficiency
of process
or insufficiency of service of process, by filing a motion to dismiss the
entire
proceeding
or any cause of action involved in the proceeding or by filing a motion to
quash service of
process. Such a motion may be made singly or included with others in a
combined
motion, but the parts of a combined motion must be identified in the manner
described in
Section 2-619.1. Unless the facts that constitute the basis for the objection
are apparent
from papers already on file in the case, the motion must be supported by an
affidavit
setting forth those facts.
(a-5) (Blank).
(a-6) A party filing any other pleading or motion prior to the filing of a motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) waives all objections to the court's jurisdiction over the party's person prospectively, unless the initial motion filed is one of the following: (1) A motion for an extension of time to answer or | ||
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(2) A motion filed under Section 2-1301, 2-1401, or | ||
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Any motion objecting to the court's jurisdiction over the party's person as set forth in subsection (a) shall be filed within 60 days of the court's order disposing of the initial motion filed under Section 2-1301, 2-1401, or 2-1401.1. Nothing in this subsection precludes a party from filing a motion under subsection (a) combined with a motion under Section 2-1301, 2-1401, or 2-1401.1. If such a combined motion is filed, any objection to the court's jurisdiction over the party's person is not waived. (b) In disposing of a motion objecting to the
court's jurisdiction over the person
of the objecting
party, the court shall
consider all matters apparent from the papers on file in the case,
affidavits submitted by any party, and any evidence adduced upon
contested issues of fact.
The court shall enter an appropriate order sustaining or overruling the
objection.
No determination of any issue of fact in
connection with the objection is a determination of the merits of the
case or any aspect thereof. A decision adverse to the objector does not
preclude the objector from making any motion or defense which he or she might
otherwise
have made.
(c) Error in ruling against the objecting party on
the objection is
waived by the party's taking part in further proceedings unless the objection
is on the ground that the party
is not
amenable to process issued by a court of this State.
(Source: P.A. 100-291, eff. 1-1-18.)
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(735 ILCS 5/Art. II Pt. 4 heading) Part 4.
Parties
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(735 ILCS 5/2-401) (from Ch. 110, par. 2-401)
Sec. 2-401.
Designation of parties - Misnomer.
(a) The party commencing an action shall be called the plaintiff.
The adverse party shall be called the defendant.
(b) Misnomer of a party is not a ground for dismissal but the name
of any party may be corrected at any time, before or after judgment, on
motion, upon any terms and proof that the court requires.
(c) A party shall set forth in the body of his or her pleading the names of
all parties for and against whom relief is sought thereby.
(d) Unless a contrary meaning is indicated, wherever used in this
Act and in rules adopted pursuant hereto the term "plaintiff" includes
counterclaimants and third-party plaintiffs, and the term "defendant"
includes third-party defendants and parties against whom relief is
sought by counterclaim.
(e) Upon application and for good cause shown the parties may
appear under fictitious names.
(Source: P.A. 85-907.)
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(735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
Sec. 2-402. Respondents in discovery. The plaintiff
in any civil action may designate as
respondents in discovery in his or her pleading those individuals or
other entities, other than
the named defendants, believed by the plaintiff to have information essential
to the determination of who should properly be named as additional
defendants in the action.
Persons or entities so named as respondents in discovery shall be required
to respond to discovery by the plaintiff in the same manner as are
defendants and may, on motion of the plaintiff, be added as defendants
if the evidence discloses the existence of probable cause for such
action.
A person or entity named a respondent in discovery may upon his or
her own motion be
made a defendant in the action, in which case the provisions of this
Section are no longer applicable to that person.
A copy of the complaint shall be served on each person or entity named as a
respondent in discovery.
Each respondent in discovery shall be paid expenses and fees as
provided for witnesses.
A person or entity named as a respondent in discovery in any civil action may
be made a defendant in the same action at any time within 6 months after
being named as a respondent in discovery, even though the time during
which an action may otherwise be initiated against him or her may have expired
during such 6 month period.
An extension from the original 6-month period for good cause may be granted only once for up to 90 days for (i) withdrawal of plaintiff's counsel or (ii) good cause. Notwithstanding the limitations in this Section, the court may grant additional reasonable extensions from this 6-month period for a failure or refusal on the part of the respondent to comply with timely filed discovery.
The plaintiff shall serve upon the respondent or respondents a copy of the complaint together with a summons in a form substantially as follows:
"STATE OF ILLINOISCOUNTY OF ..................IN THE CIRCUIT COURT OF ................ COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
(or, In the Circuit Court of the ............ Judicial Circuit)
...................
Plaintiff(s),
v.
No.
.................
.................,
Defendant(s),
and
PLEASE SERVE:
.................
.................,
Respondent(s) in Discovery.SUMMONS FOR DISCOVERY
TO RESPONDENT IN DISCOVERY: YOU ARE HEREBY NOTIFIED that on ................, 20..... , a complaint, a copy of which is attached, was filed in the above Court naming you as a Respondent in Discovery. Pursuant to the Illinois Code of Civil Procedure Section 2-402 and Supreme Court Rules 201 et. seq., and/or Court Order entered on .................................., the above named Plaintiff(s) are authorized to proceed with the discovery of the named Respondent(s) in Discovery. YOU ARE SUMMONED AND COMMANDED to appear for deposition, before a notary public (answer the attached written interrogatories), (respond to the attached request to produce), (or other appropriate discovery tool).
We are scheduled to take the oral discovery deposition of the above named Respondent, .................................., on ........................, 20..., at the hour of ..... a.m./p.m., at the office ..........................................., Illinois, in accordance with the rules and provisions of this Court. Witness and mileage fees in the amount of ....................... are attached (or)
(serve the following interrogatories, request to produce, or other appropriate discovery tool upon Respondent, ....................... to be answered under oath by Respondent, ............................, and delivered to the office of ................................., Illinois, within 28 days from date of service).
TO THE OFFICER/SPECIAL PROCESS SERVER: This summons must be returned by the officer or other person to whom it was given for service, with endorsement or affidavit of service and fees and an endorsement or affidavit of payment to the Respondent of witness and mileage fees, if any, immediately after service. If service cannot be made, this summons shall be returned so endorsed.WITNESS, .....................
..............................
Clerk of Court
Date of Service: .........., 20...
(To be inserted by officer on copy left
with Respondent or other person)
Attorney No.
Name:Attorney for:Address:City/State/Zip:
Telephone:". This amendatory Act of the 94th General Assembly applies to causes of action pending on or after its effective date.
(Source: P.A. 94-582, eff. 1-1-06.)
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(735 ILCS 5/2-403) (from Ch. 110, par. 2-403)
Sec. 2-403.
Who may be plaintiff - Assignments - Subrogation.
(a) The assignee and owner of a non-negotiable chose in action may
sue thereon in his or her own name. Such person shall in his or her pleading
on oath allege
that he or she is the actual bona fide owner thereof, and set forth how and
when he or she acquired title. The action is subject to any defense or
set-off
existing before notice of the assignment.
(b) In all cases in which the chose in action consists of wages due
or to become due to the assignor thereof from the defendant in the
action, at least 5 days' written notice of the pendency of the action
shall be served upon the assignor, before the trial of the same. Upon
application of the assignor of the chose in action the court shall allow
him or her to intervene and be made a party to the action.
The assignor, or the
defendant to the action on behalf of the assignor, shall be allowed to set
up or affirmatively maintain any just setoff, discount or defense which
the assignor may have to the assignment of the chose in action, or to the
indebtedness, the payment of which is secured by the assignment of the chose
in action. The
court, by jury or otherwise, shall ascertain the amount of the
indebtedness remaining due and unpaid from the assignor to the assignee
of the chose in action. The judgment, if any, against the defendant
shall not exceed the amount so found to be due and unpaid from the
assignor to the assignee of the chose in action. Judgment for the
balance, if any, remaining due from the defendant, upon the assigned
chose in action, shall be rendered in favor of the assignor and against
the defendant in the action or proceeding. The court may
enter any order
as to costs in the proceeding that may be equitable.
(c) Any action hereafter brought by virtue of the subrogation
provision of any contract or by virtue of subrogation by operation of
law shall be brought either in the name or for the use of the subrogee;
and the subrogee shall in his or her pleading on oath,
or by his or her
affidavit if pleading is not required, allege that he or she is the actual bona
fide subrogee and set forth how and when he or she became subrogee.
(d) A judgment in an action brought and conducted by a subrogee by
virtue of the subrogation provision of any contract or by virtue of any
subrogation by operation of law, whether in the name of the subrogor or
otherwise, is not a bar or a determination on the merits of the case or
any aspect thereof in an action by the subrogor to recover upon any
other cause of action arising out of the same transaction or series of
transactions.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-404) (from Ch. 110, par. 2-404)
Sec. 2-404.
Joinder of plaintiffs.
All persons may join in one action as plaintiffs,
in whom any right to relief in respect of or arising out of the same
transaction or series of transactions is alleged to exist, whether
jointly, severally or in the alternative, whenever if those persons had
brought separate actions any common question of law or fact would arise.
If upon the application of any party it shall appear that
joinder may embarrass or delay the trial of the action, the court may
order separate trials or enter any other order that may be expedient.
Judgment may be entered for any one or more of the plaintiffs who may be
found to be entitled to relief, for the relief to which he or she or they may
be entitled.
If any one who is a necessary plaintiff, counterclaimant or
third-party plaintiff declines to join, he or she may be made a defendant,
cross defendant or third-party defendant, as the case may be, the reason
therefor being stated in the complaint, counterclaim or third-party
complaint.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-405) (from Ch. 110, par. 2-405)
Sec. 2-405.
Joinder of defendants.
(a) Any person may be made a defendant who, either jointly,
severally or in the alternative, is alleged to have or claim an interest
in the controversy, or in any part thereof, or in the transaction or
series of transactions out of which the controversy arose, or whom it is
necessary to make a party for the complete determination or settlement
of any question involved therein, or against whom a liability is
asserted either jointly, severally or in the alternative arising out of
the same transaction or series of transactions, regardless of the number
of causes of action joined.
(b) It is not necessary that each defendant be interested as to all
the relief prayed for, or as to every cause of action included in any
proceeding against him or her; but the court may make any order that may be
just to prevent any defendant from being embarrassed or put to expense
by being required to attend any proceedings in which such defendant may have no
interest.
(c) If the plaintiff is in doubt as to the person from whom he or she is
entitled to redress, he or she may join two or more defendants, and state his or her
claim against them in the alternative in the same count or plead
separate counts in the alternative against different defendants, to the
intent that the question which, if any, of the defendants is liable, and
to what extent, may be determined as between the parties.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-406) (from Ch. 110, par. 2-406)
Sec. 2-406.
Bringing in new parties - Third-party proceedings.
(a) If a complete determination of a controversy cannot be had
without the presence of other parties, the court may direct them to be
brought in. If a person, not a party, has an interest or title which the
judgment may affect, the court, on application, shall direct such person to be
made a party.
(b) Within the time for filing his or her answer or thereafter by leave of
court, a defendant may by third-party complaint bring in as a defendant
a person not a party to the action who is or may be liable to him or her for
all or part of the plaintiff's claim against him or her. Subsequent pleadings
shall be filed as in the case of a complaint and with like designation
and effect. The third-party defendant may assert any defenses which he or she
has to the third-party complaint or which the third-party plaintiff has
to the plaintiff's claim and shall have the same right to file a
counterclaim or third-party complaint as any other defendant. If the
plaintiff desires to assert against the third-party defendant any claim
which the plaintiff might have asserted against the third-party
defendant had he or she been joined originally as a defendant, the plaintiff shall do so
by an appropriate pleading. When a counterclaim is filed against a
party, the party may in like manner proceed against third parties. Nothing
herein applies to liability insurers.
(c) An action is commenced against a new party by the filing of an
appropriate pleading or the entry of an order naming him or her a party.
Service of process shall be had upon a new party in like manner as is
provided for service on a defendant.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-407) (from Ch. 110, par. 2-407)
Sec. 2-407.
Nonjoinder and misjoinder of parties - Change of parties.
No action shall be dismissed for misjoinder of parties, or dismissed
for nonjoinder of necessary parties without first affording reasonable
opportunity to add them as parties. New parties may be added and parties
misjoined may be dropped by order of the court, at any stage of the
cause, before or after judgment, as the ends of justice may require and
on terms which the court may fix.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-408) (from Ch. 110, par. 2-408)
Sec. 2-408.
Intervention.
(a) Upon timely application anyone shall be
permitted as of right to intervene in an action: (1) when a statute
confers an unconditional right to intervene; or (2) when the
representation of the applicant's interest by existing parties is or may
be inadequate and the applicant will or may be bound by an order or
judgment in the action; or (3) when the applicant is so situated as to
be adversely affected by a distribution or other disposition of property
in the custody or subject to the control or disposition of the court or
a court officer.
(b) Upon timely application anyone may in the discretion of the
court be permitted to intervene in an action: (1) when a statute confers
a conditional right to intervene; or (2) when an applicant's claim or
defense and the main action have a question of law or fact in common.
(c) In all cases involving the validity of a constitutional
provision, statute or regulation of this State and affecting the public
interest, the State upon timely application may in the discretion of the
court be permitted to intervene.
(d) In all cases involving the validity of an ordinance or
regulation of a municipality or governmental subdivision of this State
and affecting the public interest, the municipality or governmental
subdivision upon timely application may in the discretion of the court
be permitted to intervene.
(e) A person desiring to intervene shall present a petition setting
forth the grounds for intervention, accompanied by the initial pleading
or motion which he or she proposes to file. In cases in which the allowance of
intervention is discretionary, the court shall consider whether the
intervention will unduly delay or prejudice the adjudication of the
rights of the original parties.
(f) An intervenor shall have all the rights of an original party,
except that the court may in its order allowing intervention, whether
discretionary or a matter of right, provide that the applicant shall be
bound by orders or judgments, theretofore entered or by evidence
theretofore received, that the applicant shall not raise issues which
might more properly have been raised at an earlier stage of the
proceeding, that the applicant shall not raise new issues or add new
parties, or that in other respects the applicant shall not interfere
with the control of the litigation, as justice and the avoidance of
undue delay may require.
(Source: P.A. 82-783.)
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(735 ILCS 5/2-409) (from Ch. 110, par. 2-409)
Sec. 2-409.
Interpleader.
Persons having claims against the plaintiff arising out of the same
or related subject matter may be joined as defendants and required to
interplead when their claims may expose plaintiff to double or multiple
liability. It is not a ground for objection to interpleader that the
claims of the several claimants or the titles upon which their claims
depend do not have a common origin or are not identical, or are adverse
to or independent of one another, or that the plaintiff avers that he or she is
not liable in whole or in part to any of or all the claimants. A
defendant under similar circumstances may obtain like relief by
counterclaim. The provisions hereof are not a limitation upon the
joinder of parties or causes of action.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-410) (from Ch. 110, par. 2-410)
Sec. 2-410.
Actions against joint debtors or partners.
All parties to a joint obligation, including a partnership
obligation, may be sued jointly, or separate actions may be brought
against one or more of them. A judgment against fewer than all the
parties to a joint or partnership obligation does not bar an action
against those not included in the judgment or not sued. Nothing herein
permits more than one satisfaction.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-411) (from Ch. 110, par. 2-411)
Sec. 2-411.
Actions by or against partnerships.
(a) A partnership may sue or be sued in the names of the partners as
individuals doing business as the partnership, or in the firm name, or
both.
(b) An unsatisfied judgment against a partnership in its firm name
does not bar an action to enforce the individual liability of any
partner.
(Source: P.A. 86-483.)
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(735 ILCS 5/2-412) (from Ch. 110, par. 2-412)
Sec. 2-412.
Saving clause as to change of parties.
No change in parties, made by order of court or otherwise, impairs
any previous attachment of the estate or body of any person remaining a
defendant in the action, or bonds or recognizances of any person
remaining a party, either as against such person or his or her sureties, or
receipts to an officer for property attached; and, when parties are
changed, the court may order new bonds if new bonds are necessary.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-413) (from Ch. 110, par. 2-413)
Sec. 2-413.
Unknown parties.
If in any action there are persons interested therein whose names are
unknown, it shall be lawful to make them parties to the action by the
name and description of unknown owners, or unknown heirs or legatees of
any deceased person, who may have been interested in the subject matter
of the action previous to his or her death; but an affidavit shall be
filed by the party desiring to make those persons parties stating that
their names are unknown. Process may then issue and publication may be
had against those persons by the name and description so given, and
judgments entered in respect to them shall be of the same effect as
though they had been designated by their proper names. If there has been
a person who may have been interested in the action, and upon diligent
inquiry it cannot be ascertained whether the person is living or dead,
it shall be lawful to make those persons who would be his or her heirs and
legatees parties defendant as unknown owners, the same
as if he or she were
known to be dead, but in all those cases an affidavit shall be filed by
the party desiring to make any unknown persons who would be the heirs or
legatees of the person not known to be living or dead parties, stating
that upon due and diligent inquiry it cannot be ascertained whether or
not the person is living or dead and further stating that the names of
the persons who would be his or her heirs or legatees are
unknown. Process may
then issue and publication may be had against all parties by the name
and description of unknown owners, and judgments entered in respect to
the unknown parties shall be of the same effect as though they had been
designated by their proper names. Only one affidavit is necessary under
the provisions of this section for the purpose of making persons
described herein parties to the action.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-414) (from Ch. 110, par. 2-414)
Sec. 2-414.
Joint or consolidated affidavits - validation of judgments.
(a) If in any action or proceeding the
affidavits required by Section 2-206 and Section 2-413 of this Act are joined
and submitted as a single affidavit, or as two affidavits on one sheet,
the fact of joinder or of consolidation of the two affidavits into one
shall not deprive the court of the jurisdiction it would have had if the
affidavits had been filed as two distinct affidavits; however, the facts
with reference to the nonresident defendants required by Section 2-206 of
this Act, and the facts relative to the unknown parties required by
Section 2-413 of this Act, are otherwise correctly set forth and properly
related in the one affidavit.
(b) Any judgment heretofore entered by the court based upon joint
affidavits or a consolidated affidavit which is regular in other
respects is validated as though the affidavits were separate and
distinct.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-415) (from Ch. 110, par. 2-415)
Sec. 2-415.
Appointment of and actions against receivers.
(a) Before
any receiver shall be appointed the party making the application shall give
bond to the adverse party in such penalty as the court may order and with
security to be approved by the court conditioned to pay all damages including
reasonable attorney's fees sustained by reason of the
appointment and acts of such receiver, in case the appointment of such receiver
is revoked or set aside. Bond need not be required, when for good cause
shown, and upon notice and full hearing, the court is of the
opinion that a receiver ought to be appointed without such bond.
(b) On an application for the appointment of a receiver, the court may,
in lieu of appointing a receiver, permit the party in possession to retain
such possession upon giving bond with such penalty and with such security
and upon such condition as the court may order and approve; and the court
may remove a receiver and restore the property to the possession of the
party from whom it was taken upon the giving of a like bond.
(c) Every receiver of any property
appointed by any court of this State may be sued in respect of any act
or transaction of the receiver in carrying on the business connected with the
property, without the previous leave of the court in which the receiver
was appointed; but the action shall be subject to the jurisdiction of the
court in which the receiver was appointed, so far as the same is
necessary to the ends of justice.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-416) (from Ch. 110, par. 2-416)
Sec. 2-416.
Representation of corporations in small claims.
A
corporation may prosecute as plaintiff or defend as defendant
any small claims proceeding in any court of this State through any officer,
director, manager, department manager or supervisor of the corporation,
as though such corporation were appearing in its proper person.
No corporation may appear as assignee or subrogee in a small claims proceeding.
For the purposes of this Section, the term "officer" means the president,
vice-president, registered agent or other person vested with the responsibility
of managing the affairs of the corporation, and "small claims proceeding"
means a civil action based on either tort or contract for money not in excess
of $2,500, exclusive of interests and costs, or for collection of taxes
not in excess of that amount.
(Source: P.A. 84-1043.)
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(735 ILCS 5/2-417) (from Ch. 110, par. 2-417)
Sec. 2-417.
Actions under Illinois Educational Labor Relations Act.
Whenever the Illinois Educational Labor Relations Board commences an action
under subsection (b) of Section 16 of the Illinois Educational Labor
Relations Act seeking to enforce a final order of the Board or alleging a
violation of a final order, such action shall be commenced by petition
filed in the name of the people of the State of Illinois as Petitioner and
any persons charged with alleged violation of such final order shall be
designated Respondents. Persons charged with alleged violation of such
final order may not raise as defenses in such action any matters that such
persons could have raised by initiating judicial review of such final order
in accordance with subsection (a) of Section 16 of the Illinois Educational
Labor Relations Act and Section 3-104 of the Administrative Review Law.
(Source: P.A. 84-123.)
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(735 ILCS 5/Art. II Pt. 5 heading) Part 5.
Appointment of Guardians
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(735 ILCS 5/2-501) (from Ch. 110, par. 2-501)
Sec. 2-501.
Guardian for persons not in being.
In any action, whether
a trust is involved or not, any person or persons not in being are or may
become entitled to, or may upon coming into being claim to be entitled to,
any future interest, legal or equitable, whether arising by way of remainder,
reversion, possibility of reverter, executory devise, upon the happening
of a condition subsequent, or otherwise, in any property, real or personal,
involved in such action, the court may, whenever it may deem it necessary
for the proper and complete determination of such cause, appoint some competent
and disinterested person as guardian ad litem of such person or persons
not in being; and any judgment or order entered in such action shall be
as binding and effectual for all purposes as though such person or persons
were in being and were parties to such action. By such appointment, the
person so appointed guardian ad litem, shall not be rendered liable to pay
costs of the action; and shall be allowed a reasonable fee for the services
as such guardian, to be fixed by the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-502) (from Ch. 110, par. 2-502)
Sec. 2-502.
Guardians for minors.
Guardianships for minors shall be
governed by Section 11-13 of the "Probate Act of 1975", as amended.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. II Pt. 6 heading) Part 6.
Pleading
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(735 ILCS 5/2-601) (from Ch. 110, par. 2-601)
Sec. 2-601.
Substance of pleadings.
In all actions, pleadings shall be
as specified in Article II of this Act and the rules. This section does not affect in
any way the substantial allegations of fact necessary to state any cause
of action.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-602) (from Ch. 110, par. 2-602)
Sec. 2-602.
Designation and order of pleadings.
The first pleading by the plaintiff shall be designated a complaint.
The first pleading by the defendant shall be designated an answer. If
new matter by way of defense is pleaded in the answer, a reply shall be
filed by the plaintiff, but the filing of a reply is not an admission of
the legal sufficiency of the new matter. Further pleadings may be
permitted as required by the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-603) (from Ch. 110, par. 2-603)
Sec. 2-603.
Form of pleadings.
(a) All pleadings shall contain a plain and concise statement of the
pleader's cause of action, counterclaim, defense, or reply.
(b) Each separate cause of action upon which a separate
recovery might be had shall be stated in a separate count or
counterclaim, as the case may be and each count, counterclaim, defense
or reply, shall be separately pleaded, designated and numbered, and each
shall be divided into paragraphs numbered consecutively, each paragraph
containing, as nearly as may be, a separate allegation.
(c) Pleadings shall be liberally construed with a view to doing
substantial justice between the parties.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-604) (from Ch. 110, par. 2-604)
Sec. 2-604.
(Repealed).
(Source: P.A. 93-387, eff. 7-25-03. Repealed by P.A. 101-403, eff. 1-1-20.)
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(735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-604.1.
Pleading of punitive damages.
In all actions
on account of bodily injury or physical damage to property, based on
negligence, or product liability based on any theory or doctrine,
where punitive damages are permitted
no complaint shall be filed containing a prayer for relief
seeking punitive damages. However, a
plaintiff may, pursuant to a pretrial motion and after a hearing before the
court, amend the complaint to include a prayer for relief seeking punitive
damages. The court shall allow the motion to amend the complaint if the
plaintiff establishes at such hearing a reasonable
likelihood of proving
facts at trial sufficient to support an award of punitive damages. Any
motion to amend the complaint to include a prayer for relief seeking
punitive damages shall be made not later than 30 days after the close of
discovery.
A prayer for relief added pursuant to this Section shall not be
barred by lapse of time under any statute prescribing or limiting the time
within which an action may be brought or right asserted if the time
prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-604.1.
Pleading of punitive damages.
In all actions
on account of bodily injury or physical damage to property, based on
negligence, or product liability based on strict
tort liability,
where punitive damages are permitted
no complaint shall be filed containing a prayer for relief
seeking punitive damages. However, a
plaintiff may, pursuant to a pretrial motion and after a hearing before the
court, amend the complaint to include a prayer for relief seeking punitive
damages. The court shall allow the motion to amend the complaint if the
plaintiff establishes at such hearing a reasonable
likelihood of proving
facts at trial sufficient to support an award of punitive damages. Any
motion to amend the complaint to include a prayer for relief seeking
punitive damages shall be made not later than 30 days after the close of
discovery.
A prayer for relief added pursuant to this Section shall not be
barred by lapse of time under any statute prescribing or limiting the time
within which an action may be brought or right asserted if the time
prescribed or limited had not expired when the original pleading was filed.
(Source: P.A. 84-1431.)
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(735 ILCS 5/2-604.2) Sec. 2-604.2. Requesting remedies from the court. (a) Except in personal injury actions, every count in every complaint and counterclaim must request specific remedies the party believes it should receive from the court. In a personal injury action, a party may not claim an amount of money unless necessary to comply with the circuit court rules about where a case is assigned. In a personal injury action, if a complaint is filed that contains an amount claimed and the claim is not necessary to comply with the circuit court rules about where a case is assigned, the complaint shall be dismissed without prejudice on the defendant's motion or on the court's own motion. (b) A party may request remedies from the court in the alternative. A request for a remedy from the court that is not supported by allegations in the complaint or counterclaim may be objected to by motion or in the answering pleading. (c) Except in the case of default, the remedies requested from the court do not limit the remedies available. Except in the case of default, if a party seeks remedies other than those listed in the complaint or counterclaim, the court may, by proper order, and upon terms that may be just, protect the adverse party against prejudice by reason of surprise. In the case of default, if a remedy is sought in the pleading, whether by amendment, counterclaim, or otherwise, that is beyond what the defaulted party requested, notice shall be given to the defaulted party as provided by Illinois Supreme Court Rule 105. (d) The defendant is not prohibited from requesting from the plaintiff, by interrogatory, the amount of damages sought.
(Source: P.A. 101-403, eff. 1-1-20.) |
(735 ILCS 5/2-605) (from Ch. 110, par. 2-605)
Sec. 2-605.
Verification of pleadings.
(a) Any pleading, although not required to be sworn to, may be
verified by the oath of the party filing it or of any other person or
persons having knowledge of the facts pleaded. Corporations may verify
by the oath of any officer or agent having knowledge of the facts. If
any pleading is so verified, every subsequent pleading must also be
verified, unless verification is excused by the court. In pleadings
which are so verified, the several matters stated shall be stated
positively or upon information and belief only, according to the fact.
Verified allegations do not constitute evidence except by way of
admission.
(b) The allegation of the execution or assignment of any written
instrument is admitted unless denied in a pleading verified by oath,
except in cases in which verification is excused by the court. If the
party making the denial is not the person alleged to have executed or
assigned the instrument, the denial may be made on the information and
belief of that party.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-606) (from Ch. 110, par. 2-606)
Sec. 2-606.
Exhibits.
If a claim or defense is founded upon a written instrument, a copy
thereof, or of so much of the same as is relevant, must be attached to
the pleading as an exhibit or recited therein, unless the pleader
attaches to his or her pleading an affidavit stating facts showing that the
instrument is not accessible to him or her. In pleading any written instrument
a copy thereof may be attached to the pleading as an exhibit. In either
case the exhibit constitutes a part of the pleading for all purposes.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-607) (from Ch. 110, par. 2-607)
Sec. 2-607.
Bills of particulars.
(a) Within the time a party is to
respond to a pleading, that party may, if allegations are so wanting in
details that the responding party should be entitled to a bill of
particulars, file and serve a notice demanding it. The notice shall point out
specifically the defects complained of or the details desired. The
pleader shall have 28 days to file and serve the bill of particulars, and
the party who requested the bill shall have 28 days to plead after being
served with the bill.
(b) If the pleader does not file and serve a bill of particulars within
28 days of the demand, or if the bill of particulars delivered is
insufficient, the court may, on motion and in its discretion, strike the
pleading, allow further time to furnish the bill of particulars or require
a more particular bill to be filed and served.
(c) If a bill of particulars, in an action based on a contract,
contains the statement of items of indebtedness and is verified by oath,
the items thereof are admitted except in so far as the opposite party
files an affidavit specifically denying them, and as to each item denied
states the facts upon which the denial is based, unless the affidavit is
excused by the court.
(d) If the party on whom a demand for a bill of particulars has been
made believes that the party demanding it is not entitled to the
particulars asked for, he or she may move the court that the demand be denied
or modified.
(Source: P.A. 86-646.)
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(735 ILCS 5/2-608) (from Ch. 110, par. 2-608)
Sec. 2-608.
Counterclaims.
(a) Any claim by one or
more defendants against one or more plaintiffs, or against one or more
codefendants, whether in the nature of setoff, recoupment, cross claim
or otherwise, and whether in tort or contract, for liquidated or
unliquidated damages, or for other relief, may be pleaded as a cross
claim in any action, and when so pleaded shall be called a
counterclaim.
(b) The counterclaim shall be a part of the answer, and shall be
designated as a counterclaim. Service of process on parties already
before the court is not necessary.
(c) Every counterclaim shall be pleaded in the same manner and with
the same particularity as a complaint, and shall be complete in itself,
but allegations set forth in other parts of the answer may be
incorporated by specific reference instead of being repeated.
(d) An answer to a counterclaim and pleadings subsequent thereto
shall be filed as in the case of a complaint and with like designation
and effect.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-609) (from Ch. 110, par. 2-609)
Sec. 2-609.
Supplemental pleadings.
Supplemental pleadings, setting up matters which
arise after the original pleadings are filed, may be filed within a
reasonable time by either party by leave of court and upon terms.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-610) (from Ch. 110, par. 2-610)
Sec. 2-610.
Pleadings to be specific.
(a) Every answer and
subsequent pleading shall contain an explicit admission or denial of
each allegation of the pleading to which it relates.
(b) Every allegation, except allegations of damages, not explicitly
denied is admitted, unless the party states in his or her pleading that he or she has
no knowledge thereof sufficient to form a belief, and attaches an
affidavit of the truth of the statement of want of knowledge, or unless
the party
has had no
opportunity to deny.
(c) Denials must not be evasive, but must fairly answer the
substance of the allegation denied.
(d) If a party wishes to raise an issue as to the amount of damages
only, he or she may do so by stating in his or her pleading that he or she
desires to contest
only the amount of the damages.
(Source: P.A. 83-354.)
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(735 ILCS 5/2-612) (from Ch. 110, par. 2-612)
Sec. 2-612.
Insufficient pleadings.
(a) If any pleading is insufficient in substance or form the court
may order a fuller or more particular statement. If the pleadings do not
sufficiently define the issues the court may order other pleadings
prepared.
(b) No pleading is bad in substance which contains such information
as reasonably informs the opposite party of the nature of the claim or
defense which he or she is called upon to meet.
(c) All defects in pleadings, either in form or substance, not
objected to in the trial court are waived.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-613) (from Ch. 110, par. 2-613)
Sec. 2-613.
Separate counts and defenses.
(a) Parties may plead as
many causes of action, counterclaims, defenses, and matters in reply
as they may have, and each shall be separately designated and
numbered.
(b) When a party is in doubt as to which of two or more statements
of fact is true, he or she may, regardless of consistency, state them in the
alternative or hypothetically in the same or different counts or
defenses. A bad alternative does not affect a good one.
(c) Defenses to jurisdiction of the subject matter or in abatement
or in bar may be pleaded together, without waiving any defense so
pleaded, but the court may order defenses to jurisdiction of the subject
matter or in abatement to be tried first. An answer containing only
defenses to jurisdiction of the subject matter or in abatement does not
constitute an admission of the facts alleged in the complaint,
counterclaim or third-party complaint.
(d) The facts constituting any affirmative defense, such as payment,
release, satisfaction, discharge, license, fraud, duress, estoppel,
laches, statute of frauds, illegality, that the negligence of a
complaining party contributed in whole or in part to the injury of which he
complains, that an
instrument or transaction
is either void or voidable in point of law, or cannot be recovered upon
by reason of any statute or by reason of nondelivery, want or failure of
consideration in whole or in part, and any defense which by other
affirmative matter seeks to avoid the legal effect of or defeat the
cause of action set forth in the complaint, counterclaim, or third-party
complaint, in whole or in part, and any ground or defense, whether
affirmative or not, which, if not expressly stated in the pleading,
would be likely to take the opposite party by surprise, must be plainly
set forth in the answer or reply.
(Source: P.A. 84-624.)
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(735 ILCS 5/2-614) (from Ch. 110, par. 2-614)
Sec. 2-614.
Joinder of causes of action and use of counterclaims.
(a)
Any plaintiff or plaintiffs may join any causes of
action, against any defendant or defendants; and the
defendant may set up in his or her answer any and all cross claims whatever,
whether in the nature of recoupment, setoff or otherwise, which shall be
designated counterclaims.
(b) The court may, in its discretion, order separate trial of any
causes of action, counterclaim or third-party claim if it cannot be
conveniently disposed of with the other issues in the case. Legal and
equitable issues may be tried together if no jury is employed.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-615) (from Ch. 110, par. 2-615)
Sec. 2-615.
Motions with respect to pleadings.
(a) All objections to pleadings shall be raised by motion. The
motion shall point out specifically the defects complained of, and shall
ask for appropriate relief, such as: that a pleading or portion thereof
be stricken because substantially insufficient in law, or that the
action be dismissed, or that a pleading be made more definite and
certain in a specified particular, or that designated immaterial matter
be stricken out, or that necessary parties be added, or that designated
misjoined parties be dismissed, and so forth.
(b) If a pleading or a division thereof is objected to by a motion
to dismiss or for judgment or to strike out the pleading, because it is
substantially insufficient in law, the motion must specify wherein the
pleading or division thereof is insufficient.
(c) Upon motions based upon defects in pleadings, substantial
defects in prior pleadings may be considered.
(d) After rulings on motions, the court may enter appropriate orders
either to permit or require pleading over or amending or to terminate
the litigation in whole or in part.
(e) Any party may seasonably move for judgment on the pleadings.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-616) (from Ch. 110, par. 2-616)
Sec. 2-616.
Amendments.
(a) At any time before final judgment amendments may be allowed on
just and reasonable terms, introducing any party who ought to have been
joined as plaintiff or defendant, dismissing any party,
changing the cause of action or defense or adding new causes
of action or defenses, and in any matter, either of form or substance,
in any process, pleading, bill of particulars or proceedings, which may
enable the plaintiff to sustain the claim for which it was intended to
be brought or the defendant to make a defense or assert a cross claim.
(b) The cause of action, cross claim or defense set up in any
amended pleading shall not be barred by lapse of time under any statute
or contract prescribing or limiting the time within which an action may
be brought or right asserted, if the time prescribed or limited had not
expired when the original pleading was filed, and if it shall appear
from the original and amended pleadings that the cause of action
asserted, or the defense or cross claim interposed in the amended
pleading grew out of the same transaction or occurrence set up in the
original pleading, even though the original pleading was defective in
that it failed to allege the performance of some act or the existence of
some fact or some other matter which is a necessary condition precedent
to the right of recovery or defense asserted, if the condition precedent
has in fact been performed, and for the purpose of preserving
the cause of action, cross claim or defense set up in the
amended pleading, and for that purpose only, an amendment to any
pleading shall be held to relate back to the date of the filing of the
original pleading so amended.
(c) A pleading may be amended at any time, before or after judgment,
to conform the pleadings to the proofs, upon terms as to costs and
continuance that may be just.
(d) A cause of action against a person not originally named a
defendant is not barred by lapse of time under any statute or contract
prescribing or limiting the time within which an action may be brought
or right asserted, if all the following terms and conditions are met:
(1) the time prescribed or limited had not expired when the original
action was commenced; (2) the person, within the time that the action might
have
been brought or the right asserted against him or her plus the time for
service permitted under Supreme Court Rule 103(b),
received such notice of the commencement
of the action that the person will not be prejudiced in maintaining a defense
on the merits and knew or should have known that, but for a mistake concerning
the identity of the proper party, the action would have been brought against
him or her; and (3) it appears
from the original and
amended pleadings that the cause of action asserted in the amended
pleading grew out of the same transaction or occurrence set up in the
original pleading, even though the original pleading was defective in
that it failed to allege the performance of some act or the existence of
some fact or some other matter which is a necessary condition precedent
to the right of recovery when the condition precedent has in fact been
performed, and even though the person was not named originally as a
defendant. For the purpose of preserving the cause of action under those
conditions, an amendment adding the person as a defendant relates back
to the date of the filing of the original pleading so amended.
(e) A cause of action against a beneficiary of a land trust not
originally named a defendant is not barred by lapse of time under any
statute or contract prescribing or limiting the time within which an action
may be brought or right asserted, if all the following terms and conditions
are met: (1) the cause of action arises from the ownership, use or
possession of real estate, record title whereto is held by a land trustee;
(2) the time prescribed or limited had not expired when the original action
was commenced; (3) the land trustee of record is named as a defendant; and
(4) the plaintiff proceeds with reasonable diligence subsequent to the
commencement of the action to serve process upon the land trustee, to
determine the identity of the beneficiary, and to amend the complaint to
name the beneficiary as a defendant.
(f) The changes made by this amendatory Act of the 92nd General Assembly
apply to all complaints filed on or after the effective date of this amendatory
Act, and to complaints filed before the effective date of this amendatory Act
if the limitation period has not ended before the effective date.
(Source: P.A. 92-116, eff. 1-1-02.)
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(735 ILCS 5/2-617) (from Ch. 110, par. 2-617)
Sec. 2-617.
Seeking wrong remedy not fatal.
Where relief is sought
and the court determines, on motion directed to the pleadings, or on motion
for summary judgment or upon trial, that the plaintiff has pleaded or established
facts which entitled the plaintiff to relief but that the plaintiff has
sought the wrong remedy, the
court shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court
shall consider the right of the defendant to assert additional defenses,
to demand a trial by jury, to plead a counterclaim or third party complaint,
and to order the plaintiff to take additional steps which were not required
under the pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-618) (from Ch. 110, par. 2-618)
Sec. 2-618.
Lost pleadings.
If any pleading or paper filed in a cause has been lost or mislaid,
the court may permit the filing of a copy authenticated by such
affidavits as the court may require.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-619) (from Ch. 110, par. 2-619)
Sec. 2-619.
Involuntary dismissal based upon certain defects or
defenses. (a) Defendant may, within the time for pleading, file a
motion for dismissal of the action or for other appropriate relief upon
any of the following grounds. If the grounds do not appear on the face
of the pleading attacked the motion shall be supported by affidavit:
(1) That the court does not have jurisdiction of the subject matter
of the action, provided the defect cannot be removed by a transfer of
the case to a court having jurisdiction.
(2) That the plaintiff does not have legal capacity to sue or that
the defendant does not have legal capacity to be sued.
(3) That there is another action pending between the same parties
for the same cause.
(4) That the cause of action is barred by a prior judgment.
(5) That the action was not commenced within the time limited by
law.
(6) That the claim set forth in the plaintiff's pleading
has been released, satisfied of record, or discharged in bankruptcy.
(7) That the claim asserted is unenforceable under the
provisions of the Statute of Frauds.
(8) That the claim asserted against defendant is
unenforceable because of his or her minority or other disability.
(9) That the claim asserted against defendant is barred by
other affirmative matter avoiding the legal effect of or defeating the
claim.
(b) A similar motion may be made by any other party against whom a
claim is asserted.
(c) If, upon the hearing of the motion, the opposite party presents
affidavits or other proof denying the facts alleged or establishing
facts obviating the grounds of defect, the court may hear and determine
the same and may grant or deny the motion. If a material and genuine
disputed question of fact is raised the court may decide the motion upon
the affidavits and evidence offered by the parties, or may deny the
motion without prejudice to the right to raise the subject matter of the
motion by answer and shall so deny it if the action is one in which a
party is entitled to a trial by jury and a jury demand has been filed by
the opposite party in apt time.
(d) The raising of any of the foregoing matters by motion under this
Section does not preclude the raising of them subsequently by answer
unless the court has disposed of the motion on its merits; and a failure
to raise any of them by motion does not preclude raising them by answer.
(e) Pleading over after denial by the court of a motion under this
Section is not a waiver of any error in the decision denying the motion.
(f) The form and contents of and procedure relating to affidavits
under this Section shall be as provided by rule.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-619.1) (from Ch. 110, par. 2-619.1)
Sec. 2-619.1.
Combined motions.
Motions with respect to
pleadings under Section 2-615, motions for involuntary dismissal
or other relief under Section 2-619, and motions for summary
judgment under Section 2-1005 may be filed together as a single
motion in any combination. A combined motion, however, shall be
in parts. Each part shall be limited to and shall specify that
it is made under one of Sections 2-615, 2-619, or 2-1005. Each
part shall also clearly show the points or grounds relied upon
under the Section upon which it is based.
(Source: P.A. 86-1156.)
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(735 ILCS 5/2-620) (from Ch. 110, par. 2-620)
Sec. 2-620.
Practice on motions.
The form and contents of motions, notices regarding the same,
hearings on motions, and all other matters of procedure relative
thereto, shall be according to rules.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-621) (from Ch. 110, par. 2-621)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-621.
Product liability actions.
(a) In any product liability
action based on any theory or doctrine commenced or maintained against a
defendant or defendants other than
the manufacturer, that party shall upon answering or otherwise pleading
file an affidavit certifying the correct identity of the manufacturer of
the product allegedly causing injury, death or damage. The commencement
of a product liability action based on any theory or doctrine against such
defendant or defendants shall toll
the applicable statute of limitation and statute of repose relative to the
defendant or defendants for purposes of asserting a strict liability in
tort cause of action.
(b) Once the plaintiff has filed a complaint against the manufacturer
or manufacturers, and the manufacturer or manufacturers have or are required
to have answered or otherwise pleaded, the court shall order the dismissal
of a product liability action based on any theory or doctrine against the
certifying defendant or
defendants, provided the certifying defendant or defendants are not within
the categories set forth in subsection (c) of this Section. Due diligence
shall be exercised by the certifying defendant or defendants in providing
the plaintiff with the correct identity of the manufacturer or manufacturers,
and due diligence shall be exercised by the plaintiff in filing an action
and obtaining jurisdiction over the manufacturer or manufacturers.
The plaintiff may at any time subsequent to the dismissal move to vacate
the order of dismissal and reinstate the certifying defendant or defendants,
provided plaintiff can show one or more of the following:
(1) That the applicable period of statute of | ||
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(2) That the identity of the manufacturer given to | ||
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(3) That the manufacturer no longer exists, cannot be | ||
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(4) That the manufacturer is unable to satisfy any | ||
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(5) That the court determines that the manufacturer | ||
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(c) A court shall not enter a dismissal order relative to any certifying
defendant or defendants other than the manufacturer even though full compliance
with subsection (a) of this Section has been made where the plaintiff can
show one or more of the following:
(1) That the defendant has exercised some significant | ||
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(2) That the defendant had actual knowledge of the | ||
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(3) That the defendant created the defect in the | ||
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(d) Nothing contained in this Section shall be construed to grant a cause
of action on any legal theory
or doctrine, or to affect
the right of any person to seek and obtain indemnity or contribution.
(e) This Section applies to all causes of action accruing on or after
September 24, 1979.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-621.
Product liability actions.
(a) In any product liability action based in whole or in part on the
doctrine of strict liability in
tort commenced or maintained against a defendant or defendants other than
the manufacturer, that party shall upon answering or otherwise pleading
file an affidavit certifying the correct identity of the manufacturer of
the product allegedly causing injury, death or damage. The commencement
of a product liability action based in whole or
in part on the doctrine
of strict liability in tort against such defendant or defendants shall toll
the applicable statute of limitation and statute of repose relative to the
defendant or defendants for purposes of asserting a strict liability in
tort cause of action.
(b) Once the plaintiff has filed a complaint against the manufacturer
or manufacturers, and the manufacturer or manufacturers have or are required
to have answered or otherwise pleaded, the court shall order the dismissal
of a strict
liability in tort claim against the certifying defendant or
defendants, provided the certifying defendant or defendants are not within
the categories set forth in subsection (c) of this Section. Due diligence
shall be exercised by the certifying defendant or defendants in providing
the plaintiff with the correct identity of the manufacturer or manufacturers,
and due diligence shall be exercised by the plaintiff in filing an action
and obtaining jurisdiction over the manufacturer or manufacturers.
The plaintiff may at any time subsequent to the dismissal move to vacate
the order of dismissal and reinstate the certifying defendant or defendants,
provided plaintiff can show one or more of the following:
(1) That the applicable period of statute of limitation or statute of
repose bars the assertion of a strict liability in tort cause of action
against the manufacturer or manufacturers of the product allegedly causing
the injury, death or damage; or
(2) That the identity of the manufacturer given to the plaintiff by the
certifying defendant or defendants was incorrect. Once the correct identity
of the manufacturer has been given by the certifying defendant or defendants
the court shall again dismiss the certifying defendant or defendants; or
(3) That the manufacturer no longer exists, cannot be subject to the
jurisdiction
of the courts of this State, or, despite due diligence, the manufacturer
is not amenable to service of process; or
(4) That the manufacturer is unable to satisfy any judgment as determined
by the court; or
(5) That the court determines that the manufacturer would be unable to
satisfy a reasonable settlement or other agreement with plaintiff.
(c) A court shall not enter a dismissal order relative to any certifying
defendant or defendants other than the manufacturer even though full compliance
with subsection (a) of this Section has been made where the plaintiff can
show one or more of the following:
(1) That the defendant has exercised some significant control over the
design or manufacture of the product, or has provided instructions or warnings
to the manufacturer relative to the alleged defect in the product which
caused the injury, death or damage; or
(2) That the defendant had actual knowledge of the defect in the product
which caused the injury, death or damage; or
(3) That the defendant created the defect in the product which caused
the injury, death or damage.
(d) Nothing contained in this Section shall be construed to grant a cause
of action in strict liability in tort or any other legal theory, or to affect
the right of any person to seek and obtain indemnity or contribution.
(e) This Section applies to all causes of action accruing on or after
September 24, 1979.
(Source: P.A. 84-1043.)
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(735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
Sec. 2-622. Healing art malpractice.
(a) In any action, whether in
tort, contract or otherwise, in which the plaintiff seeks damages for
injuries or death by reason of medical, hospital, or other healing art
malpractice, the plaintiff's attorney or the plaintiff, if the plaintiff is
proceeding pro se, shall file an affidavit, attached to the original and
all copies of the complaint, declaring one of the following:
1. That the affiant has consulted and reviewed the | ||
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2. That the affiant was unable to obtain a | ||
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3. That a request has been made by the plaintiff or | ||
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(b)
Where
a certificate and written report are required pursuant to this
Section a separate
certificate and written report shall be filed as to each
defendant who has been named in the complaint and shall be filed as to each
defendant named at a later time.
(c)
Where the plaintiff intends to rely on the doctrine of "res ipsa
loquitur", as defined by Section 2-1113 of this Code, the
certificate and
written report must state that, in the opinion of the reviewing health
professional, negligence has occurred in the course of medical treatment.
The affiant shall certify upon filing of the complaint that he is relying
on the doctrine of "res ipsa loquitur".
(d)
When the attorney intends to rely on the doctrine of failure to
inform of the consequences of the procedure, the attorney shall certify
upon the filing of the complaint that the reviewing health professional
has, after reviewing the medical record and other relevant materials involved
in the particular action, concluded that a reasonable health professional
would have informed the patient of the consequences of the procedure.
(e)
Allegations and denials in the affidavit, made without reasonable
cause and found to be untrue, shall subject the party pleading them or his
attorney, or both, to the payment of reasonable expenses, actually incurred
by the other party by reason of the untrue pleading, together with
reasonable attorneys' fees to be summarily taxed by the court upon motion
made within 30 days of the judgment or dismissal. In no event shall the
award for attorneys' fees and expenses exceed those actually paid by the
moving party, including the insurer, if any. In proceedings under this
paragraph (e), the moving party shall have the right to depose and examine
any and all reviewing health professionals who prepared reports used in
conjunction with an affidavit required by this Section. (f)
A reviewing health professional who in good faith prepares a report
used in conjunction with an affidavit required by this Section shall have
civil immunity from liability which otherwise might result from the
preparation of such report.
(g)
The failure
to file a certificate required by
this Section shall be
grounds for dismissal
under Section 2-619.
(h) (Blank).
(i) (Blank).
(Source: P.A. 97-1145, eff. 1-18-13; 98-214, eff. 8-9-13.) |
(735 ILCS 5/2-623)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-623.
Certificate of merit; product liability.
(a) In a product liability action, as defined in Section 2-2101, in which
the
plaintiff seeks
damages for harm,
the plaintiff's attorney or the plaintiff, if the plaintiff is proceeding pro
se, shall file an affidavit, attached to the original and all copies of the
complaint, declaring one of the following:
(1) That the affiant has consulted and reviewed the | ||
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(A) In an action based on strict liability in | ||
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(i) identify specific defects in the product | ||
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(ii) contain a determination that the product | ||
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(B) In any other product liability action, the | ||
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(C) In any product liability action, the report | ||
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(2) That the plaintiff has not previously voluntarily | ||
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(b) When the defective condition referred to in the written report required
under paragraph (1) of subsection (a) is based on a design defect, the affiant
shall further state that the qualified expert, as defined in subsection (c),
has
identified in the written report required under subsection (a) either: (i) a
feasible alternative design that existed at the time the product left the
manufacturer's control; or (ii) an applicable government or industry standard
to which the product did not conform.
(c) A qualified expert, for the purposes of subsections (a) and (b), is
someone who possesses scientific, technical, or other specialized knowledge
regarding the product at issue or similar products and who is qualified to
prepare the report required by subsections (a) and (b).
(d) A copy of the written report required by subsections (a) and (b) shall
be attached to the original and all copies of the complaint. The report shall
include the name and address of the expert.
(e) The failure to file an affidavit required by subsections (a) and (b)
shall be grounds for dismissal under Section 2-619.
(f) Any related allegations concerning healing art malpractice must include
an affidavit under Section 2-622.
(g) This amendatory Act of 1995 applies only to causes of action filed on
or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-624)
Sec. 2-624. (Repealed).
(Source: P.A. 89-7, eff. 3-9-95. Repealed by P.A. 97-1145, eff. 1-18-13.)
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(735 ILCS 5/Art. II Pt. 7 heading) Part 7.
Action for Declaratory Judgment
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(735 ILCS 5/2-701) (from Ch. 110, par. 2-701)
Sec. 2-701.
Declaratory judgments.
(a) No action or proceeding is
open to objection on the ground that a merely declaratory judgment or
order is sought thereby. The court may, in cases of actual controversy,
make binding declarations of rights, having the force of final
judgments, whether or not any consequential relief is or could be
claimed, including the determination, at the instance of anyone
interested in the controversy, of the construction of any statute,
municipal ordinance, or other governmental regulation, or of any deed,
will, contract or other written instrument, and a declaration of the
rights of the parties interested. The foregoing enumeration does not
exclude other cases of actual controversy. The court shall refuse to
enter a declaratory judgment or order, if it appears that the judgment
or order, would not terminate the controversy or some part thereof,
giving rise to the proceeding. In no event shall the court entertain
any action or proceeding for a declaratory judgment or order involving
any political question where the defendant is a State officer whose
election is provided for by the Constitution; however, nothing herein
shall prevent the court from entertaining any such action or proceeding
for a declaratory judgment or order if such question also involves a
constitutional convention or the construction of a statute involving a
constitutional convention.
(b) Declarations of rights, as herein provided
for, may be obtained by means of a pleading seeking that relief alone,
or as incident to or part of a complaint, counterclaim or other pleading
seeking other relief as well, and if a declaration of rights is the only
relief asked, the case may be set for early hearing as in the case of a
motion.
(c) If further relief based upon a declaration of right becomes
necessary or proper after the declaration has been made, application may
be made by petition to any court having jurisdiction for an order
directed to any party or parties whose rights have been determined by
the declaration to show cause why the further relief should not be
granted forthwith, upon reasonable notice prescribed by the court in its
order.
(d) If a proceeding under this Section involves the determination of
issues of fact triable by a jury, they shall be tried and determined in
the same manner as issues of fact are tried and determined in other
civil actions in the court in which the proceeding is pending.
(e) Unless the parties agree by stipulation as to the allowance
thereof, costs in proceedings authorized by this Section shall be
allowed in accordance with rules. In the absence of rules the practice
in other civil actions shall be followed if applicable, and if not
applicable, the costs may be taxed as to the court seems just.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-702) (Text of Section before amendment by P.A. 103-1046) Sec. 2-702. Petition for a certificate of innocence that the petitioner was innocent of all offenses for which he or she was incarcerated. (a) The General Assembly finds and declares that innocent persons who have been wrongly convicted of crimes in Illinois and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons should have an available avenue to obtain a finding of innocence so that they may obtain relief through a petition in the Court of Claims. The General Assembly further finds misleading the current legal nomenclature which compels an innocent person to seek a pardon for being wrongfully incarcerated. It is the intent of the General Assembly that the court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted pursuant to this Section, shall, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf. (b) Any person convicted and subsequently imprisoned for one or more felonies by the State of Illinois which he or she did not commit may, under the conditions hereinafter provided, file a petition for certificate of innocence in the circuit court of the county in which the person was convicted. The petition shall request a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. (c) In order to present the claim for certificate of innocence of an unjust conviction and imprisonment, the petitioner must attach to his or her petition documentation demonstrating that: (1) he or she has been convicted of one or more | ||
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(2) his or her judgment of conviction was reversed or | ||
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(3) his or her claim is not time barred by the | ||
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(d) The petition shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the offenses charged in the indictment or information or his or her acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State of Illinois, and the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction. The petition shall be verified by the petitioner. (e) A copy of the petition shall be served on the Attorney General and the State's Attorney of the county where the conviction was had. The Attorney General and the State's Attorney of the county where the conviction was had shall have the right to intervene as parties. (f) In any hearing seeking a certificate of innocence, the court may take judicial notice of prior sworn testimony or evidence admitted in the criminal proceedings related to the convictions which resulted in the alleged wrongful incarceration, if the petitioner was either represented by counsel at such prior proceedings or the right to counsel was knowingly waived. (g) In order to obtain a certificate of innocence the petitioner must prove by a preponderance of evidence that: (1) the petitioner was convicted of one or more | ||
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(2)(A) the judgment of conviction was reversed or | ||
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(3) the petitioner is innocent of the offenses | ||
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(4) the petitioner did not by his or her own conduct | ||
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(h) If the court finds that the petitioner is entitled to a
judgment, it shall enter a certificate of innocence finding that
the petitioner was innocent of all offenses for which he or she was incarcerated. Upon entry of the certificate of innocence or pardon from the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned, (1) the clerk of the court shall transmit a copy of the certificate of innocence to the clerk of the Court of Claims, together with the claimant's current address; and (2) the court shall enter an order expunging the record of arrest from the
official records of the
arresting authority and order that the records of the clerk of the circuit
court and the Illinois State Police be sealed until further order of the court upon good cause shown
or as otherwise provided
herein, and the name of the defendant obliterated from the official index
requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts Act in connection
with the arrest and
conviction for the offense but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. All records sealed by the Illinois State Police may be
disseminated by the Department only as required by law or to the arresting
authority, the State's Attorney, the court upon a later arrest for the same or
similar offense, or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person whose records were expunged and
sealed. (i) Any person seeking a certificate of innocence under this
Section based on the dismissal of an indictment or information
or acquittal that occurred before the effective date of this
amendatory Act of the 95th General Assembly shall file his or
her petition within 2 years after the effective date of this
amendatory Act of the 95th General Assembly. Any person seeking
a certificate of innocence under this Section based on the
dismissal of an indictment or information or acquittal that
occurred on or after the effective date of this amendatory Act
of the 95th General Assembly shall file his or her petition
within 2 years after the dismissal. (j) The decision to grant or deny a certificate of innocence shall be binding only with respect to claims filed in the Court of Claims and shall not have a res judicata effect on any other proceedings.(Source: P.A. 102-538, eff. 8-20-21.) (Text of Section after amendment by P.A. 103-1046) Sec. 2-702. Petition for a certificate of innocence that the petitioner was innocent of all offenses for which he or she was incarcerated. (a) The General Assembly finds and declares that innocent persons who have been wrongly convicted of crimes in Illinois and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons should have an available avenue to obtain a finding of innocence so that they may obtain relief through a petition in the Court of Claims. The General Assembly further finds misleading the current legal nomenclature which compels an innocent person to seek a pardon for being wrongfully incarcerated. It is the intent of the General Assembly that the court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted pursuant to this Section, shall, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf. (b) Any person convicted and subsequently imprisoned for one or more felonies by the State of Illinois which he or she did not commit may, under the conditions hereinafter provided, file a petition for certificate of innocence in the circuit court of the county in which the person was convicted. The petition shall request a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. (c) In order to present the claim for certificate of innocence of an unjust conviction and imprisonment, the petitioner must attach to his or her petition documentation demonstrating that: (1) he or she has been convicted of one or more | ||
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(2) his or her judgment of conviction was reversed or | ||
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(3) his or her claim is not time barred by the | ||
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(d) The petition shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the offenses charged in the indictment or information or his or her acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State of Illinois, and the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction. The petition shall be verified by the petitioner. (e) A copy of the petition shall be served on the Attorney General and the State's Attorney of the county where the conviction was had. The Attorney General and the State's Attorney of the county where the conviction was had shall have the right to intervene as parties. (f) In any hearing seeking a certificate of innocence, the court may take judicial notice of prior sworn testimony or evidence admitted in the criminal proceedings related to the convictions which resulted in the alleged wrongful incarceration, if the petitioner was either represented by counsel at such prior proceedings or the right to counsel was knowingly waived. (g) In order to obtain a certificate of innocence the petitioner must prove by a preponderance of evidence that: (1) the petitioner was convicted of one or more | ||
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(2)(A) the judgment of conviction was reversed or | ||
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(3) the petitioner is innocent of the offenses | ||
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(4) the petitioner did not by his or her own conduct | ||
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(h) If the court finds that the petitioner is entitled to a judgment, it shall enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. Upon entry of the certificate of innocence or pardon from the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned, (1) the clerk of the court shall transmit a copy of the certificate of innocence to the clerk of the Court of Claims, together with the claimant's current address; and (2) the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions. All records sealed by the Illinois State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual. Upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed. The clerk shall post in the common areas of the courthouse a notice containing information about grants for exonerated persons and their dependents under Section 62 of the Higher Education Student Assistance Act, including the Internet address of the Illinois Student Assistance Commission. The Illinois Student Assistance Commission shall develop a uniform statewide notice and provide the format of the notice to each clerk. (i) Any person seeking a certificate of innocence under this Section based on the dismissal of an indictment or information or acquittal that occurred before the effective date of this amendatory Act of the 95th General Assembly shall file his or her petition within 2 years after the effective date of this amendatory Act of the 95th General Assembly. Any person seeking a certificate of innocence under this Section based on the dismissal of an indictment or information or acquittal that occurred on or after the effective date of this amendatory Act of the 95th General Assembly shall file his or her petition within 2 years after the dismissal. (j) The decision to grant or deny a certificate of innocence shall be binding only with respect to claims filed in the Court of Claims and shall not have a res judicata effect on any other proceedings.(Source: P.A. 102-538, eff. 8-20-21; 103-1046, eff. 1-1-25.) |
(735 ILCS 5/Art. II Pt. 8 heading) Part 8.
Class Action
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(735 ILCS 5/2-801) (from Ch. 110, par. 2-801)
Sec. 2-801.
Prerequisites for the maintenance of a class action.
An action may be maintained as a class action in any court of this State
and a party may sue or be sued as a representative party of the class
only if the court finds:
(1) The class is so numerous that joinder of all members is
impracticable.
(2) There are questions of fact or law common to the class, which
common questions predominate over any questions affecting only
individual members.
(3) The representative parties will fairly and adequately protect
the interest of the class.
(4) The class action is an appropriate method for the fair and
efficient adjudication of the controversy.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-802) (from Ch. 110, par. 2-802)
Sec. 2-802.
Order and findings relative to the class.
(a) Determination of Class. As soon as practicable after the
commencement of an action brought as a class action, the court shall
determine by order whether it may be so maintained and describe those
whom the court finds to be members of the class. This order may be
conditional and may be amended before a decision on the merits.
(b) Class Action on Limited Issues and Sub-classes. When
appropriate, an action may be brought or maintained as a class action
with respect to particular issues, or divided into sub-classes and each
sub-class treated as a class. The provisions of this rule shall then be
construed and applied accordingly.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-803) (from Ch. 110, par. 2-803)
Sec. 2-803.
Notice in class cases.
Upon a determination that an
action may be maintained as a class action, or at any time during the
conduct of the action, the court in its discretion may order such notice
that it deems necessary to protect the interests of the class and the
parties.
An order entered under subsection (a) of Section 2-802
of this Act, determining
that an action may be maintained as a class action, may be conditioned
upon the giving of such notice as the court deems appropriate.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-804) (from Ch. 110, par. 2-804)
Sec. 2-804.
Intervention by and exclusion of class members.
(a) Intervention. Any class member seeking to intervene or
otherwise appear in the action may do so with leave of court and such
leave shall be liberally granted except when the court finds that such
intervention will disrupt the conduct of the action or otherwise
prejudice the rights of the parties or the class.
(b) Exclusion. Any class member seeking to be excluded from a class
action may request such exclusion and any judgment entered in the action
shall not apply to persons who properly request to be excluded.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-805) (from Ch. 110, par. 2-805)
Sec. 2-805.
Judgments in class cases.
Any judgment entered in a class action brought under Section 2-801
of this Act shall be binding on all class members, as the class is defined by the
court, except those who have been properly excluded from the class under
subsection (b) of Section 2-804 of this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-806) (from Ch. 110, par. 2-806)
Sec. 2-806.
Dismissal or compromise of class cases.
Any action brought as a class action under Section 2-801 of this Act shall not be
compromised or dismissed except with the approval of the court and,
unless excused for good cause shown, upon notice as the court may
direct.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-807) Sec. 2-807. Residual funds in a common fund created in a class action. (a) Definitions. As used in this Section: "Eligible organization" means a not-for-profit organization that: (i) has been in existence for no less than 3 years; (ii) has been tax exempt for no less than 3 years | ||
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(iii) is in compliance with registration and filing | ||
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(iv) has a principal purpose of promoting or | ||
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"Residual funds" means all unclaimed funds, including uncashed checks or other unclaimed payments, that remain in a common fund created in a class action after court-approved payments are made for the following: (i) class member claims; (ii) attorney's fees and costs; and (iii) any reversions to a defendant agreed upon by | ||
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(b) Settlement. An order approving a proposed settlement of a class action that results in the creation of a common fund for the benefit of the class shall, consistent with the other Sections of this Part, establish a process for the administration of the settlement and shall provide for the distribution of any residual funds to one or more eligible organizations, except that up to 50% of the residual funds may be distributed to one or more other nonprofit charitable organizations or other organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of a settlement. (c) Judgment. A judgment in favor of the plaintiff in a class action that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to one or more eligible organizations. (d) State and its political subdivisions. This Section does not apply to any class action lawsuit against the State of Illinois or any of its political subdivisions. (e) Application. This Section applies to all actions commenced on or after the effective date of this amendatory Act of the 95th General Assembly and to all actions pending on the effective date of this amendatory Act of the 95th General Assembly for which no court order has been entered preliminarily approving a proposed settlement for a class of plaintiffs.
(Source: P.A. 95-479, eff. 7-1-08.) |
(735 ILCS 5/Art. II Pt. 9 heading) Part 9.
Action on Penal Bond
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(735 ILCS 5/2-901) (from Ch. 110, par. 2-901)
Sec. 2-901.
Actions on penal bonds.
In an action on a penal bond the plaintiff may allege as many
breaches as the plaintiff may think fit. Damages shall be assessed for the breaches
which are proved. The judgment for the penalty stands as security for
all other breaches which may occur thereafter. The court may at any
time thereafter, upon motion of plaintiff and 10 days' notice, assess
damages for each subsequent breach. An order shall be entered after each
assessment of damages for the enforcement of the judgment for the amount of
the additional damages assessed, until the full amount of the judgment
is paid.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. II Pt. 10 heading) Part 10.
Pre-trial Steps
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(735 ILCS 5/2-1001) (from Ch. 110, par. 2-1001)
Sec. 2-1001. Substitution of judge. (a) A substitution of judge in any civil action may be had in the following
situations:
(1) Involvement of judge. When the judge is a party | ||
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(2) Substitution as of right. When a party timely | ||
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(i) Each party shall be entitled to one | ||
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(ii) An application for substitution of judge as | ||
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(iii) If any party has not entered an appearance | ||
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(3) Substitution for cause. When cause exists.
(i) Each party shall be entitled to a | ||
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(ii) Every application for substitution of judge | ||
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(iii) Upon the filing of a petition for | ||
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(4) Substitution in contempt proceedings. When any | ||
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(b) An application for substitution of judge may be made to the court in
which the case is pending, reasonable notice of the application having been
given to the adverse party or his or her attorney.
(c) When a substitution of judge is granted, the case may be assigned to
some other judge in the same county, or in some other convenient county, to
which there is no valid objection. If the case is assigned to a judge in some
other county, the provisions of subsections (f) through (m) of Section 2-1001.5
shall apply.
(Source: P.A. 94-531, eff. 1-1-06.)
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(735 ILCS 5/2-1001.5) (from Ch. 110, par. 2-1001.5)
Sec. 2-1001.5.
Change of venue.
(a) A change of venue in any civil action may be had when the court
determines that any party may not receive a fair trial in the court in
which the action is pending because the inhabitants of the county are
prejudiced against the party, or his or her attorney, or the adverse party
has an undue influence over the minds of the inhabitants.
(b) Every application for a change of venue by a party or his or her
attorney shall be by petition, verified by the affidavit of the applicant. The
petition shall set forth the facts upon which the petitioner bases his or her
belief of prejudice of the inhabitants of the county or the undue influence of
the adverse party over their minds, and must be supported by the affidavits of
at least 2 other reputable persons residing in the county. The adverse party
may controvert the petition by counter affidavits, and the court may grant or
deny the petition as shall appear to be according to the right of the case.
(c) A petition for change of venue shall not be granted unless it is
presented before trial or hearing begins and before the judge to whom it is
presented has ruled on any substantial issue in the case, but if any ground
for change of venue occurs thereafter, a petition for change of venue
may be presented based upon that ground.
(d) The application may be made to the court in which the case is pending,
reasonable notice thereof having been given to the adverse party or his or her
attorney.
(e) When a change of venue is granted, it shall be to some other
convenient county to which there is no valid objection.
(f) The order for a change of venue may be made subject to such equitable
terms and conditions as safety to the rights of the parties may seem to
require, and the court in its discretion may prescribe.
(g) The expenses attending a change of venue shall be taxed by the clerk
of the court from which the case is certified according to the rates
established by law for like services, and shall be paid by the petitioner and
not allowed as part of the costs in the action.
(h) The order shall be void unless the party obtaining a change of venue
shall, within 15 days, or such shorter time as the court may prescribe,
pay to the clerk the expenses attending the change.
(i) Where the venue is changed without the application of either party,
the costs of such change shall abide the event of the action.
(j) In all cases of change of venue, the clerk of the court from which
the change is granted shall immediately prepare a full transcript of the
record and proceedings in the case, and of the petition, affidavits and
order for the change of venue, and transmit the same, together with all
the papers filed in the case, to the proper court, but when the venue is
changed, on behalf of a part of the defendants in a condemnation proceeding,
it shall not be necessary to transmit the original papers in the case, and
it shall be sufficient to transmit certified copies of so much thereof as
pertains to the case so changed. Such transcript and papers or copies may
be transmitted by mail, or in such other ways as the court may direct.
(k) The clerk of the court to which the change of venue is granted shall
file the transcript and papers transmitted and docket the cause, and such
cause shall be proceeded in and determined before and after judgment, as
if it had originated in such court.
(l) All questions concerning the regularity of the proceedings in a change
of venue, and the right of the court to which the change is made to try
the cause and enforce the judgment, shall be considered as waived after
trial and verdict.
(m) Upon the entry of judgment of any civil cause in which the venue has
been changed, it shall be lawful for the party in whose favor judgment is
entered, to file in the office of the clerk of the court where the action
was instituted a transcript of such judgment, and the clerk shall file the same
of record, and enforcement may be had thereon, and the same shall, from
the time of filing such transcript, have the same operation and effect as
if originally recovered in such court.
(Source: P.A. 87-949.)
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(735 ILCS 5/2-1003) (from Ch. 110, par. 2-1003)
Sec. 2-1003. Discovery and depositions. (a) Discovery, such as admissions of
fact and of genuineness of documents, physical and mental examinations of parties and other persons, the taking of any depositions, and interrogatories,
shall be in accordance with rules.
(b) (Blank).
(c) (Blank).
(d) Whenever the defendant in any litigation in this State has the right
to demand a physical or mental examination of the plaintiff pursuant to
statute or Supreme Court Rule, relative to the occurrence and extent of
injuries or damages for which claim is made, or in connection with the
plaintiff's capacity to exercise any right plaintiff has, or would have
but for a finding based upon such examination, the plaintiff has the
right to have his or her attorney, or such other person as the plaintiff
may wish, present at such physical or mental examination. The plaintiff also has the right to designate an additional person to be present and video record the examination. The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.
(e) No person or organization shall be required to furnish claims,
loss or risk management information held or provided by an insurer, which
information is described in Section 143.10a of the "Illinois Insurance Code".
(Source: P.A. 103-388, eff. 7-28-23.)
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(735 ILCS 5/2-1004) (from Ch. 110, par. 2-1004)
Sec. 2-1004.
Pretrial procedure.
The holding of pretrial conferences shall be in accordance with
rules.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1005) (from Ch. 110, par. 2-1005)
Sec. 2-1005.
Summary judgments.
(a) For plaintiff. Any time after the
opposite party has appeared or after the time within which he or she is
required to appear has expired, a plaintiff may move with or without
supporting affidavits for a summary judgment in his or her favor for all or any
part of the relief sought.
(b) For defendant. A defendant may, at any time, move with or
without supporting affidavits for a summary judgment in his or her favor as to
all or any part of the relief sought against him or her.
(c) Procedure. The opposite party may prior to or at the time of
the hearing on the motion file counteraffidavits. The judgment sought
shall be rendered without delay if the pleadings, depositions, and
admissions on file, together with the affidavits, if any, show that
there is no genuine issue as to any material fact and that the moving
party is entitled to a judgment as a matter of law. A summary judgment,
interlocutory in character, may be rendered on the issue of liability
alone although there is a genuine issue as to the amount of damages.
(d) Summary determination of major issues. If the court determines
that there is no genuine issue of material fact as to one or more of the
major issues in the case, but that substantial controversy exists with
respect to other major issues, or if a party moves for a summary
determination of one or more, but less than all, of the major issues in the
case, and the court finds that there is no genuine issue of material fact
as to that issue or those issues, the court shall thereupon draw an order
specifying the major issue or issues that appear without substantial
controversy, and directing such further proceedings upon the remaining
undetermined issues as are just. Upon the trial of the case, the facts so
specified shall be deemed established, and the trial shall be conducted accordingly.
(e) Form of affidavits. The form and contents of and procedure
relating to affidavits under this Section shall be as provided by rule.
(f) Affidavits made in bad faith. If it appears to the satisfaction
of the court at any time that any affidavit presented pursuant to this
Section is presented in bad faith or solely for the purpose of delay,
the court shall without delay order the party employing it to pay to the
other party the amount of the reasonable expenses which the filing of
the affidavit caused him or her to incur, including reasonable attorney's fees,
and any offending party or attorney may be adjudged guilty of contempt.
(g) Amendment of pleading. Before or after the entry of a summary
judgment, the court shall permit pleadings to be amended upon just and
reasonable terms.
(Source: P.A. 84-316.)
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(735 ILCS 5/2-1006) (from Ch. 110, par. 2-1006)
Sec. 2-1006.
Consolidation and severance of cases.
An action may be severed, and actions pending in the same court may
be consolidated, as an aid to convenience, whenever it can be done
without prejudice to a substantial right.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1007) (from Ch. 110, par. 2-1007)
Sec. 2-1007.
Extension of time and continuances.
On good cause shown, in the discretion of the court and on just
terms, additional time may be granted for the doing of any act or the
taking of any step or proceeding prior to judgment.
The circumstances, terms and conditions under which continuances may
be granted, the time and manner in which application therefor shall be
made, and the effect thereof, shall be according to rules. However, in
actions involving building code violations or violations of municipal ordinances
caused by the failure of a building or structure to conform to the minimum
standards of health and safety, the court shall grant a continuance only
upon a written motion by the party seeking the continuance specifying the
reason why such continuance should be granted.
It is sufficient cause for the continuance of any action that any
party applying therefor or his or her attorney is a member of either house of
the General Assembly during the time the General Assembly is in session,
or if any party's
attorney is a bona fide member of a religious faith that dictates
that the individual refrain from normal business activity or attend
religious services as a part of the observance of a religious holiday and requests
a continuance to observe such religious holiday when the date of a
scheduled court proceeding conflicts with the date of such holiday,
or if any party
applying therefor or his or her attorney is a delegate to a
State Constitutional Convention during the time the Constitutional
Convention is in session, if the presence of such party is necessary for
the full and fair trial of the action and, in the case of his or her attorney,
if such attorney was retained by such party prior to the time the cause
was set for trial.
(Source: P.A. 84-931.)
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(735 ILCS 5/2-1007.1) (from Ch. 110, par. 2-1007.1)
Sec. 2-1007.1. Preference in setting for trial. (a) A party who is
an individual or, in the case of a wrongful death action, is the surviving spouse or next of kin and who has
reached the age of 67 years shall, upon motion by that party or the administrator of the estate of the deceased person or special administrator, be entitled
to preference in setting for trial, which shall commence within one year of the hearing on the motion, unless the court finds that the party
does not have a substantial interest in the case as a whole. The trial setting shall apply only to the moving party and to those defendants who have appeared and answered the complaint at the time notice of the motion for preference in setting for trial is served. If any new party is added to a lawsuit after the setting of a trial under this Section, any party may move the court to amend the trial setting to allow for trial to commence up to one year after the date a new defendant appeared and answered the complaint or up to one year after the date a plaintiff was added to the lawsuit.
(b) The court shall grant a motion for preference in
setting for trial where a party or, in the case of a wrongful death action, the surviving spouse or next of kin shows substantial physical or financial hardship or alternatively shows good cause that the interests of
justice will be served by granting a preference in setting for trial within one year of the hearing on the motion. (c) Any party may move for a trial continuance of up to 6 months for good cause shown. Any subsequent motions for trial continuance under this Section shall be granted only to the extent necessary for trial to commence as soon as practicable. (d) The changes to this Section by this amendatory Act of the 103rd General Assembly apply to actions commenced or pending on or after the effective date of this amendatory Act of the 103rd General Assembly.
(Source: P.A. 103-388, eff. 7-28-23.)
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(735 ILCS 5/2-1008) (from Ch. 110, par. 2-1008)
Sec. 2-1008.
Abatement;
change of interest or liability; substitution of
parties.
(a) Change of interest or liability. If by reason of marriage,
bankruptcy, assignment, or any other event occurring after the
commencement of a cause or proceeding, either before or after judgment,
causing a change or transmission of interest or liability, or by reason
of any person interested coming into existence after commencement of the
action, it becomes necessary or desirable that any person not already a
party be before the court, or that any person already a party be made
party in another capacity, the action does not abate, but on motion an
order may be entered that the proper parties be substituted or added,
and that the cause or proceeding be carried on with the remaining
parties and new parties, with or without a change in the title of the
cause.
(b) Death. If a party to an action dies and the action is one which
survives, the proper party or parties may be substituted by order of
court upon motion as follows:
(1) If no petition for letters of office for the | ||
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(2) If a person against whom an action has been | ||
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If a motion to substitute is not
filed within 90 days
after the death is suggested of record, the action may be dismissed as
to the deceased party.
In the event of the death of a party in an action in which the right
sought to be enforced survives only as to the remaining parties to the
action, the action does not abate. The death shall be suggested of
record and the action shall proceed in favor of or against the remaining
parties.
No action brought for the use of another abates by reason of the
death of the plaintiff whose name is used but may be maintained by the
party for whose use it was brought in his or her own name upon suggesting the
death of record and the entry of an order of substitution.
(c) Legal disability. If a party is declared to be a person under legal
disability, that fact
shall be suggested of record and the prosecution or defense shall be
maintained by his or her representative, guardian ad litem or next friend, as
may be appropriate.
(d) Trustees; public officers. If any trustee or any public officer
ceases to hold the trust or office and that fact is suggested of record,
the action shall proceed in favor of or against his or her successor.
(e) Service of process. Parties against whom relief is sought,
substituted under subsection (a) hereof, shall be brought in by service
of process. Service of process on parties substituted under subsections
(b), (c), and (d) hereof is not required, but notice shall be given as
the court may direct.
(Source: P.A. 90-111, eff. 7-14-97.)
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(735 ILCS 5/2-1009) (from Ch. 110, par. 2-1009)
Sec. 2-1009.
Voluntary dismissal.
(a) The plaintiff may, at any time before trial or hearing begins,
upon notice to each party who has appeared or each such party's attorney, and
upon
payment of costs, dismiss his or her action or any part thereof as to any
defendant, without prejudice, by order filed in the cause.
(b) The court may hear and decide a motion that has been filed prior to a
motion filed under subsection (a) of this Section when that prior filed motion,
if favorably ruled on by the court, could result in a final disposition of the
cause.
(c) After trial or hearing begins, the plaintiff
may dismiss, only on terms fixed by the court (1) upon filing a
stipulation to that effect signed by the defendant, or (2) on motion
specifying the ground for dismissal, which shall be supported by
affidavit or other proof.
(d) A dismissal under subsection (a) of this Section does not dismiss a
pending counterclaim or third party complaint.
(e) Counterclaimants and third-party plaintiffs may dismiss upon
the
same terms and conditions as plaintiffs.
(Source: P.A. 88-157.)
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(735 ILCS 5/2-1010) (from Ch. 110, par. 2-1010)
Sec. 2-1010.
(a) In any action, whether in tort, contract or otherwise,
in which the plaintiff seeks damages for injuries or death by reason of
medical, hospital, or other healing art malpractice, a party may, in lieu
of answering or otherwise pleading, file an affidavit certifying that he or
she was not directly or indirectly involved in the occurrence or
occurrences alleged in the action. In the event such an affidavit is filed,
the court shall order the dismissal of the claim against the certifying
party, except as provided for in subparagraph (b).
(b) Any party may oppose the dismissal or move to vacate the order of
dismissal and reinstate the certifying party, provided he or she can show
that the certifying party was directly or indirectly involved in the
occurrence or occurrences alleged in the action.
The party opposing the dismissal may, after the filing of an affidavit
under this Section, have discovery with respect to the involvement or
noninvolvement of the party filing the affidavit, provided that such
discovery is completed within 60 days of the filing of such affidavit.
(c) This Section does not apply to or affect any actions pending
at the time of its effective date, but applies to cases filed on or
after its effective date.
(Source: P.A. 84-7.)
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(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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(735 ILCS 5/Art. II Pt. 10A heading) PART 10A.
MANDATORY ARBITRATION SYSTEM
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(735 ILCS 5/2-1001A) (from Ch. 110, par. 2-1001A)
Sec. 2-1001A. Authorization. The Supreme Court of Illinois, by rule,
may provide for mandatory arbitration of such civil actions as the Court
deems appropriate in order to expedite in a less costly manner any
litigation wherein a party asserts a claim not exceeding $75,000 or any
lesser amount as authorized by the Supreme Court for a particular Circuit,
or a judge of the
circuit court, at a pretrial conference, determines that no greater amount than
that authorized for the Circuit appears to be genuinely in controversy.
(Source: P.A. 102-89, eff. 7-9-21.)
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(735 ILCS 5/2-1002A) (from Ch. 110, par. 2-1002A)
Sec. 2-1002A.
Implementation by Supreme Court Rules.
The Supreme
Court shall by rule adopt procedures adapted to each judicial circuit to
implement mandatory arbitration under this Act.
(Source: P.A. 84-844.)
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(735 ILCS 5/2-1003A) (from Ch. 110, par. 2-1003A)
Sec. 2-1003A.
Qualification, Appointment, and Compensation of
Arbitrators. The qualification and the method of appointment of
arbitrators shall be prescribed by rule. Arbitrators shall be entitled to
reasonable compensation for their services. Arbitration hearings shall be
conducted by arbitrators sitting in panels of three or of such lesser number
as may be stipulated by the parties.
(Source: P.A. 84-844.)
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(735 ILCS 5/2-1004A) (from Ch. 110, par. 2-1004A)
Sec. 2-1004A.
Decision and Award.
Following an arbitration hearing as
prescribed by rule, the arbitrators' decision shall be filed with the
circuit court, together with proof of service on the parties. Within the
time prescribed by rule, any party to the proceeding may file with the
clerk of the court a written notice of the rejection of the award. In case
of such rejection, the parties may, upon payment of appropriate costs and
fees imposed by Supreme Court Rule as a consequence of the rejection,
proceed to trial before a judge or jury. Costs and fees received by the
clerk of the circuit court pursuant to this Section shall be remitted
within one month after receipt to the State Treasurer for deposit into the
Mandatory Arbitration Fund.
(Source: P.A. 85-408; 85-1007.)
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(735 ILCS 5/2-1005A) (from Ch. 110, par. 2-1005A)
Sec. 2-1005A.
Judgment of the Court.
If no rejection of the award is
filed, a judge of the circuit court may enter the award as the judgment
of the court.
(Source: P.A. 84-844.)
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(735 ILCS 5/2-1006A) (from Ch. 110, par. 2-1006A)
Sec. 2-1006A.
Uniform Arbitration Act.
The provisions of the Uniform
Arbitration Act shall not be applicable to the proceedings under this
Part 10A of Article II.
(Source: P.A. 84-1308.)
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(735 ILCS 5/2-1007A) (from Ch. 110, par. 2-1007A)
Sec. 2-1007A.
The expenses of conducting mandatory arbitration
programs in the circuit court, including arbitrator fees, and the expenses
related to conducting such other alternative dispute resolution programs as may
be authorized by circuit court rule for operation in counties that have
implemented mandatory arbitration, shall be
determined by the Supreme Court and paid from the State Treasury on the
warrant of the Comptroller out of appropriations made for that purpose by
the General Assembly.
(Source: P.A. 89-532, eff. 7-19-96.)
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(735 ILCS 5/2-1008A)
Sec. 2-1008A. (Repealed).
(Source: P.A. 85-408. Repealed by P.A. 97-1099, eff. 8-24-12.)
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(735 ILCS 5/2-1009A) (from Ch. 110, par. 2-1009A)
Sec. 2-1009A. Filing Fees. In each county authorized by the Supreme
Court to utilize mandatory arbitration, the clerk of the
circuit court shall charge and collect, in addition to any other fees, an
arbitration fee of $8, except in counties with 3,000,000 or more inhabitants
the fee shall be $10, at the time of filing the first pleading, paper
or
other appearance filed by each party in all civil cases, but no additional
fee shall be required if more than one party is represented in a single
pleading, paper or other appearance. Arbitration fees received by the
clerk of the circuit court pursuant to this Section shall be remitted within
one month after receipt to the State Treasurer for deposit into the
Mandatory Arbitration Fund, a special fund in the State treasury for the
purpose of funding mandatory arbitration programs and such other alternative
dispute resolution programs as may be authorized by circuit court rule for
operation in counties that have implemented mandatory arbitration, with a
separate account
being maintained for each county.
Notwithstanding any other provision of this Section to the contrary, the Mandatory Arbitration Fund may be used
for any
other purpose authorized by the Supreme Court.
(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-707, eff. 1-11-08.)
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(735 ILCS 5/Art. II Pt. 11 heading) Part 11.
Trial
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(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
Sec. 2-1101. Subpoenas. The clerk of any court in which an action is pending shall, from time
to time, issue subpoenas for those witnesses and to those counties in
the State as may be required by either party. Every clerk who shall
refuse so to do shall be guilty of a petty offense and fined any sum not
to exceed $100. An attorney admitted to practice in the State of Illinois, as an officer of the court, may also issue subpoenas on behalf of the court for witnesses and to counties in a pending action. An order of court is not required to obtain the issuance
by the clerk or by an attorney of a subpoena duces tecum. For good cause shown, the court
on motion may quash or modify any subpoena or, in the case of a subpoena
duces tecum, condition the denial of the motion upon payment in advance
by the person in whose behalf the subpoena is issued of the reasonable
expense of producing any item therein specified.
In the event that a party has subpoenaed an expert witness including,
but not limited to physicians or medical providers, and the expert witness
appears in court, and a conflict arises between the party subpoenaing the
expert witness and the expert witness over the fees charged by the expert
witness, the trial court shall be advised of the conflict. The trial court
shall conduct a hearing subsequent to the testimony of the expert witness
and shall determine the reasonable fee to be paid to the expert witness.
(Source: P.A. 95-1033, eff. 6-1-09.)
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(735 ILCS 5/2-1102) (from Ch. 110, par. 2-1102)
Sec. 2-1102.
Examination of adverse party or agent.
Upon the trial of any case any party thereto or any person for whose
immediate benefit the action is prosecuted or defended, or the officers,
directors, managing agents or foreman of any party to the action, may be
called and examined as if under cross-examination at the instance of any
adverse party. The party calling for the examination is not concluded
thereby but may rebut the testimony thus given by countertestimony and
may impeach the witness by proof of prior inconsistent statements.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1103) (from Ch. 110, par. 2-1103)
Sec. 2-1103.
Affidavits.
(a) All affidavits presented to the court
shall be filed with the clerk.
(b) If evidence is necessary concerning any fact which according to
law and the practice of the court may now be supplied by affidavit, the
court may, in its discretion, require the evidence to be presented,
wholly or in part, by oral examination of the witnesses in open court
upon notice to all parties not in default, or their attorneys. If the
evidence is presented by oral examination, an adverse party shall have
the right to cross-examination. This Section does not apply to applications
for change of venue on grounds of prejudice.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1104) (from Ch. 110, par. 2-1104)
Sec. 2-1104.
Party need not submit to lie detector.
In the course of
any civil trial or pre-trial proceeding
the court shall not require that the plaintiff or defendant submit to a
polygraphic detection deception test, commonly known as a lie detector
test or require, suggest or request that the plaintiff or defendant
submit to questioning under the effect of thiopental sodium or to any
other test or questioning by means of any chemical substance.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1105) (from Ch. 110, par. 2-1105)
(Text of Section WITH the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a trial by jury must file
a demand therefor with the clerk at the time the action is commenced. A
defendant desirous of a trial by jury must file a demand therefor not
later than the filing of his or her answer. Otherwise, the party waives a
jury. If an action is filed seeking equitable relief and the court
thereafter determines that one or more of the parties is or are entitled
to a trial by jury, the plaintiff, within 3 days from the entry of such
order by the court, or the defendant, within 6 days from the entry of
such order by the court, may file his or her demand for trial by jury with the
clerk of the court. If the plaintiff files a jury demand and thereafter
waives a jury, any defendant and, in the case of multiple defendants, if
the defendant who filed a jury demand thereafter waives a jury, any
other defendant shall be granted a jury trial upon demand therefor made
promptly after being advised of the waiver and upon payment of the
proper fees, if any, to the clerk.
(b) All jury cases shall be tried by a jury of 6. If alternate jurors are requested, an additional fee established by the county shall be charged for each alternate juror requested. For all cases filed prior to the effective date of this amendatory Act of the 98th General Assembly, if a party has paid for a jury of 12, that party may demand a jury of 12 upon proof of payment.
(Source: P.A. 98-1132, eff. 6-1-15.)
(Text of Section WITHOUT the changes made by P.A. 98-1132, which has been held unconstitutional)
Sec. 2-1105. Jury demand. (a) A plaintiff desirous of a trial by jury must file
a demand therefor with the clerk at the time the action is commenced. A
defendant desirous of a trial by jury must file a demand therefor not
later than the filing of his or her answer. Otherwise, the party waives a
jury. If an action is filed seeking equitable relief and the court
thereafter determines that one or more of the parties is or are entitled
to a trial by jury, the plaintiff, within 3 days from the entry of such
order by the court, or the defendant, within 6 days from the entry of
such order by the court, may file his or her demand for trial by jury with the
clerk of the court. If the plaintiff files a jury demand and thereafter
waives a jury, any defendant and, in the case of multiple defendants, if
the defendant who filed a jury demand thereafter waives a jury, any
other defendant shall be granted a jury trial upon demand therefor made
promptly after being advised of the waiver and upon payment of the
proper fees, if any, to the clerk.
(b) All jury cases where the claim for damages is $50,000 or less shall be tried by a jury of 6, unless either party demands a
jury of 12. If a fee in connection with a jury demand is required by
statute or rule of court, the fee for a jury of 6 shall be 1/2 the
fee for a jury of 12. A party demanding a jury of 12 after another party
has paid the applicable fee for a jury of 6 shall pay the remaining
1/2 of the fee applicable to a jury of 12.
(Source: P.A. 94-206, eff. 1-1-06.) |
(735 ILCS 5/2-1105.1) (from Ch. 110, par. 2-1105.1)
Sec. 2-1105.1.
Challenge for cause.
Each party may challenge jurors
for cause. If a prospective juror has a physical impairment, the court
shall consider such prospective juror's ability to perceive and appreciate
the evidence when considering a challenge for cause.
(Source: P.A. 83-461.)
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(735 ILCS 5/2-1106) (from Ch. 110, par. 2-1106)
Sec. 2-1106.
Peremptory challenges - Alternate jurors.
(a) Each side
shall be entitled to 5 peremptory challenges. If there is more than one
party on any side, the court may allow each side additional peremptory
challenges, not to exceed 3, on account of each additional party on the
side having the greatest number of parties. Each side shall be allowed
an equal number of peremptory challenges. If the parties on a side are
unable to agree upon the allocation of peremptory challenges among
themselves, the allocation shall be determined by the court.
(b) The court may direct that 1 or 2 jurors in addition to the
regular panel be impanelled to serve as alternate jurors. Alternate
jurors, in the sequence in which they are ordered into the jury box,
shall replace jurors who, prior to the time the jury retires to consider
its verdict, become unable to perform their duties. Alternate jurors
shall be drawn in the same manner, have the same qualifications, be
subject to the same examination and challenges, take the same oath, and
have the same functions, powers, facilities, and privileges as the
principal jurors. An alternate juror who does not replace a principal
juror shall be discharged at the time the jury retires to consider its
verdict. If alternate jurors are called each side shall be allowed one
additional peremptory challenge, regardless of the number of alternate
jurors called. The additional peremptory challenge may be used only
against an alternate juror, but any unexercised peremptory challenges
may be used against an alternate juror.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-1107) (from Ch. 110, par. 2-1107)
Sec. 2-1107.
Instructing the jury - Taking instructions and papers to the
jury room.
(a) The court shall give instructions to the jury only in writing,
unless the parties agree otherwise, and only as to the law of the case.
An original and one copy of each instruction asked by any party shall be
tendered to the court. The copies shall be numbered and shall indicate
who tendered them. Copies of instructions given on the court's own
motion or modified by the court shall be so identified. When
instructions are asked which the court refuses to give, the
court shall on the
margin of the original and copy write the word "refused" and shall
write the word "given" on the margin of the original and copy of those
given. The court shall in no case, after instructions are given, clarify,
modify or in any manner explain them to the jury, otherwise than in
writing, unless the parties agree otherwise.
(b) The original written instructions given by the court to the jury
shall be taken by the jury to the jury room, and shall be returned by
the jury with its verdict into court. The originals
and copies of all
instructions, whether given, modified or refused, shall be filed as a
part of the proceedings in the cause.
(c) At the close of the evidence or at any earlier time during the
trial that the court reasonably directs, any party may tender
instructions and shall at the same time deliver copies thereof to
counsel for other parties. If the number or length of the instructions
tendered is unreasonable, the court after examining the instructions may
require counsel to reduce the number or length thereof. The court shall
hold a conference with counsel to settle the instructions and shall
inform counsel of the court's proposed action thereon prior to the arguments to
the jury. If as a result of the arguments to the jury the court
determines that additional instructions are desirable, the court may after a
further conference with counsel approve additional instructions. The
court shall instruct the jury after the arguments are completed.
Conferences on instructions must be out of the presence of the jury.
(d) Papers read or received in evidence, other than depositions, may
be taken by the jury to the jury room for use during the jury's deliberation.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1107.1.
Jury instruction in tort actions.
In all actions
on account of bodily injury or death or physical damage to
property based on
negligence, or product liability based on any theory or doctrine, the court
shall
instruct the jury in writing, to the extent that it is true, that any award
of compensatory damages or punitive damages will not be taxable under federal
or State income tax law. The court shall not inform or instruct the jury
that the
defendant shall be found not liable
if the jury finds that the contributory fault of the plaintiff is more
than 50% of the proximate cause of the injury or damage for which recovery is
sought, but it shall be the duty of the court to deny recovery if the jury
finds that the plaintiff's contributory fault is more than 50% of the proximate
cause of the injury or damage. The court shall not inform or instruct the jury
concerning any limitations in the amount of non-economic damages or punitive
damages that are recoverable, but it shall be the duty of the trial court upon
entering judgment to reduce any award in excess of such limitation to no more
than the proper limitation.
This amendatory Act of 1995 applies to causes of action filed on or
after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1107.1.
Jury instruction in tort actions.
In all actions
on account of bodily injury or death or physical damage to
property based on
negligence, or product liability based on strict tort liability, the court
shall instruct the jury in writing that the defendant shall be found not liable
if the jury finds that the contributory fault of the plaintiff is more
than 50% of the proximate cause of the injury or damage for which recovery is
sought.
(Source: P.A. 84-1431.)
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(735 ILCS 5/2-1108) (from Ch. 110, par. 2-1108)
Sec. 2-1108. Verdict - Special interrogatories. Unless the nature of the case requires otherwise, the jury shall
render a general verdict. Within the discretion of the court, the jury may be asked to find specially upon any
material question or questions of fact submitted to the jury in writing. Any party may request special interrogatories.
Special interrogatories shall be tendered, objected to, ruled upon and
submitted to the jury as in the case of instructions. Submitting or
refusing to submit a question of fact to the jury may be reviewed on
appeal to determine whether the trial court abused its discretion. When any special finding of
fact is inconsistent with the general verdict, the court shall direct the jury to further consider its answers and verdict. If, in the discretion of the trial court, the jury is unable to render a general verdict consistent with any special finding, the trial court shall order a new trial. During closing arguments, the parties shall be allowed to explain to the jury what may result if the general verdict is inconsistent with any special finding.
This amendatory Act of the 101st General Assembly applies only to trials commencing on or after January 1, 2020.(Source: P.A. 101-184, eff. 8-2-19.)
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(735 ILCS 5/2-1109) (from Ch. 110, par. 2-1109)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1109.
Itemized verdicts.
In every case where damages for bodily injury or death are
assessed by
the jury the verdict shall be itemized so as to reflect the monetary
distribution, if any, among economic loss and non-economic loss as
defined in Section
2-1115.2 and, in
healing art malpractice cases,
further itemized so as to reflect the distribution of economic loss by
category, such itemization of economic loss by category to include: (a)
amounts intended to compensate for reasonable expenses which have been
incurred, or which will be incurred, for necessary medical, surgical,
x-ray, dental, or other health or rehabilitative services, drugs, and
therapy; (b) amounts intended to compensate for lost wages or loss of
earning capacity; and (c) all other economic losses claimed by the plaintiff
or granted by the jury. Each category of economic loss shall be further
itemized into amounts intended to compensate for losses which have been
incurred prior to the verdict and amounts intended to compensate for future
losses.
This amendatory Act of 1995 applies to causes of action filed on or
after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1109.
Itemized verdicts.
In every case where damages for injury to
the person are assessed by the jury the verdict shall be itemized so as to
reflect the monetary
distribution among economic loss and non-economic loss, if any, and, in medical
malpractice cases,
further itemized so as to reflect the distribution of economic loss by
category, such itemization of economic loss by category to include: (a)
amounts intended to compensate for reasonable expenses which have been
incurred, or which will be incurred, for necessary medical, surgical,
x-ray, dental, or other health or rehabilitative services, drugs, and
therapy; (b) amounts intended to compensate for lost wages or loss of
earning capacity; and (c) all other economic losses claimed by the plaintiff
or granted by the jury. Each category of economic loss shall be further
itemized into amounts intended to compensate for losses which have been
incurred prior to the verdict and amounts intended to compensate for
losses which will be incurred in the future.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1110) (from Ch. 110, par. 2-1110)
Sec. 2-1110.
Motion in non-jury case to find for defendant at close
of plaintiff's evidence.
In all cases tried without a jury, defendant may, at the close
of plaintiff's case, move for a finding or judgment in his or her favor. In
ruling on the motion the court shall weigh the evidence, considering the
credibility of the witnesses and the weight and quality of the evidence.
If the ruling on the motion is favorable to the defendant, a judgment
dismissing the action shall be entered. If the ruling on the motion is
adverse to the defendant, the defendant may proceed to adduce evidence in support of
his or her defense, in which event the motion is waived.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1111) (from Ch. 110, par. 2-1111)
Sec. 2-1111.
Juries in cases seeking equitable relief.
The court may in its discretion direct an issue or
issues to be tried by a jury, whenever it is judged necessary in any
action seeking equitable relief.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1112) (from Ch. 110, par. 2-1112)
Sec. 2-1112.
Oral testimony in actions seeking equitable relief.
On
the trial of every action seeking equitable relief, oral testimony shall
be taken when desired by either party.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1113) (from Ch. 110, par. 2-1113)
Sec. 2-1113.
Medical malpractice - res ipsa loquitur.
In all cases
of alleged medical or dental malpractice, where the plaintiff relies upon
the doctrine of res ipsa loquitur, the court shall determine whether that
doctrine applies. In making that determination, the court shall rely upon
either the common knowledge of laymen, if it determines that to be adequate,
or upon expert medical testimony, that the medical result complained of
would not have ordinarily occurred in the absence of negligence on the part
of the defendant. Proof of an unusual, unexpected or untoward medical result
which ordinarily does not occur in the absence of negligence will suffice
in the application of the doctrine.
(Source: P.A. 82-783.)
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(735 ILCS 5/2-1114) (from Ch. 110, par. 2-1114)
Sec. 2-1114. Contingent fees for attorneys in medical malpractice
actions. (a) In all medical malpractice actions the total contingent fee
for plaintiff's attorney or attorneys shall not exceed 33 1/3% of all sums recovered.
(b) For purposes of determining any lump sum contingent fee, any future
damages recoverable by the plaintiff in periodic installments shall be
reduced to a lump sum value.
(c) (Blank).
(d) As used in this Section, "contingent fee basis"
includes any fee arrangement under which the compensation is to be
determined in whole or in part on the result obtained.
(Source: P.A. 97-1145, eff. 1-18-13.)
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(735 ILCS 5/2-1115) (from Ch. 110, par. 2-1115)
Sec. 2-1115.
Punitive damages not recoverable in healing art and legal
malpractice cases. In all cases, whether in tort, contract or otherwise,
in which the plaintiff seeks damages by reason of
legal, medical, hospital, or other healing art malpractice, no punitive,
exemplary, vindictive or aggravated damages shall be allowed.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1115.05)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-1115.05.
Limitations on recovery of punitive damages
in cases other than healing art or legal malpractice cases.
(a) In all cases on account of bodily injury, or physical damage to
property based on negligence, or product liability based on any theory or
doctrine, other than those cases described in Section 2-1115, punitive damages
may
be awarded only if actual damages are awarded.
The amount of punitive damages that may be awarded for a claim in any civil
action subject to this Section shall not exceed 3 times the amount awarded to
the claimant for the economic damages on which such claim is based.
(b) To recover punitive damages in cases described in subsection (a), a
plaintiff must show by clear and
convincing evidence that the defendant's conduct was with evil motive or with a
reckless
and outrageous indifference to a highly unreasonable risk of harm and with a
conscious indifference to the rights and safety of
others.
"Clear and convincing evidence" means that measure or degree of proof that
will produce in the mind of the trier of fact a high degree of certainty as to
the truth of the allegations sought to be established.
This evidence requires
a greater degree of persuasion than is necessary to meet the preponderance of
the evidence standard.
(c) In any action including a claim for punitive
damages, a defendant
may request that the issues relating to punitive damages be
tried separately from the other issues in the action. If such a request is
made, the trier of fact shall first hear evidence relevant to, and
render a verdict upon, the defendant's
liability for compensatory damages and the amount thereof. If the trier of
fact makes an award of actual damages, the same trier of fact shall
immediately hear any additional evidence relevant to, and render a verdict
upon, the defendant's liability for punitive damages
and the amount thereof. If no award of actual damages is made, the claim
for punitive damages shall be dismissed. If the defendant
requests a separate proceeding concerning liability for punitive
damages pursuant to this Section, and the proceeding is held, evidence
relevant only to the claim of punitive damages shall be inadmissible in
any proceeding to determine whether compensatory damages are to be awarded.
(d) The limitations of subsection (a) shall not apply in a case in
which a plaintiff seeks damages against an individual on account of death,
bodily injury, or physical damage
to property
based on any theory or
doctrine due to an incident or occurrence for which the
individual has been charged and convicted of a criminal
act for which a period of incarceration is or may be a part of the sentence.
(e) Nothing in this Section shall be construed to create a right
to recover punitive damages.
(f) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-1115.1)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-1115.1. Limitations on recovery of non-economic damages.
(a) In all common law, statutory or other actions that seek damages
on account of death, bodily injury, or physical damage
to property based on negligence, or product liability based on any theory or
doctrine, recovery of non-economic damages shall be limited to $500,000 per
plaintiff. There shall be no recovery for hedonic damages.
(b) Beginning in 1997, every January 20, the liability limit established
in subsection (a) shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer price index-u
during the preceding 12-month calendar year. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available to the chief judge of
each judicial circuit.
(c) The liability limits at the time at which damages
subject to such limits are awarded by final judgment or settlement shall be
utilized by the courts.
(d) Nothing in this Section shall be construed to create a right to recover
non-economic damages.
(e) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/2-1115.2)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-1115.2.
Economic and non-economic loss.
In all actions on account
of bodily injury, death, physical damage to property based on
negligence, or a product liability action as defined in Section 2-2101,
the following terms have the following meanings:
(a) "Economic loss" or "economic damages" means all damages which are
tangible,
such as damages for past and future medical
expenses, loss of income or earnings and other property loss.
(b) "Non-economic loss" or "non-economic damages" means damages which are
intangible,
including but not limited to damages for pain and
suffering, disability, disfigurement, loss of consortium, and loss of
society.
(c) "Compensatory damages" or "actual damages" are the sum of economic and
non-economic damages.
This amendatory Act of 1995 applies to causes of action filed on or after
its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1116.
Limitation on recovery in tort actions; fault.
(a) The purpose of this Section is to allocate the
responsibility of bearing or paying damages in actions brought on account of
death, bodily injury, or physical damage to property according to
the proportionate fault of the persons who proximately caused the damage.
(b) As used in this Section:
"Fault" means any act or omission that (i) is negligent, willful and
wanton,
or
reckless, is a breach of an express or implied warranty, gives rise to strict
liability in tort, or gives rise to liability under the provisions of any State
statute, rule, or local ordinance and (ii) is a proximate cause of death,
bodily injury to person, or physical damage to property for
which recovery is sought.
"Contributory fault" means any fault on the part of the plaintiff
(including but not limited to negligence, assumption of the risk,
or willful and wanton misconduct) which is a
proximate cause of the death, bodily injury to person, or
physical damage to property for which recovery is sought.
"Tortfeasor" means any person, excluding the injured person, whose fault is a
proximate cause of the death, bodily injury to person, or
physical damage to
property for which recovery is sought, regardless of whether that person is the
plaintiff's employer, regardless
of whether that person is joined as a party to the action, and regardless of
whether that person may have settled with the plaintiff.
(c) In all actions on account of death, bodily injury or physical damage to
property in which recovery is predicated upon fault, the contributory fault chargeable to the plaintiff shall be
compared with the
fault of all tortfeasors whose fault was a proximate cause of the death,
injury, loss, or
damage for which recovery is sought. The plaintiff
shall be barred from recovering damages if the trier of fact finds that the
contributory fault on the part of the plaintiff is more than 50% of
the proximate cause of the injury or damage for which recovery is sought.
The plaintiff shall not be barred from recovering damages if the trier of
fact finds that the contributory fault on the part of the plaintiff is not
more than 50% of the proximate cause of the injury or damage for which recovery
is sought,
but any economic or non-economic damages allowed shall be diminished in the
proportion to the amount
of fault attributable to the plaintiff.
(d) Nothing in this Section shall be construed
to create a cause of action.
(e) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1116.
Limitation on recovery in tort actions.
In all actions on account of bodily injury
or death or physical damage to
property, based on negligence,
or product liability based on strict tort
liability, the plaintiff
shall be barred from recovering damages if the trier of fact finds that the
contributory fault on the part of the plaintiff is more than 50% of
the proximate cause of the injury or damage for which recovery is sought.
The plaintiff shall not be barred from recovering damages if the trier of
fact finds that the contributory fault on the part of the plaintiff is not
more than 50% of the proximate cause of the injury or damage for which recovery
is sought, but any damages allowed shall be diminished in the
proportion to the amount
of fault attributable to the plaintiff.
(Source: P.A. 84-1431.)
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(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
Sec. 2-1117.
Joint liability.
Except as provided in Section 2-1118,
in actions on account of bodily injury or death or physical damage to
property, based on negligence, or product liability based on strict tort
liability, all defendants found liable are jointly and
severally liable for plaintiff's past and future medical and medically
related expenses. Any defendant whose fault, as determined by the
trier of fact, is less than 25% of the total fault attributable to the
plaintiff, the defendants sued by the plaintiff, and any third party
defendant except the plaintiff's employer, shall be severally
liable for all other damages. Any defendant whose fault, as
determined by the trier of fact, is 25% or greater of the total fault
attributable to the plaintiff, the defendants sued by the plaintiff, and
any third party defendants except the plaintiff's employer, shall
be jointly and severally liable for all other damages.
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
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(735 ILCS 5/2-1118)
(This Section was repealed by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1118.
Exceptions.
Notwithstanding the
provisions of Section 2-1117, in
any action in which the trier of fact determines that
the injury or damage for which recovery is sought was caused by an act
involving the discharge into the environment of any pollutant, including
any waste, hazardous
substance, irritant or contaminant, including, but not limited to smoke,
vapor, soot, fumes,
acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste
or mine tailings, and including any such material intended to be recycled,
reconditioned or reclaimed, any defendants found liable shall be jointly
and severally liable for
such damage. However, Section 2-1117 shall apply to a defendant who is a
response
action contractor. As used in this Section, "response action contractor"
means an individual,
partnership, corporation, association, joint venture or other commercial
entity or an employee, agent, sub-contractor, or consultant thereof which
enters into a contract, for the performance of
remedial or response action, or for the identification, handling, storage,
treatment or disposal of a pollutant, which is entered into between any
person or entity and a response action contractor when such response action
contractor is not liable for the creation or maintenance of the condition to be
ameliorated under the contract.
Notwithstanding the provisions of Section 2-1117, in any medical
malpractice action, as defined in Section 2-1704, based upon negligence,
any defendants found liable shall be jointly and severally liable.
(Source: P.A. 84-1431.)
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(735 ILCS 5/2-1119)
Sec. 2-1119.
Tampering with anhydrous ammonia equipment, containers, or
storage facilities.
(a) A person
tampering with anhydrous ammonia equipment, containers, or storage facilities
does not have a cause of
action against the owner of the equipment, containers, or
storage facilities, any person
responsible for the installation or operation of the equipment,
containers, or storage facilities,
the person
lawfully selling anhydrous ammonia, the person who lawfully purchases anhydrous
ammonia for agricultural purposes, or the person who operates or uses anhydrous
ammonia equipment, containers, or storage facilities
when lawfully applying anhydrous ammonia for agricultural
purposes.
(b) No person may commence a derivative action against the owner of
anhydrous ammonia equipment, containers, or storage facilities,
any person responsible for the installation or
operation of the equipment, containers, or storage facilities,
the person lawfully selling anhydrous ammonia, the
person who lawfully purchases anhydrous ammonia for agricultural purposes, or
the person who operates or uses anhydrous ammonia equipment, containers, or
storage facilities when lawfully
applying anhydrous ammonia for agricultural purposes when the injured person
has tampered with anhydrous ammonia equipment, containers, or storage
facilities.
(c) Tampering with anhydrous ammonia equipment, containers, or storage
facilities
occurs when any person who is
not authorized by the owner of the anhydrous ammonia or anhydrous ammonia
equipment, containers, or storage facilities
transfers or attempts to transfer anhydrous ammonia to another
container or causes damage to anhydrous ammonia equipment, containers, or
storage facilities.
(d) For purposes of this
Section:
"Anhydrous ammonia"
means the compound
defined in paragraph (d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment", "anhydrous ammonia storage containers", and
"anhydrous ammonia storage facilities" are defined in the rules adopted under
the Illinois Fertilizer Act of 1961.
(e) The immunity to civil liability provided in this Section does not
apply to any act or omission caused by the willful and wanton negligence of any
person.
(Source: P.A. 91-263, eff. 1-1-00.)
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(735 ILCS 5/Art. II Pt. 12 heading) Part 12.
Post-Trial
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(735 ILCS 5/2-1201) (from Ch. 110, par. 2-1201)
Sec. 2-1201.
Return of verdict - Separate counts - Defective or unproved
counts.
(a) It is sufficient for the jury to pronounce its verdict by
its foreman in open court, without reducing it to writing, if it is a
general verdict. The clerk shall enter it in form, under the direction
of the court.
(b) Promptly upon the return of a verdict, the court shall enter
judgment thereon.
(c) If there are several counts in a complaint, counterclaim or
third-party complaint based on different claims upon which separate
recoveries might be had, the court shall, on the motion of any party,
direct the jury to find a separate verdict upon each claim.
(d) If several grounds of recovery are pleaded in support of the
same claim, whether in the same or different counts, an entire verdict
rendered for that claim shall not be set aside or reversed for the
reason that any ground is defective, if one or more of the grounds is
sufficient to sustain the verdict; nor shall the verdict be set aside or
reversed for the reason that the evidence in support of any ground is
insufficient to sustain a recovery thereon, unless before the case was
submitted to the jury a motion was made to withdraw that ground from the
jury on account of insufficient evidence and it appears that the denial
of the motion was prejudicial.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-1202) (from Ch. 110, par. 2-1202)
Sec. 2-1202.
Reserved ruling on motion for directed verdict - Post-trial
motions in jury cases.
(a) If at the close of the evidence, and before the case is
submitted to the jury, any party moves for a directed verdict the court
may (1) grant the motion or (2) deny the motion or reserve its ruling
thereon and submit the case to the jury. If the court denies the motion
or reserves its ruling thereon, the motion is waived unless the request
is renewed in the post-trial motion.
(b) Relief desired after trial in jury cases, heretofore sought by
reserved motions for directed verdict or motions
for judgment notwithstanding the verdict, in arrest
of judgment or for new trial, must be sought in a single post-trial
motion. Relief after trial may include the entry of judgment if under
the evidence in the case it would have been the duty of the court to
direct a verdict without submitting the case to the jury, even though no
motion for directed verdict was made or if made was denied or ruling
thereon reserved. The post-trial motion must contain the points relied
upon, particularly specifying the grounds in support thereof, and must
state the relief desired, as for example, the entry of a judgment, the
granting of a new trial or other appropriate relief. Relief sought in
post-trial motions may be in the alternative or may be conditioned upon
the denial of other relief asked in preference thereto, as for example,
a new trial may be requested in the event a request for judgment is
denied.
(c) Post-trial motions must be filed within 30 days after the entry
of judgment or the discharge of the jury, if no verdict is reached, or
within any further time the court may allow within the 30 days or any
extensions thereof. A party against whom judgment is entered pursuant to
post-trial motion shall have like time after the entry of the judgment
within which to file a post-trial motion.
(d) A post-trial motion filed in apt time stays enforcement of the
judgment.
(e) Any party who fails to seek a new trial in his or her post-trial
motion, either conditionally or unconditionally, as herein provided,
waives the right to apply for a new trial, except in cases in which the
jury has failed to reach a verdict.
(f) The court must rule upon all relief sought in all post-trial
motions. Although the ruling on a portion of the relief sought renders
unnecessary a ruling on other relief sought for purposes of further
proceedings in the trial court, the court must nevertheless rule
conditionally on the other relief sought by determining whether it
should be granted if the unconditional rulings are thereafter reversed,
set aside or vacated. The conditional rulings become effective in the
event the unconditional rulings are reversed, set aside or vacated.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1203) (from Ch. 110, par. 2-1203)
Sec. 2-1203. Motions after judgment in non-jury cases. (a) In all
cases tried without a jury, any party may, within 30 days after the
entry of the judgment or within any further time the court may allow
within the 30 days or any extensions thereof, file a motion for a
rehearing, or a retrial, or modification of the judgment or to vacate
the judgment or for other relief.
(b) Except as provided in subsection (a) of Section 413 of the Illinois Marriage and Dissolution of Marriage Act, a motion filed in apt time stays enforcement of the judgment except that a judgment granting injunctive or declaratory relief shall be stayed only by a court order that follows a separate application that sets forth just cause for staying the enforcement.
(Source: P.A. 95-902, eff. 1-1-09; 96-1072, eff. 1-1-11.)
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(735 ILCS 5/2-1204) (from Ch. 110, par. 2-1204)
Sec. 2-1204.
Arrest of judgment.
If judgment is arrested pursuant to post-trial motion for any defect
in the record, the plaintiff need not commence his or her action anew. If
appropriate, the court shall order new pleadings.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1205) (from Ch. 110, par. 2-1205)
Sec. 2-1205.
Reduction in amount of recovery.
An amount
equal to the sum of (i) 50% of the benefits provided for lost wages
or private or governmental disability income programs, which
have been paid, or which have become payable to the injured person by any
other person, corporation, insurance company or fund in relation to a
particular injury, and (ii) 100% of the benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable to the injured person by any other
person, corporation, insurance company or fund in relation to a particular
injury, shall be deducted from any judgment in an action to
recover for that injury based on an allegation of negligence or other
wrongful act, not including intentional torts, on the part of a licensed
hospital or physician; provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, lien, or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict;
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits; and
(5) There shall be no reduction for charges paid for medical expenses
which were directly attributable to the adjudged negligent acts or
omissions of the defendants found liable.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1205.1) (from Ch. 110, par. 2-1205.1)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on any theory or doctrine,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1205.1.
Reduction in amount of recovery.
In all cases
on account of bodily injury or death or physical damage to property, based
on negligence, or product liability based on
strict tort liability,
to which Section 2-1205 does not apply, the amount in excess of $25,000 of the
benefits provided for medical
charges, hospital charges, or nursing or caretaking charges, which have been
paid, or which have become payable by the date of judgment to the injured
person by any other
insurance company or fund in relation to a particular
injury, shall be deducted from any judgment.
Provided, however, that:
(1) Application is made within 30 days to reduce the judgment;
(2) Such reduction shall not apply to the extent that there is a
right of recoupment through subrogation, trust agreement, contract, lien,
operation of law or otherwise;
(3) The reduction shall not reduce the judgment by more than 50% of
the total amount of the judgment entered on the verdict; and
(4) The damages awarded shall be increased by the amount of any
insurance premiums or the direct costs paid by the plaintiff for such
benefits in the 2 years prior to plaintiff's injury or death or to be paid
by the plaintiff in the future for such benefits.
(Source: P.A. 84-1431.)
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(735 ILCS 5/2-1206) (from Ch. 110, par. 2-1206)
Sec. 2-1206.
Assessment of damages.
(a) Upon default, when the damages
are to be assessed, the court may hear
the evidence and assess the damages without a jury for that purpose. If
interlocutory judgment is entered in an action brought upon a penal bond, or
upon any instrument in writing, for the payment of money only, and the
damages rest in computation, the court may refer the matter to the clerk,
to assess and report the damages, and may enter judgment therefor.
However, either party may have the damages assessed by a jury.
(b) Unless a jury has been waived, the trial court shall empanel a jury to
assess damages: (1) if the ruling on a post-trial motion is in favor of a
party entitled to recover damages and there is no verdict assessing his
or her damages; or (2) the reviewing court remands solely for the purpose of
assessing damages.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1207) (from Ch. 110, par. 2-1207)
Sec. 2-1207.
Punitive damages.
The trial court may, in its discretion, with
respect to punitive damages,
determine whether a jury award for punitive damages is excessive,
and if so, enter a remittitur and a conditional new trial.
The trial court may also in its discretion, apportion the punitive damage
award among the plaintiff, the plaintiff's attorney and the State of Illinois
Department of Human Services. The amount of the award
paid from the punitive damages to the plaintiff's attorney shall be reasonable
and without regard to any contingent fee contract,
except that such amount shall not exceed the amount authorized by the
contingent fee contract. In apportioning punitive damages as provided in
this Section, the court shall consider, among other factors it deems
relevant, whether any special duty was owed by the defendant to the plaintiff.
(Source: P.A. 89-507, eff. 7-1-97.)
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(735 ILCS 5/Art. II Pt. 13 heading) Part 13.
Judgment
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(735 ILCS 5/2-1301) (from Ch. 110, par. 2-1301)
Sec. 2-1301.
Judgments - Default - Confession.
(a) The court shall
determine the rights of the parties and grant to any party any
affirmative relief to which the party may be entitled on the pleadings and
proofs. Judgments shall be in the form required by the nature of the
case and by the recovery or relief awarded. More than one judgment may
be rendered in the same cause. If relief is granted against a party who
upon satisfying the same in whole or in part will be entitled by
operation of law to be reimbursed by another party to the action, the
court may determine the rights of the parties as between themselves, and
may thereafter upon motion and notice in the cause, and upon a showing
that satisfaction has been made, render a final judgment against the
other party accordingly.
(b) A determination in favor of the plaintiff on an issue as to the truth
or validity of any
defense in abatement shall be that the defendant answer or otherwise plead.
(c) Except as otherwise limited by this subsection (c), any person
for a debt bona fide due may confess judgment by himself or herself or attorney
duly authorized, without process. The application to confess judgment
shall be made in the county in which the note or obligation was executed
or in the county in which one or more of the defendants reside or in any
county in which is located any property, real or personal, owned by any
one or more of the defendants. A judgment entered by any court in any
county other than those herein specified has no force or validity,
anything in the power to confess to the contrary notwithstanding.
No power to confess judgment shall be required or given after September
24, 1979 in any instrument used in
a consumer transaction; any power to confess given in violation hereof
is null and void and any judgment entered by a court based on such power
shall be unenforceable. "Consumer transaction" as used in this Section
means a sale, lease, assignment, loan, or other disposition of an item
of goods, a consumer service, or an intangible to an individual for
purposes that are primarily personal, family, or household.
(d) Judgment by default may be entered for want of an appearance, or
for failure to plead, but the court may in either case, require proof of
the allegations of the pleadings upon which relief is sought.
(e) The court may in its discretion, before final order or judgment,
set aside any default, and may on motion filed within 30 days after
entry thereof set aside any final order or judgment upon any terms and
conditions that shall be reasonable.
(f) The fact that any order or judgment is joint does not deprive
the court of power to set it aside as to fewer than all the parties, and
if so set aside it remains in full force and effect as to the other
parties.
(g) If any final judgment is entered against any defendant who has
been served by publication with notice of the commencement of the action
and who has not been served with a copy of the complaint, or received
the notice required to be sent him or her by mail, or otherwise brought into
court, and such defendant or his or her heirs, legatees,
or personal representatives, as the
case may require, shall, within 90 days after notice in writing given
him or her of the judgment, or within 1 year after the judgment, if no notice
has been given, appear in open court and petition to be heard touching
the matter of the judgment, the court shall upon notice being given to
the parties to such action who appeared therein and the purchaser at a
sale made pursuant to the judgment, or their attorneys, set the petition
for hearing and may allow the parties and the purchaser to answer
the petition. If upon the hearing it appears that the judgment ought
not to have been made against the defendant, it may be set aside,
altered or amended as appears just; otherwise the petition shall be
dismissed at petitioner's costs. If, however, a sale has been had under
and pursuant to the final judgment, the court, in altering or amending
the judgment may, upon terms just and equitable to the defendant, permit
the sale to stand. If upon the hearing of the petition it appears that
the defendant was entitled under the law to redeem from the sale, the
court shall permit redemption to be made at any time within 90 days
thereafter, upon terms that are equitable and just.
(Source: P.A. 83-707.)
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(735 ILCS 5/2-1302) (from Ch. 110, par. 2-1302)
Sec. 2-1302.
Notice of entry of default order.
(a) Upon the entry of an order of default, the attorney for the moving party
shall immediately give notice thereof to each
party who has appeared, against whom the order was entered, or such party's
attorney of record. However, the failure of the attorney to give the notice
does not impair the force, validity or effect of the order.
(b) The notice shall contain the title, number, court, date of
entry, name of the judge, and state that the order was one of default.
The notice may be given by postal card or in any manner
provided by rules.
(c) In the case of an action for foreclosure of a mortgage or a deed
in trust, in addition to the information required by subsection (b) of this
Section the notice shall state that the defendant or defendants may redeem
the property within the time and in the manner provided by law.
(d) No notice of the entry of an order of dismissal for want of
prosecution shall be necessary provided plaintiff has been notified in
advance that the court is considering the entry of such an order, unless
required by local rule.
(Source: P.A. 84-614.)
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(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
Sec. 2-1303. Interest on judgment. (a) Except as provided in subsection (b), judgments recovered in
any court shall draw interest at the rate of 9% per annum from the date
of the judgment until satisfied or 6% per annum when the judgment debtor is a unit
of local government, as defined in Section 1 of Article VII of the Constitution,
a school district, a community college district, or any other governmental
entity. When judgment is entered upon any award, report or verdict, interest
shall be computed at the above rate, from the time when made or rendered
to the time of entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied portion of
the judgment as it exists from time to time. The judgment debtor may by
tender of payment of judgment, costs and interest
accrued to the date of tender, stop the further accrual of interest on such
judgment notwithstanding the prosecution of an appeal, or other steps to
reverse, vacate or modify the judgment.
(b)(1) As used in this Section: "Consumer debt" means money or property, or the equivalent, due or owing, or alleged to be due or owing, from a natural person by reason of a transaction in which property, services, or money is acquired by that natural person primarily for personal, family, or household purposes. "Consumer debt judgment" means a judgment recovered in any court against one or more natural persons arising out of consumer debt. "Consumer debt judgment" does not include any compensation for bodily injury or death, nor any judgment entered where the debt is guaranteed by or contains a joint and several liability provision between a natural person and a business, whether or not that business is legally constituted under the laws of this State or any other state. (2) Notwithstanding subsection (a), consumer debt judgments of $25,000 or less shall draw interest from the date of the judgment until satisfied at the rate of 5% per annum. (3) The judgment debtor may, by tender of payment of judgment, costs, and interest accrued to the date of tender, stop the further accrual of interest on the consumer debt judgment, notwithstanding the prosecution of an appeal, or other steps to reverse, vacate, or modify the judgment. (4) This subsection applies to all consumer debt judgments entered into after the effective date of this amendatory Act of the 101st General Assembly. (c) In all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, whether by negligence, willful and wanton misconduct, intentional conduct, or strict liability of the other person or entity, the plaintiff shall recover prejudgment interest on all damages, except punitive damages, sanctions, statutory attorney's fees, and statutory costs, set forth in the judgment. Prejudgment interest shall begin to accrue on the date the action is filed. If the plaintiff voluntarily dismisses the action and refiles, the accrual of prejudgment interest shall be tolled from the date the action is voluntarily dismissed to the date the action is refiled. In entering judgment for the plaintiff in the action, the court shall add to the amount of the judgment interest calculated at the rate of 6% per annum on the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs. If the judgment is greater than the amount of the highest written settlement offer made by the defendant within 12 months after the later of the effective date of this amendatory Act of the 102nd General Assembly or the filing of the action and not accepted by the plaintiff within 90 days after the date of the offer or rejected by the plaintiff, interest added to the amount of judgment shall be an amount equal to interest calculated at the rate of 6% per annum on the difference between the amount of the judgment, minus punitive damages, sanctions, statutory attorney's fees, and statutory costs, and the amount of the highest written settlement offer. If the judgment is equal to or less than the amount of the highest written settlement offer made by the defendant within 12 months after the later of the effective date of this amendatory Act of the 102nd General Assembly or the filing of the action and not accepted by the plaintiff within 90 days after the date of the offer or rejected by the plaintiff, no prejudgment interest shall be added to the amount of the judgment. For the purposes of this subsection, withdrawal of a settlement offer by defendant shall not be considered a rejection of the offer by the plaintiff. Notwithstanding any other provision of this subsection, prejudgment interest shall accrue for no longer than 5 years. Notwithstanding any other provision of law, neither the State, a unit of local government, a school district, community college district, nor any other governmental entity is liable to pay prejudgment interest in an action brought directly or vicariously against it by the injured party. For any personal injury or wrongful death occurring before the effective date of this amendatory Act of the 102nd General Assembly, the prejudgment interest shall begin to accrue on the later of the date the action is filed or the effective date of this amendatory Act of the 102nd General Assembly.(Source: P.A. 101-168, eff. 1-1-20; 102-6, eff. 7-1-21.)
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(735 ILCS 5/2-1304) (from Ch. 110, par. 2-1304)
Sec. 2-1304.
Orders for liens and conveyances.
(a) Whenever, by any order, any party to an action is required to perform
any act other than the payment of money, or to refrain from performing any
act, the court may, in such order, provide that the same shall be a lien
upon the real or personal estate, or both, of such party until such order
is fully complied with; and such lien shall have the same force and effect,
and be subject to the same limitations and restrictions, as judgments for
the payment of money, including the time and manner when the same shall
take effect and the time and manner when the lien upon a revival thereof
shall take effect.
(b) Whenever an order is entered, directing the execution of any deed
or other writing, it shall be lawful for any judge of the court to execute
or for the court to direct the sheriff to execute such deed or other writing,
in case the parties under no disability fail to execute such deed or other
writing, in a time to be named in the order, or on behalf of minors or persons
under legal disability who have guardians; and the execution thereof shall
be valid in law to pass, release or extinguish the right, title and interest
of the party on whose behalf it is executed, as if executed by the party
in proper person, and he or she were under no disability; and whenever any
property is sold in open court, it shall be lawful for any judge to execute
a deed, certificate of sale or bill of sale or for the court to direct the
sheriff to execute a deed, certificate of sale or bill of sale to the purchaser
thereat and the execution thereof shall be valid in law to pass, release
or extinguish all right, title and interest of the parties to the action
with the same force and effect as though such sale had been held by the
sheriff pursuant to the court's order; and such deed or other writing, if
it relates to land, shall promptly after its execution by a judge or the
sheriff, be recorded in the recorder's office of the county wherein the
land is situated.
(Source: P.A. 83-351.)
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(735 ILCS 5/2-1305) (from Ch. 110, par. 2-1305)
Sec. 2-1305.
Motion to stay.
A party intending to move to set aside any judgment, bond or
other proceeding may apply to the court or to the judge in chamber for
a certificate (which the judge may, in his or her discretion, grant) that there is
probable cause for staying further proceedings until the order of the court
on the motion. Service of a copy of the certificate at the time of or after
the service of the notice of the motion stays all further proceedings
accordingly. In no case shall the judge grant the certificate if the error
complained of may, by the direction of the judge to the clerk issuing the
process, be corrected, but the judge shall order and the clerk shall make
the correction in the process, nor unless the applicant has given notice of
the motion to the opposite party, or his or her attorney of record, if they or
either of them can be found in the county where the judgment was entered.
(Source: P.A. 82-280.)
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(735 ILCS 5/2-1306) Sec. 2-1306. Supersedeas bonds. (a) In civil litigation under any legal theory involving a signatory, a successor to a signatory, or a parent or an affiliate of a signatory to the Master Settlement Agreement described in Section 6z-43 of the State Finance Act, execution of the judgment shall be stayed during the entire course of appellate review upon the posting of a supersedeas bond or other form of security in accordance with applicable laws or court rules, except that the total amount of the supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $250,000,000, regardless of the amount of the judgment, provided that this limitation shall apply only if appellants file at least 30% of the total amount in the form of cash, a letter of credit, a certificate of deposit, or other cash equivalent with the court. The cash or cash equivalent shall be deposited by the clerk of the court in the account of the court, and any interest earned shall be utilized as provided by law. (b) Notwithstanding subsection (a) of this Section, if an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a supersedeas bond in an amount up to the total amount of the judgment. (c) This Section applies to pending actions as well as actions commenced on or after its effective date, and to judgments entered or reinstated on or after its effective date.
(Source: P.A. 97-1145, eff. 1-18-13.) |
(735 ILCS 5/Art. II Pt. 14 heading) Part 14.
Post-Judgment
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(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401) (Text of Section before amendment by P.A. 103-968) Sec. 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished. All relief heretofore obtainable and the grounds for such relief heretofore available, whether by any of the foregoing remedies or otherwise, shall be available in every case, by proceedings hereunder, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in the Illinois Parentage Act of 2015, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief, or the relief obtainable. (b) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by an affidavit or other appropriate showing as to matters not of record. A petition to reopen a foreclosure proceeding must include as parties to the petition, but is not limited to, all parties in the original action in addition to the current record title holders of the property, current occupants, and any individual or entity that had a recorded interest in the property before the filing of the petition. All parties to the petition shall be notified as provided by rule. (b-5) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was | ||
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(3) there is substantial evidence of domestic | ||
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(4) (blank); and (5) the evidence of domestic violence or gender-based | ||
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Nothing in this subsection (b-5) shall prevent a movant from applying for any other relief under this Section or any other law otherwise available to him or her. As used in this subsection (b-5): "Domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Forcible felony" has the meaning ascribed to the term in Section 2-8 of the Criminal Code of 2012. "Gender-based violence" includes evidence of victimization as a trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, evidence of victimization under the Illinois Domestic Violence Act of 1986, evidence of victimization under the Stalking No Contact Order Act, or evidence of victimization of any offense under Article 11 of the Criminal Code of 2012, irrespective of criminal prosecution or conviction. "Intimate partner" means a spouse or former spouse, persons who have or allegedly have had a child in common, or persons who have or have had a dating or engagement relationship. "Substantial evidence" means evidence that a reasonable mind might accept as adequate to support a conclusion. (b-10) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence: (A) she was convicted of a forcible felony; (B) her participation in the offense was a direct | ||
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(C) no evidence of post-partum depression or | ||
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(D) she was unaware of the mitigating nature of the | ||
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(E) evidence of post-partum depression or post-partum | ||
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Nothing in this subsection (b-10) prevents a person from applying for any other relief under this Article or any other law otherwise available to her. As used in this subsection (b-10): "Post-partum depression" means a mood disorder which strikes many women during and after pregnancy and usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders. "Post-partum psychosis" means an extreme form of post-partum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania. (c) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987, in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963 or subsection (b-5) or (b-10) of this Section, or in a motion to vacate and expunge convictions under the Cannabis Control Act as provided by subsection (i) of Section 5.2 of the Criminal Identification Act, the petition must be filed not later than 2 years after the entry of the order or judgment. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years. (c-5) Any individual may at any time file a petition and institute proceedings under this Section if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. (d) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation. (e) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title, or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment. When a petition is filed pursuant to this Section to reopen a foreclosure proceeding, notwithstanding the provisions of Section 15-1701 of this Code, the purchaser or successor purchaser of real property subject to a foreclosure sale who was not a party to the mortgage foreclosure proceedings is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than 6 months. (f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.(Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 103-403, eff. 1-1-24.) (Text of Section after amendment by P.A. 103-968) Sec. 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished. All relief heretofore obtainable and the grounds for such relief heretofore available, whether by any of the foregoing remedies or otherwise, shall be available in every case, by proceedings hereunder, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in the Illinois Parentage Act of 2015, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief, or the relief obtainable. (b) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by an affidavit or other appropriate showing as to matters not of record. A petition to reopen a foreclosure proceeding must include as parties to the petition, but is not limited to, all parties in the original action in addition to the current record title holders of the property, current occupants, and any individual or entity that had a recorded interest in the property before the filing of the petition. All parties to the petition shall be notified as provided by rule. (b-5) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence: (1) the movant was convicted of a forcible felony; (2) the movant's participation in the offense was | ||
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(3) there is substantial evidence of domestic | ||
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(4) (blank); and (5) the evidence of domestic violence or gender-based | ||
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Nothing in this subsection (b-5) shall prevent a movant from applying for any other relief under this Section or any other law otherwise available to him or her. This subsection (b-5) applies to all eligible convictions, including, but not limited to, if the judge renders the sentence based on a negotiated plea agreement. Relief under this Section allows for the modification of the length of sentence without affecting the conviction. As used in this subsection (b-5): "Domestic violence" means abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986. "Forcible felony" has the meaning ascribed to the term in Section 2-8 of the Criminal Code of 2012. "Gender-based violence" includes evidence of victimization as a trafficking victim, as defined by paragraph (10) of subsection (a) of Section 10-9 of the Criminal Code of 2012, evidence of victimization under the Illinois Domestic Violence Act of 1986, evidence of victimization under the Stalking No Contact Order Act, or evidence of victimization of any offense under Article 11 of the Criminal Code of 2012, irrespective of criminal prosecution or conviction. "Intimate partner" means a spouse or former spouse, persons who have or allegedly have had a child in common, or persons who have or have had a dating or engagement relationship. "Substantial evidence" means evidence that a reasonable mind might accept as adequate to support a conclusion. (b-10) A movant may present a meritorious claim under this Section if the allegations in the petition establish each of the following by a preponderance of the evidence: (A) she was convicted of a forcible felony; (B) her participation in the offense was a direct | ||
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(C) no evidence of postpartum depression or | ||
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(D) she was unaware of the mitigating nature of the | ||
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(E) evidence of postpartum depression or postpartum | ||
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Nothing in this subsection (b-10) prevents a person from applying for any other relief under this Article or any other law otherwise available to her. This subsection (b-10) applies to all eligible convictions, including, but not limited to, if the judge renders the sentence based on a negotiated plea agreement. Relief under this Section allows for the modification of the length of sentence without affecting the conviction. As used in this subsection (b-10): "Postpartum depression" means a mood disorder which strikes many women during and after pregnancy and usually occurs during pregnancy and up to 12 months after delivery. This depression can include anxiety disorders. "Postpartum psychosis" means an extreme form of postpartum depression which can occur during pregnancy and up to 12 months after delivery. This can include losing touch with reality, distorted thinking, delusions, auditory and visual hallucinations, paranoia, hyperactivity and rapid speech, or mania. (c) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987, in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963 or subsection (b-5) or (b-10) of this Section, or in a motion to vacate and expunge convictions under the Cannabis Control Act as provided by subsection (i) of Section 5.2 of the Criminal Identification Act, the petition must be filed not later than 2 years after the entry of the order or judgment. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period of 2 years. (c-5) Any individual may at any time file a petition and institute proceedings under this Section if his or her final order or judgment, which was entered based on a plea of guilty or nolo contendere, has potential consequences under federal immigration law. (d) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation. (e) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title, or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment. When a petition is filed pursuant to this Section to reopen a foreclosure proceeding, notwithstanding the provisions of Section 15-1701 of this Code, the purchaser or successor purchaser of real property subject to a foreclosure sale who was not a party to the mortgage foreclosure proceedings is entitled to remain in possession of the property until the foreclosure action is defeated or the previously foreclosed defendant redeems from the foreclosure sale if the purchaser has been in possession of the property for more than 6 months. (f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.(Source: P.A. 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 103-403, eff. 1-1-24; 103-968, eff. 1-1-25.) |
(735 ILCS 5/2-1401.1) Sec. 2-1401.1. Relief from default judgment; military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, or commonwealth, or a territory of the United States. (b) Relief from and vacation of final orders and judgments after 30 days from the entry thereof entered by default against a service member that has entered military service may be had upon petition as provided in this Section. All relief heretofore obtainable and the grounds for such relief heretofore available shall be available in every case, by proceedings commenced pursuant to this Section, regardless of the nature of the order or judgment from which relief is sought or of the proceedings in which it was entered. Except as provided in Section 6 of the Illinois Parentage Act of 1984, there shall be no distinction between actions and other proceedings, statutory or otherwise, as to availability of relief, grounds for relief or the relief obtainable. (c) The petition must be filed in the same proceeding in which the order or judgment was entered but is not a continuation thereof. The petition must be supported by affidavit or other appropriate showing as to matters not of record and show that the service member did not appear in the proceeding, the person's military service materially affected the service member's ability to defend the case, the person has a meritorious or legal defense to the action, and the petition must be filed within 90 days after the service member's date of release from military service. All parties to the petition shall be notified as provided by rule. (d) Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987 or in a petition based upon Section 116-3 of the Code of Criminal Procedure of 1963, the petition must be filed not later than 90 days after the service member's release from military service. Time during which the person seeking relief is under legal disability or duress or the ground for relief is fraudulently concealed shall be excluded in computing the period for filing. (e) The filing of a petition under this Section does not affect the order or judgment, or suspend its operation. (f) Unless lack of jurisdiction affirmatively appears from the record proper, the vacation or modification of an order or judgment pursuant to the provisions of this Section does not affect the right, title or interest in or to any real or personal property of any person, not a party to the original action, acquired for value after the entry of the order or judgment but before the filing of the petition, nor affect any right of any person not a party to the original action under any certificate of sale issued before the filing of the petition, pursuant to a sale based on the order or judgment. (g) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.
(Source: P.A. 97-913, eff. 1-1-13.) |
(735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
Sec. 2-1402. Citations to discover assets.
(a) A judgment creditor, or his or her successor in interest when that
interest is made to appear of record, is entitled to prosecute citations to discover assets for the purposes of examining the judgment debtor or any other
person to discover assets or income of the debtor not exempt from the
enforcement of the judgment, a deduction order or garnishment, and of
compelling the application of non-exempt assets or income discovered toward the
payment of the amount due under the judgment. A citation proceeding shall
be commenced by the service of a citation issued by the clerk. The procedure
for conducting citation proceedings shall be prescribed by rules.
All citations issued by the clerk shall have the following language, or
language substantially similar thereto, stated prominently on the front, in
capital letters: "IF YOU FAIL TO APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
The court shall not grant a continuance of the citation proceeding except
upon good cause shown.
(b) Any citation served upon a judgment debtor or any other person shall
include a certification by the attorney for the judgment creditor or the
judgment creditor setting forth the amount of the judgment, the date of the
judgment, or its revival date, the balance due thereon, the name of the court,
and the number of the case, and a copy of the citation notice required by this
subsection. Whenever a citation is served upon a person or party other than
the judgment debtor, the officer or person serving the citation shall send to
the judgment debtor, within three business days of the service upon the cited
party, a copy of the citation and the citation notice, which may be sent
by regular first-class mail to the judgment debtor's last known address. In no
event shall a citation hearing be held sooner than five business days after the
mailing of the citation and citation notice to the judgment debtor, except by
agreement of the parties. The citation notice need not be mailed to a
corporation, partnership, or association. The citation notice shall be in
substantially the following form:
"CITATION NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If no attorney is listed): (Insert name and address) Amount of Judgment: $ (Insert amount) Name of Person Receiving Citation: (Insert name) Court Date and Time: (Insert return date and time specified in citation)
NOTICE: The court has issued a citation against the person named above. The
citation directs that person to appear in court to be examined for the purpose
of allowing the judgment creditor to discover income and assets belonging to
the judgment debtor or in which the judgment debtor has an interest. The
citation was issued on the basis of a judgment against the judgment debtor in
favor of the judgment creditor in the amount stated above. On or after the
court date stated above, the court may compel the application of any
discovered income or assets toward payment on the judgment.
The amount of income or assets that may be applied toward the judgment is
limited by federal and Illinois law. The JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
ABOVE:
(1) Under Illinois or federal law, the exemptions of | ||
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(2) Under Illinois law, every person is entitled to | ||
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(3) Under Illinois law, the amount of wages that may | ||
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(4) Under federal law, the amount of wages that may | ||
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(5) Pension and retirement benefits and refunds may | ||
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The judgment debtor may have other possible exemptions under the law.
THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The judgment debtor also has the right to
seek a declaration at an earlier date, by notifying the clerk in writing at
(insert address of clerk). When so notified, the Clerk of the Court will
obtain a prompt hearing date from the court and will
provide the necessary forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment creditor and the
judgment creditor's attorney regarding the time and location of the hearing.
This notice may be sent by regular first class mail."
(b-1) Any citation served upon a judgment debtor who is a natural person shall be served by personal service or abode service as provided in Supreme Court Rule 105 and shall include a copy of the Income and Asset Form set forth in subsection (b-5). (b-5) The Income and Asset Form required to be served by the judgment creditor in subsection (b-1) shall be in substantially the following form: INCOME AND ASSET FORM To Judgment Debtor: Please complete this form and | ||
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If you fail to appear at this hearing, you could be | ||
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In answer to the citation proceedings served upon the | ||
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Name:..................... Home Phone Number:................. Home Address:.................... Date of Birth:...................... Marital Status:..................... I have.........dependents. Do you have a job? YES NO Company's name I work for:...................... Company's address:.............................. Job: I earn $....... per....... If self employed, list here your business name | ||
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Income from self employment is $......... per | ||
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I have the following benefits with my employer: I do not have a job, but I support myself through: Government Assistance $........ | ||
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Unemployment $........ per | ||
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Social Security $........ | ||
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SSI $........ | ||
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Pension $........ | ||
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Other $........ | ||
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Real Estate: Do you own any real estate? YES NO I own real estate at.........., with names of other | ||
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Additional real estate I own: I have a beneficial interest in a land trust. The | ||
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There is a mortgage on my real estate. State the | ||
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An assignment of beneficial interest in the land | ||
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I have the following accounts: Checking account at ..........; account balance $...... Savings account at ..........; account balance $...... Money market or certificate of deposit at Safe deposit box at Other accounts (please identify): I own: A vehicle (state year, make, model, and VIN): Jewelry (please specify): Other property described as:...................... Stocks/Bonds..................... Personal computer................ DVD player....................... Television....................... Stove....................... Microwave....................... Work tools....................... Business equipment....................... Farm equipment....................... Other property (please specify): Signature:.................... (b-10) Any action properly initiated under this Section may proceed notwithstanding an
absent or incomplete Income and Asset Form, and a judgment debtor may be examined for the purpose of allowing the judgment creditor to discover income and assets belonging to the judgment debtor or in which the judgment debtor has an interest. (c) When assets or income of the judgment debtor not exempt from
the satisfaction of a judgment, a deduction order or garnishment are
discovered, the court may, by appropriate order or judgment:
(1) Compel the judgment debtor to deliver up, to be | ||
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(2) Compel the judgment debtor to pay to the judgment | ||
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(3) Compel any person cited, other than the judgment | ||
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(4) Enter any order upon or judgment against the | ||
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(5) Compel any person cited to execute an assignment | ||
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(6) Authorize the judgment creditor to maintain an | ||
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(c-5) If a citation is directed to a judgment debtor who is a natural person, no payment
order shall be entered under subsection (c) unless the Income and Asset Form was served upon the judgment debtor as required by subsection (b-1), the judgment debtor has had an opportunity to assert exemptions, and the payments are from non-exempt sources. (d) No order or judgment shall be entered under subsection (c) in favor of
the judgment creditor unless there appears of record a certification of
mailing showing that a copy of the citation and a copy of the citation notice was mailed to the judgment debtor as required by subsection (b).
(d-5) If upon examination the court determines that the judgment debtor does not possess any non-exempt income or assets, then the citation shall be dismissed. (e) All property ordered to be delivered up shall, except as
otherwise provided in this Section, be delivered to the sheriff to be
collected by the sheriff or sold at public sale and the proceeds thereof
applied towards the payment of costs and the satisfaction of the judgment. If the judgment debtor's property is of such a nature that it is not readily delivered up to the sheriff for public sale or if another method of sale is more appropriate to liquidate the property or enhance its value at sale, the court may order the sale of such property by the debtor, third party respondent, or by a selling agent other than the sheriff upon such terms as are just and equitable. The proceeds of sale, after deducting reasonable and necessary expenses, are to be turned over to the creditor and applied to the balance due on the judgment.
(f)(1) The citation may prohibit the party to whom it is directed from
making or allowing any transfer or other disposition of, or interfering with,
any property not exempt from the enforcement of a judgment therefrom, a
deduction order or garnishment, belonging to the judgment debtor or to which he
or she may be entitled or which may thereafter be acquired by or become due to
him or her, and from paying over or otherwise disposing of any moneys not so
exempt which are due or to become due to the judgment debtor, until the further
order of the court or the termination of the proceeding, whichever occurs
first. The third party may not be obliged to withhold the payment of any
moneys beyond double the amount of the balance due sought to be enforced by the
judgment creditor. The court may punish any party who violates the restraining
provision of a citation as and for a contempt, or if the party is a third party
may enter judgment against him or her in the amount of the unpaid portion of
the judgment and costs allowable under this Section, or in the amount of the
value of the property transferred, whichever is lesser.
(2) The court may enjoin any person, whether or not a party to the citation
proceeding, from making or allowing any transfer or other
disposition of, or interference with, the property of the judgment
debtor not exempt from the enforcement of a judgment, a deduction order or
garnishment, or the property or debt not so exempt concerning which any
person is required to attend and be examined until further direction in the
premises. The injunction order shall remain in effect until vacated by the
court or until the proceeding is terminated, whichever first occurs.
(g) If it appears that any property, chose in action, credit or
effect discovered, or any interest therein, is claimed by any person, the court
shall, as in garnishment proceedings, permit or require the claimant to appear
and maintain his or her right. The rights of the person cited
and the rights of any adverse claimant shall be asserted and determined
pursuant to the law relating to garnishment proceedings.
(h) Costs in proceedings authorized by this Section shall be
allowed, assessed and paid in accordance with rules, provided that if the
court determines, in its discretion, that costs incurred by the judgment
creditor were improperly incurred, those costs shall be paid by the judgment
creditor.
(i) This Section is in addition to and does not affect
enforcement of judgments or citation proceedings thereto, by any other
methods now or hereafter provided by law.
(j) This Section does not grant the power to any court to order
installment or other payments from, or compel the sale, delivery,
surrender, assignment or conveyance of any property exempt by statute
from the enforcement of a judgment thereon, a deduction order, garnishment,
attachment, sequestration, process or other levy or seizure.
(k) (Blank).
(k-3) The court may enter any order upon or judgment against the respondent cited that could be entered in any garnishment proceeding under Part 7 of Article XII of this Code. This subsection (k-3) shall be construed as being declarative of existing law and not as a new enactment. (k-5) If the court determines that any property held by a third party respondent is wages pursuant to Section 12-801, the court shall proceed as if a wage deduction proceeding had been filed and proceed to enter such necessary and proper orders as would have been entered in a wage deduction proceeding including but not limited to the granting of the statutory exemptions allowed by Section 12-803 and all other remedies allowed plaintiff and defendant pursuant to Part 8 of Article 12 of this Act.
(k-10) If a creditor discovers personal property of the judgment debtor that is subject to the lien of a citation to discover assets, the creditor may have the court impress a lien against a specific item of personal property, including a beneficial interest in a land trust. The lien survives the termination of the citation proceedings and remains as a lien against the personal property in the same manner that a judgment lien recorded against real property pursuant to Section 12-101 remains a lien on real property. If the judgment is revived before dormancy, the lien shall remain. A lien against personal property may, but need not, be recorded in the office of the recorder or filed as an informational filing pursuant to the Uniform Commercial Code. (l) At any citation hearing at which the judgment debtor appears and seeks
a declaration that certain of his or her income or assets are exempt, the court
shall proceed to determine whether the property which the judgment debtor
declares to be exempt is exempt from judgment. At any time before the return
date specified on the citation, the judgment debtor may request, in writing, a
hearing to declare exempt certain income and assets by notifying the clerk of
the court before that time, using forms as may be provided by the clerk of the
court. The clerk of the court will obtain a prompt hearing date from the
court and will provide the necessary forms that must be prepared by the
judgment debtor or the attorney for the judgment debtor and sent to the
judgment creditor, or the judgment creditor's attorney, regarding the time and
location of the hearing. This notice may be sent by regular first class mail.
At the hearing, the court shall immediately, unless for good cause shown that
the hearing is to be continued, shall proceed to determine whether the property
which the judgment debtor declares to be exempt is exempt from judgment. The
restraining provisions of subsection (f) shall not apply to any property
determined by the court to be exempt.
(m) The judgment or balance due on the judgment becomes a lien when a
citation is served in accordance with subsection (a) of this Section. The lien
binds nonexempt personal property, including money, choses in action, and
effects of the judgment debtor as follows:
(1) When the citation is directed against the | ||
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(2) When the citation is directed against a third | ||
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The lien established under this Section does not affect the rights of
citation respondents in property prior to the service of the citation upon them
and does not affect the rights of bona fide purchasers or lenders without
notice of the citation. The lien is effective for the period specified by
Supreme Court Rule.
This subsection (m), as added by Public Act 88-48, is a declaration of
existing law.
(n) If any provision of this Act or its application to any person or
circumstance is held invalid, the invalidity of that provision or application
does not affect the provisions or applications of the Act that can be given
effect without the invalid provision or application.
(o) The changes to this Section made by this amendatory Act of the 97th General Assembly apply only to citation proceedings commenced under this Section on or after the effective date of this amendatory Act of the 97th General Assembly. The requirements or limitations set forth in subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply to the enforcement of any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation. (Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/2-1403) (from Ch. 110, par. 2-1403)
Sec. 2-1403.
Judgment debtor as beneficiary of trust.
No court, except as otherwise provided in this Section, shall order
the satisfaction of a judgment out of any property
held in trust for the judgment debtor if such trust has, in good faith,
been created by, or the fund so held in trust has proceeded from, a person
other than the judgment debtor. The income or principal of a trust shall
be subject to withholding for the purpose of securing collection of unpaid
child support obligations owed by the beneficiary as provided in Section
4.1 of the "Non-Support of Spouse and Children Act", Section 22 of the
Non-Support Punishment Act, and similar Sections of
other Acts which provide for support of a child as follows:
(1) income may be withheld if the beneficiary is | ||
| ||
(2) principal may be withheld if the beneficiary has | ||
| ||
(Source: P.A. 91-613, eff. 10-1-99.)
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(735 ILCS 5/2-1404) (from Ch. 110, par. 2-1404)
Sec. 2-1404.
Preservation of trust estates.
In all cases where a
trustee has been or shall be appointed by order of a circuit court, such
court has authority
to authorize the payment of interest on any mortgage which is a lien upon
the trust estate, to authorize the payment of taxes and assessments levied
upon or assessed against the trust estate, to authorize the payment of
the insurance premiums on any policy of insurance on the buildings and personal
property of the trust estate, and to authorize the making of repairs and
the payment therefor, when it appears for the best interests of the estate;
and where a trustee has paid any such interest, taxes, assessments,
insurance premiums, or for repairs, and it appears that such payments
were for the best interests of the estate and the protection and
preservation thereof, the court, on application or by report, has authority
to approve such payments.
(Source: P.A. 84-621.)
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(735 ILCS 5/Art. II Pt. 15 heading) Part 15.
Abolition of Writs
|
(735 ILCS 5/2-1501) (from Ch. 110, par. 2-1501)
Sec. 2-1501. Writs abolished. The function which was, prior to January
1, 1979, performed by a writ of execution to enforce a judgment or order
for the payment of money, or by the writs of mandamus, injunction, prohibition,
sequestration, habeas corpus, replevin, ne exeat or attachment, or by the
writ of possession
in an action of ejectment, or by the writ of restitution in an eviction action, or by the writ of assistance for the possession
of real estate, or by a temporary restraining order, shall hereafter be
performed by a copy of the order or judgment to be enforced, certified by
the clerk of the court which entered the judgment or order.
The clerk's certification shall bear a legend substantially as follows:
I hereby certify the above to be correct.
Dated ..........................
(Seal of Clerk of Circuit Court)
................................
Clerk of the Circuit Court of .............. Illinois.
This order is the command of the Circuit Court and violation thereof is
subject to the penalty of the law.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/Art. II Pt. 16 heading) Part 16.
Revival of Judgment
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(735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601)
Sec. 2-1601.
Scire facias abolished.
Any relief which heretofore might
have been obtained by scire facias may be had by employing a petition
filed in the case in which the original judgment was entered in accordance
with Section 2-1602.
(Source: P.A. 92-817, eff. 8-21-02.)
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(735 ILCS 5/2-1602)
Sec. 2-1602. Revival of judgment.
(a) Except as provided in subsection (a-5), a judgment may be revived by filing a petition to revive the judgment in the seventh year after its
entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other
time within 20 years after its entry if the judgment becomes dormant and by serving the petition and entering a court order for revival as provided in the following subsections. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(a-5) A consumer debt judgment as defined in subsection (b) of Section 2-1303 may be revived by filing a petition to revive the consumer debt judgment no later than 10 years after its entry and by serving the petition and entering a court order for revival as provided in this Section. (b) A petition to revive a judgment shall be filed in the original
case in which the judgment was entered. The petition shall include a
statement as to the original date and amount of the judgment, court
costs expended, accrued interest, and credits to the judgment, if any.
(c) Service of notice of the petition to revive a judgment shall
be made in accordance with Supreme Court Rule 106.
(d) An order reviving a judgment shall be for the original amount
of the judgment. The plaintiff may recover interest and court costs from
the date of the original judgment. Credits to the judgment shall be
reflected by the plaintiff in supplemental proceedings or execution.
(e) If a judgment debtor has filed for protection under the United
States Bankruptcy Code and failed to successfully adjudicate and remove
a lien filed by a judgment creditor, then the judgment may be revived
only as to the property to which a lien attached before the filing of
the bankruptcy action.
(f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be final,
appealable, and enforceable.
(g) This Section does not apply to a child support judgment or to a judgment
recovered in an action for damages for an injury described in Section 13-214.1,
which
need not be revived as provided in this Section and which may be enforced at
any time as
provided in Section 12-108.
(h) If a judgment becomes dormant during the pendency of an enforcement proceeding against wages under Part 14 of this Article or under Article XII, the enforcement may continue to conclusion without revival of the underlying judgment so long as the enforcement is done under court supervision and includes a wage deduction order or turn over order and is against an employer, garnishee, or other third party respondent. (Source: P.A. 101-168, eff. 1-1-20.)
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(735 ILCS 5/Art. II Pt. 17 heading) Part 17.
Healing Art Malpractice
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(735 ILCS 5/2-1701) (from Ch. 110, par. 2-1701)
Sec. 2-1701.
Application.
Subject to the provisions of Section
2-1705, in all medical malpractice actions the provisions of this Act shall
be applicable.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1702) (from Ch. 110, par. 2-1702)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1702.
Economic/Non-Economic Loss.
As used in this Part, "economic
loss" and "non-economic loss" are defined as in Section 2-1115.2.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 2-1702.
Economic/Non-Economic Loss.
As used in this Part:
(a) "Economic loss" means all pecuniary harm for which damages
are recoverable.
(b) "Non-economic loss" means loss of consortium and all nonpecuniary
harm for which damages are recoverable, including, without limitation,
damages for pain and suffering, inconvenience, disfigurement, and
physical impairment.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1703) (from Ch. 110, par. 2-1703)
Sec. 2-1703.
Past/Future Damages.
As used in this Part:
(a) "Past damages" means damages that have accrued when the damages
findings are made.
(b) "Future damages" includes all damages which the trier of fact finds
will accrue after the damages findings are made, including, without
limitation, damages for future medical or health treatment, care or
custody, loss of future earnings, loss of bodily function, future pain and
suffering, and future physical impairment and inconvenience.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1704) (from Ch. 110, par. 2-1704)
Sec. 2-1704.
Medical Malpractice Action.
As used in this Part,
"medical malpractice action" means any action, whether in tort, contract or
otherwise, in which the plaintiff seeks damages for injuries or death by
reason of medical, hospital, or other healing art malpractice.
The term "healing art" shall not include care and
treatment by spiritual means through prayer in accord with the tenets and
practices of a recognized church or religious denomination.
(Source: P.A. 84-7.)
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(735 ILCS 5/2-1704.5)
Sec. 2-1704.5. (Repealed).
(Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)
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(735 ILCS 5/2-1705)
Sec. 2-1705. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1706)
Sec. 2-1706. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1706.5)
Sec. 2-1706.5. (Repealed).
(Source: P.A. 94-677, eff. 8-25-05. Repealed by P.A. 97-1145, eff. 1-18-13.)
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(735 ILCS 5/2-1707)
Sec. 2-1707. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1708)
Sec. 2-1708. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1709)
Sec. 2-1709. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1710)
Sec. 2-1710. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1711)
Sec. 2-1711. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1712)
Sec. 2-1712. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1713)
Sec. 2-1713. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1714)
Sec. 2-1714. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1715)
Sec. 2-1715. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1716)
Sec. 2-1716. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1717)
Sec. 2-1717. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1718)
Sec. 2-1718. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/2-1719)
Sec. 2-1719. (Repealed).
(Source: P.A. 84-7. Repealed by P.A. 101-404, eff. 8-16-19.)
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(735 ILCS 5/Art. II Pt. 18 heading) Part 18.
Mittimus
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(735 ILCS 5/2-1801) (from Ch. 110, par. 2-1801)
Sec. 2-1801.
Mittimus.
(a) In all cases, including criminal,
quasi-criminal and civil, when a person is imprisoned, incarcerated,
confined or committed to the custody of a sheriff, warden, Department of
Corrections or other executive officer by virtue of a judgment or order
which is signed by a judge, a copy of such judgment or order shall, in each
case, constitute the mittimus, and no separate mittimus need be issued.
(b) Where no written judgment or order was signed by a judge, the practice
heretofore prevailing in such cases in the courts of this State shall be followed.
(Source: P.A. 84-622.)
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(735 ILCS 5/Art. II Pt. 19 heading) Part 19.
Lis Pendens
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(735 ILCS 5/2-1901) (from Ch. 110, par. 2-1901)
Sec. 2-1901.
Lis Pendens - Operative date of notice.
Except as
otherwise provided in Section 15-1503, every
condemnation proceeding, proceeding to sell real estate of decedent to pay
debts, or other action seeking equitable relief, affecting or involving real
property shall, from the time of the filing in the office of the recorder
in the county where the real estate is located, of a notice signed by any party
to the action or his attorney of record or attorney in fact, on his or her
behalf, setting forth the title of the action, the parties to it, the court
where it was brought and a description of the real estate, be constructive
notice to every person subsequently acquiring an interest in or a lien on
the property affected thereby, and every such person and every person
acquiring an interest or lien as above stated, not in possession of the
property and whose interest or lien is not shown of record at the time of
filing such notice, shall, for the purposes of this Section, be deemed a
subsequent purchaser and shall be bound by the proceedings to the same extent
and in the same manner as if he or she were a party thereto. If in any
such action plaintiff or petitioner neglects or fails for the period of 6
months after the filing of the complaint or petition to cause notice to be
given the defendant or defendants, either by service of summons or
publication as required by law, then such notice shall cease to be such
constructive notice until service of summons or publication as required by law is had.
This Section authorizes a notice of any of these actions concerning real
property pending in any United States district court to be recorded and
indexed in the same manner and in the same place as herein provided with
respect to notices of such actions pending in courts of this State.
However, no such action or proceeding shall be constructive notice,
either before or after service of summons or publication, as to property
subject to the provisions of "An Act concerning land titles", approved May
1, 1897, as amended, until the provisions of Section 84
of that Act are complied with.
At any time during the pendency of an action or proceeding initiated
after July 1, 1959, which is constructive notice, the court, upon motion,
may for good cause shown, provided a finding of specific performance is not
necessary for final judgment in the action or proceeding, and upon such
terms and conditions, including the posting of suitable bond, if any, as it
may deem equitable, authorize the making of a deed, mortgage, lease or
other conveyance of any or all of the real estate affected or involved, in
which event the party to whom the deed, mortgage, lease or other conveyance
of the real estate is made and those claiming under him or her shall not be
bound by such action or proceeding.
(Source: P.A. 85-907.)
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(735 ILCS 5/2-1902) (from Ch. 110, par. 2-1902)
Sec. 2-1902.
Lis Pendens - Bankruptcy.
A certified copy of a
petition, with schedules omitted, commencing a proceeding under the
Bankruptcy Act of the United States or of the order of adjudication in such
proceeding, or of the order approving the bond of the trustee appointed in
the proceedings, may be filed, indexed and recorded in the office of the
recorder where conveyances of real estate are recorded in the same manner
as deeds. It shall be the duty of the recorder to file, index under
the name of the bankrupt, and record such certified copies filed for record
in the same manner as deeds, for which services the recorder shall be
entitled to the same fees as are provided by law for filing, indexing and
recording deeds.
(Source: P.A. 84-1308.)
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(735 ILCS 5/2-1903) (from Ch. 110, par. 2-1903)
Sec. 2-1903.
Lis Pendens - Limitation as to Public Officers.
In the
absence of a permanent or preliminary injunction or temporary restraining
order of a court, the bringing or pendency of any action alone, heretofore,
or hereafter brought, to defeat or enjoin the disbursement by public
officers of public funds to the persons, uses, or purposes for which they
are appropriated or set apart, including the payment of the salaries and
wages of all officers and employees of the State, or of any county, city,
village, town or other municipality of the State, shall in no way change
the liability of any public officer in the disbursement of public funds on
account of any notice of matters contained in the pleadings in any action,
but such liability shall remain the same, insofar as the bringing or
pendency of any such action alone is concerned, as if no such action had been brought.
(Source: P.A. 84-1308.)
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(735 ILCS 5/Art. II Pt. 20 heading) Part 20.
Crime Victims
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(735 ILCS 5/2-2001)
Sec. 2-2001.
Crime victims.
A victim of crime as defined in Section 2.3
of the Criminal Victims' Asset Discovery Act shall have a cause of action
against a defendant who has been convicted of a crime, or found not guilty by
reason of insanity or guilty but mentally ill of a crime, to recover damages
suffered by the victim of the crime.
The Civil
Practice Law shall apply in the proceedings, and the case shall be tried as in
other civil cases. If the victim is deceased, the next of kin may maintain the
action.
(Source: P.A. 88-378.)
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(735 ILCS 5/Art. II Pt. 21 heading) Part 21.
Product Liability
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(735 ILCS 5/2-2101)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2101.
Definitions.
For purposes of this Part, the terms listed
have
the following meanings:
"Clear and convincing evidence" means that measure or degree of proof that
will produce in the mind of the trier of fact a high degree of certainty as to
the truth of the allegations sought to be established.
This evidence requires
a greater degree of persuasion than is necessary to meet the preponderance of
the evidence standard.
"Harm" means (i) damage to property other than the product itself; (ii)
personal physical injury, illness, or death; (iii) mental anguish or emotional
harm to
the extent recognized by applicable law; (iv) any loss of consortium or
services; or (v) other loss deriving from any type of harm described in item
(i), (ii), (iii), or (iv).
"Manufacturer" means (i) any person who is engaged in a business to design or
formulate and to produce, create, make, or construct any product or component
part of a product; (ii) a product seller with respect to all component parts of
a product or a component part of a product that is created or affected when,
before placing the product in the stream of commerce, the product seller
designs
or formulates and produces, creates, makes, or constructs an aspect of a
product or a component part of a product made by another; or (iii) any product
seller not described in (ii) that holds itself out as a manufacturer to the
user of the product.
"Product liability action" means a civil action brought on any theory against
a manufacturer or product seller for harm caused by a product.
"Product seller" means a person who, in the course of a business conducted
for that purpose, sells, distributes, leases, installs, prepares, blends,
packages, labels, markets, repairs, maintains, or otherwise is involved in
placing a product in the stream of commerce.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2102)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2102.
Effect on other laws.
Except as may be provided by other
laws, any civil action that conforms to the definition of a product liability
action as defined in Section 2-2101 of this Part shall be governed by the
provisions of this Part.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2103)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2103.
Federal and State standards; presumption.
In a product
liability action, a product or product component shall be presumed to be
reasonably safe if the aspect of the product or product component that
allegedly caused the harm was specified or required, or if the aspect is
specifically exempted for particular applications or users, by a federal or
State statute or regulation promulgated by an agency of the federal or State
government responsible for the safety or use of the product before the product
was distributed into the stream of commerce.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2104)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2104.
No practical and feasible alternative design; presumption.
If the design of a product or product component is in issue in a product
liability action, the design shall be presumed to be reasonably safe
unless, at the time the product left the control of the manufacturer, a
practical and technically feasible alternative design was available that would
have prevented the harm without significantly impairing the usefulness,
desirability, or marketability of the product. An alternative design is
practical and feasible if the technical, medical, or scientific knowledge
relating to safety of the alternative design was, at the time the product left
the control of the manufacturer, available and developed for commercial use and
acceptable in the marketplace.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2105)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2105.
Changes in design or warning; inadmissibility.
When measures
are taken which, if taken previously, would have made an event
less likely to occur, evidence of the subsequent measures is not admissible to
prove a defect in a product, negligence, or culpable conduct in connection with
the event. In a product liability action brought under any theory or doctrine,
if the feasibility of a design change or change in warnings is not
controverted, then a subsequent design change or change in warnings shall not
be admissible into evidence. This rule does not require the exclusion of
evidence of subsequent measures when offered for another purpose such as
proving ownership, control, or impeachment.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2106)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2106.
Provision of written warnings to users of product;
nonliability.
(a) The warning, instructing, or labeling of a product or specific product
component shall be deemed to be adequate if pamphlets, booklets, labels,
or other written warnings were provided that gave adequate notice to reasonably
anticipated users or knowledgeable intermediaries of the material risks of
injury, death, or property damage connected with the reasonably anticipated use
of the product and instructions as to the reasonably anticipated uses,
applications, or limitations of the product
anticipated by the defendant.
(b) In the defense of a product liability action, warnings, instructions or
labeling shall be deemed to be adequate if the warnings, instructions or labels
furnished with the product were in conformity with the generally recognized
standards in the industry at the time the product was distributed into the
stream of commerce.
(c) Notwithstanding subsections (a) and (b), a defendant shall not be liable
for failure to warn of material risks that were obvious to a reasonably prudent
product user and material risks that were a matter of common knowledge to
persons in the same position as or similar positions to that of the plaintiff
in a product liability action.
(d) In any product liability action brought against a manufacturer or
product seller for harm allegedly caused by a failure to provide adequate
warnings or instructions, a defendant manufacturer or product seller shall not
be liable if, at the time the product left the control of the manufacturer, the
knowledge of the danger that caused the harm was not reasonably available or
obtainable in light of existing scientific, technical, or medical
information.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2106.5)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2106.5.
Inherent characteristics of products; nonliability.
In a
product liability action, a manufacturer or product seller shall not be liable
for harm allegedly caused by a product if the alleged harm was caused by an
inherent characteristic of the product which is a generic aspect of the product
that cannot be eliminated without substantially compromising the product's
usefulness or desirability and which is recognized by the ordinary person with
the ordinary knowledge common to the community.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2107)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2107.
Punitive damages.
In a product liability action, punitive damages shall not be awarded
against a manufacturer or product seller if the conduct of the defendant
manufacturer, seller, or reseller that allegedly caused the harm was approved
by or was in compliance with standards set forth in an applicable federal or
State statute or in a regulation or other administrative action promulgated by
an agency of the federal or State government responsible for the safety or use
of the
product, which statute or regulation was in effect at the time of the
manufacturer's or product seller's alleged misconduct, unless the plaintiff
proves by clear and convincing evidence that the manufacturer or product seller
intentionally withheld from or misrepresented to Congress, the State
legislature, or the relevant federal or State agency material information
relative to the safety or use of the product that would or could have resulted
in a
changed decision relative to the law, standard, or other administrative
action.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2108)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2108.
No cause of action created.
Nothing in this Part shall be
construed to create a cause of action.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/2-2109)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2109.
This amendatory Act of 1995 adding Part 21 to the Code
of Civil Procedure applies to causes of action accruing on or after its
effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
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(735 ILCS 5/Art. II Pt. 22 heading) Part 22.
Insurance Placement Liability
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(735 ILCS 5/2-2201)
Sec. 2-2201.
Ordinary care; civil liability.
(a) An insurance producer, registered firm, and limited insurance
representative shall exercise ordinary care and skill in
renewing, procuring, binding, or placing the coverage requested by the insured
or proposed insured.
(b) No cause of action brought by any person or entity against any insurance
producer, registered firm, or limited insurance representative concerning the
sale, placement, procurement, renewal, binding, cancellation of, or failure to
procure any policy of insurance shall subject the insurance producer,
registered firm, or limited insurance representative to civil liability under
standards governing the conduct of a fiduciary or a fiduciary relationship
except when the conduct upon which the cause of action is based involves the
wrongful retention or misappropriation by the insurance producer, registered
firm, or limited insurance representative of any money that was received as
premiums, as a premium deposit, or as payment of a claim.
(c) The provisions of this Section are not meant to impair or invalidate
any of the terms or conditions of a contractual agreement between an insurance
producer, registered firm, or limited insurance representative and a company
that has authority to transact the kinds of insurance
defined in Class 1 or clause (a), (b), (c), (d), (e), (f), (h), (i), or (k) of
Class 2 of
Section 4 of
the Illinois Insurance Code.
(d) While limiting the scope of liability of an insurance producer,
registered firm, or limited insurance representative under standards governing
the conduct of a fiduciary or a fiduciary relationship, the provisions of this
Section do not limit or release an insurance producer, registered firm, or
limited insurance representative from liability for negligence concerning the
sale, placement, procurement, renewal, binding, cancellation of, or failure to
procure any policy of insurance.
(Source: P.A. 89-638, eff. 1-1-97.)
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(735 ILCS 5/Art. II Pt. 23 heading) Part 23. Settlement
(Source: P.A. 98-548, eff. 1-1-14.) |
(735 ILCS 5/2-2301) Sec. 2-2301. Settlement of claims; payment. (a) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages, a release must be tendered to the plaintiff by the settling defendant within 14 days of written confirmation of the settlement. Written confirmation includes all communication by written means. (b) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which the law requires court approval of a settlement, the plaintiff shall tender to the defendant a copy of the court order approving the settlement. (c) In a personal injury, property damage, wrongful death, or tort action involving a claim for money damages in which there is a known third-party right of recovery or subrogation interest (including attorney's liens, healthcare provider liens, or rights of recovery claimed by Medicare, the Centers for Medicare and Medicaid Services, the Illinois Department of Healthcare and Family Services, or private health insurance companies), the plaintiff may protect the third-party's right of recovery or subrogation interest, where applicable, by tendering to the defendant: (1) A signed release of the attorney's lien. (2) Either: (i) a signed release of a healthcare provider | ||
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(ii) a letter from the plaintiff's attorney | ||
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(iii) an offer that the defendant hold the full | ||
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(iv) documentation of any other method of | ||
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(3) Either: (i) documentation of the agreement between the | ||
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(ii) a letter from the plaintiff's attorney | ||
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(iii) an offer that the defendant hold the full | ||
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(iv) documentation of any other method of | ||
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(d) A settling defendant shall pay all sums due to the plaintiff within 30 days of tender by the plaintiff of the executed release and all applicable documents in compliance with subsections (a), (b), and (c) of this Section. (e) If, after a hearing, the court having jurisdiction over the parties finds that timely payment has not been made by a defendant pursuant to subsection (d) of this Section, judgment shall be entered against that defendant for the amount set forth in the executed release, plus costs incurred in obtaining the judgment and interest at the rate specified under Section 2-1303 of this Code, calculated from the date of the tender by the plaintiff under subsection (d) of this Section. (f) As used in this Section, "tender" means personal delivery or delivery by a means providing a return receipt. (g) This Section applies to all personal injury, property damage, wrongful death, and tort actions involving a claim for money damages, except as otherwise agreed by the parties. This Section does not apply to: (1) the State of Illinois; (2) any State agency, board, or Commission, as | ||
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(3) any State officer or employee sued in his or her | ||
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(4) any person or entity that is being represented by | ||
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(5) any municipality or unit of local government as | ||
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(6) class action lawsuits.
(Source: P.A. 98-548, eff. 1-1-14.) |
(735 ILCS 5/Art. III heading) ARTICLE III
ADMINISTRATIVE REVIEW
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(735 ILCS 5/3-101) (from Ch. 110, par. 3-101)
Sec. 3-101.
Definitions.
For the purpose of this Act:
"Administrative agency" means a person, body of persons, group, officer,
board, bureau, commission or department (other than a court or judge) of the
State, or of any political subdivision of the State or municipal corporation in
the State, having power under law to make administrative
decisions.
"Administrative decision" or "decision" means any decision, order or
determination of any administrative agency rendered in a particular
case, which affects the legal rights, duties or privileges of parties
and which terminates the proceedings before the administrative agency.
In all cases in which a statute or a rule of the administrative agency
requires or permits an application for a rehearing or other method of
administrative review to be filed within a specified time (as
distinguished from a statute which permits the application for rehearing
or administrative review to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), and an application for such rehearing
or review is made, no administrative decision of such agency shall be
final as to the party applying therefor until such rehearing or review
is had or denied. However, if the particular statute permits an
application for rehearing or other method of administrative review to be
filed with the administrative agency for an indefinite period of time
after the administrative decision has been rendered (such as permitting
such application to be filed at any time before judgment by the
administrative agency against the applicant or within a specified time
after the entry of such judgment), then the authorization for the filing
of such application for rehearing or review shall not postpone the time
when the administrative decision as to which such application shall be
filed would otherwise become final, but the filing of the application
for rehearing or review with the administrative agency in this type of
case shall constitute the commencement of a new proceeding before such
agency, and the decision rendered in order to dispose of such rehearing
or other review proceeding shall constitute a new and independent
administrative decision. If such new and independent decision consists
merely of the denial of the application for rehearing or other method of
administrative review, the record upon judicial review of such decision
shall be limited to the application for rehearing or other review and
the order or decision denying such application and shall not include the
record of proceedings had before the rendering of the administrative
decision as to which the application for rehearing or other
administrative review shall have been filed unless the suit for judicial
review is commenced within the time in which it would be authorized by
this Act to have been commenced if no application for rehearing or other
method of administrative review had been filed. On the other hand, if
the rehearing or other administrative review is granted by the
administrative agency, then the record on judicial review of the
resulting administrative decision rendered pursuant to the rehearing or
other administrative review may consist not only of the record of
proceedings had before the administrative agency in such rehearing or
other administrative review proceeding, but also of the record of
proceedings had before such administrative agency prior to its rendering
of the administrative decision as to which the rehearing or other
administrative review shall have been granted. The term "administrative
decision" or "decision" does not mean or include rules, regulations,
standards, or statements of policy of general application issued by an
administrative agency to implement, interpret, or make specific the
legislation enforced or administered by it unless such a rule,
regulation, standard or statement of policy is involved in a proceeding
before the agency and its applicability or validity is in issue in such
proceeding, nor does it mean or include regulations concerning the
internal management of the agency not affecting private rights or
interests.
(Source: P.A. 92-651, eff. 7-11-02.)
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(735 ILCS 5/3-102) (from Ch. 110, par. 3-102)
Sec. 3-102. Scope of Article. This Article III shall apply to and
govern every action to review judicially a final decision of any administrative
agency where the Act creating or conferring power on such agency, by express
reference, adopts the provisions of this Article III or its predecessor,
the Administrative Review Act. This Article shall be known as the
"Administrative Review Law". In all such cases, any other statutory, equitable
or common law mode of review of decisions of administrative agencies heretofore
available shall not hereafter be employed.
Unless review is sought of an administrative decision within the time
and in the manner herein provided, the parties to the proceeding before
the administrative agency shall be barred from obtaining judicial review
of such administrative decision. In an action to review any final
decision of any administrative agency brought under this Article III, if a
judgment is reversed or entered against the plaintiff, or the action is
voluntarily dismissed by the plaintiff, or the action is dismissed for want
of prosecution, or the action is dismissed by a United States District
Court for lack of jurisdiction, neither the plaintiff nor his or her heirs,
executors, or administrators may commence a new action within one year or
within the remaining period of limitation, whichever is greater. All
proceedings in the court for revision of such final decision shall terminate
upon the date of the entry of any Order under either Section 2-1009 or
Section 13-217. Such Order shall cause the final administrative decision of
any administrative agency to become immediately enforceable. If under the
terms of the Act governing the procedure before an administrative agency an
administrative decision has become final because of the failure to file any
document in the nature of objections, protests, petition for hearing or
application for administrative review within the time allowed by such Act, such
decision shall not be subject to judicial review hereunder excepting only for
the purpose of questioning the jurisdiction of the administrative agency over
the person or subject matter.
(Source: P.A. 99-642, eff. 7-28-16.)
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(735 ILCS 5/3-103) (from Ch. 110, par. 3-103)
Sec. 3-103. Commencement of action. Every action to review a final administrative decision shall be
commenced by the filing of a complaint and the issuance of summons
within 35 days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision, except that
in municipalities with a population of 500,000 or less a complaint
filed within the time limit established by this Section may be subsequently
amended to add a police chief or a fire chief in cases brought under the
Illinois Municipal Code's provisions providing for the discipline of fire
fighters and police officers.
The method of
service of the decision shall be as provided in the Act governing the
procedure before the administrative agency, but if no method is
provided, a decision shall be deemed to have been served either when
a copy of the decision is personally delivered or when a copy of the decision
is deposited in the United States mail, in a sealed envelope or package, with
postage prepaid, addressed to the party affected by the decision at his or her
last known residence or place of business.
The form of the summons and the issuance of alias summons
shall be according to rules of the Supreme Court.
This amendatory Act of 1993 applies to all cases involving discipline of
fire fighters and police officers pending on its effective date and to all
cases filed on or after its effective date.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
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(735 ILCS 5/3-104) (from Ch. 110, par. 3-104)
Sec. 3-104.
Jurisdiction and venue.
Jurisdiction to review final
administrative decisions is vested in the Circuit Courts, except as to a
final order of the Illinois Educational Labor Relations Board in which case
jurisdiction to review a final order is vested in the Appellate Court of a
judicial district in which the Board maintains an office. If the venue of
the action to review a final administrative decision is expressly
prescribed in the particular statute under authority of which the decision
was made, such venue shall control, but if the venue is not so prescribed,
an action to review a final administrative decision may be commenced in the
Circuit Court of any county in which (1) any part of the hearing or
proceeding culminating in the decision of the administrative agency was
held, or (2) any part of the subject matter involved is situated, or (3)
any part of the transaction which gave rise to the proceedings before the
agency occurred. The court first acquiring jurisdiction of any action to
review a final administrative decision shall have and retain jurisdiction
of the action until final disposition of the action.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-105) (from Ch. 110, par. 3-105)
Sec. 3-105. Service of summons. Summons issued in any action to review
the final administrative decision of any administrative agency shall be
served by registered or certified mail on the administrative agency and on
each of the other defendants except in the case of a review of a final
administrative decision of the regional board of school trustees, regional
superintendent of schools, or State Superintendent of Education, as the
case may be, when a committee of 10 has been designated as provided in
Section 7-6 of the School Code, and in such case only the administrative
agency involved and each of the committee of 10 shall be served. The method of service shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, summons shall be deemed to have been served either when a copy of the summons is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an employee, agent, or
member of an administrative agency, board, committee, or government entity,
acting in his or her official capacity, where the administrative agency, board,
committee, or government entity has been served as provided in this Section.
Service on the director or agency head, in his or her official capacity, shall
be deemed service on the administrative agency, board, committee, or government
entity. No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to serve summons on an administrative
agency, board, committee, or government entity, acting, where the director or
agency head, in his or her official capacity, has been served as provided
in this Section.
Service on the administrative agency shall be made by the clerk of the
court by sending a copy of the summons addressed to the agency at its main
office in the State. The clerk of the court shall also mail a copy of the
summons to each of the other defendants, addressed to the last known place
of residence or principal place of business of each such defendant. The
plaintiff shall, by affidavit filed with the complaint, designate the last
known address of each defendant upon whom service shall be made. The
certificate of the clerk of the court that he or she has served such
summons in pursuance of this Section shall be evidence that he or she
has done so.
The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
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(735 ILCS 5/3-106) (from Ch. 110, par. 3-106)
Sec. 3-106.
Appearance of defendants.
In any action to review any final
decision of any administrative agency, the agency shall appear by filing an
answer consisting of a record of the proceedings had before it, or a written
motion in the cause or a written appearance. All other defendants desiring to
appear shall appear by filing a written appearance. Every appearance shall be
filed within the time fixed by rule of the Supreme Court, and shall state with
particularity an address where service of notices or papers may be made upon
the defendant so appearing, or his or her attorney.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-107) (from Ch. 110, par. 3-107)
Sec. 3-107. Defendants.
(a) Except as provided in subsection (b), (b-1), or (c), in any action to review any final
decision of an administrative agency, the administrative agency and all
persons, other than the plaintiff, who were parties of record to the
proceedings before the
administrative agency shall be made defendants. The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
No action for administrative review shall be dismissed for lack of
jurisdiction: (1) based upon misnomer of an agency, board, commission, or party that is properly served with summons that was issued in the action within the applicable time limits; or (2) for a failure to name an employee, agent, or member, who
acted in his or her official capacity, of an administrative agency, board,
committee, or government entity where a timely action for administrative review has been filed that identifies the final administrative decision under review and that makes a good faith effort to properly name the administrative agency, board,
committee, or government entity. Naming the director or agency head, in his or her official
capacity, shall be deemed to include as defendant the administrative agency,
board, committee, or government entity that the named defendants direct or
head. No action for administrative review shall be dismissed for lack of
jurisdiction based upon the failure to name an administrative agency, board,
committee, or government entity, where the director or agency head, in his or
her official capacity, has been named as a defendant as provided in this
Section.
If, during the course of a review action, the court determines that an agency or a party
of record to the administrative proceedings was not made a defendant as
required by the preceding paragraph, then the
court shall grant the plaintiff 35 days from the date of the determination in
which to name and serve the unnamed agency or party as a defendant. The court shall
permit the newly served defendant to participate in the proceedings to the
extent the interests of justice may require.
(b) With respect to actions to review decisions of a zoning board of
appeals under Division 13 of Article 11 of the Illinois Municipal Code, "parties of
record" means only the zoning board of appeals and applicants before the
zoning board of appeals. The plaintiff shall send a notice of filing of
the action by certified mail to each other person who appeared before and
submitted oral testimony or written statements to the zoning board of
appeals with respect to the decision appealed from. The notice shall be
mailed within 2 days of the filing of the action. The notice shall state
the caption of the action, the court in which the action is filed, and the
names of the plaintiff in the action and the applicant to the zoning board
of appeals. The notice shall inform the person of his or her right to
intervene. Each person who appeared before and submitted oral testimony
or written statements to the zoning board of appeals with respect to the
decision appealed from shall have a right to intervene as a defendant in
the action upon application made to the court within 30 days of the mailing
of the notice.
(b-1) With respect to an action to review a decision of an administrative agency with final decision-making authority over designated historic properties or areas under Section 11-48.2-4 of the Illinois Municipal Code or a decision of an administrative agency with final decision-making authority over exterior design review of buildings or structures under item (12) of Section 11-13-1 of the Illinois Municipal Code, "parties of record" means only the administrative agency and applicants before the administrative agency. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action was filed, and the names of the plaintiff in the action and the applicant to the administrative agency. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or a written statement to the administrative agency with respect to the appealed decision shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. (c) With respect to actions to review decisions of a hearing officer or a county zoning board of appeals under Division 5-12 of Article 5 of the Counties Code, "parties of record" means only the hearing officer or the zoning board of appeals and applicants before the hearing officer or the zoning board of appeals. The plaintiff shall send a notice of filing of the action by certified mail to each other person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from. The notice shall be mailed within 2 days of the filing of the action. The notice shall state the caption of the action, the court in which the action is filed, and the name of the plaintiff in the action and the applicant to the hearing officer or the zoning board of appeals. The notice shall inform the person of his or her right to intervene. Each person who appeared before and submitted oral testimony or written statements to the hearing officer or the zoning board of appeals with respect to the decision appealed from shall have a right to intervene as a defendant in the action upon application made to the court within 30 days of the mailing of the notice. This subsection (c) applies to zoning proceedings commenced on or after July 1, 2007 (the effective date of Public Act 95-321).
(d) The changes to this Section made by Public Act 95-831 apply to all actions filed on or after August 21, 2007 (the effective date of Public Act 95-831). The changes made by Public Act 100-212 apply to all actions filed on or after August 18, 2017 (the effective date of Public Act 100-212). (Source: P.A. 103-67, eff. 1-1-24.)
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(735 ILCS 5/3-108) (from Ch. 110, par. 3-108)
Sec. 3-108.
Pleadings and record on review.
(a) Complaint. The complaint shall contain a statement of the decision or
part of the decision sought to be reviewed. It shall specify whether the
transcript of evidence, if any, or what portion thereof, shall be filed by the
agency as part of the record. Upon motion of any defendant, or upon its own
motion, the court may require of the plaintiff a specification of the errors
relied upon for reversal.
(b) Answer. Except as herein otherwise provided, the
administrative agency shall file an answer which shall consist of the
original or a certified copy of the entire record of proceedings under
review, including such evidence as may have been heard by it and the
findings and decisions made by it. By order of court or by stipulation
of all parties to the review, the record may be shortened by the
elimination of any portion thereof. If the complaint specifies that none
or only a part of the transcript of evidence shall be filed as part of
the answer and if the administrative agency or any other defendant
objects thereto, the court shall hear the parties upon this question and
make a finding as to whether all, or if less than all, what parts of the
transcript shall be included in the answer. No pleadings other than as
herein enumerated shall be filed by any party unless required by the
court.
(c) Record after remandment. If the cause is remanded to the
administrative agency and a review shall thereafter be sought of the
administrative decision, the original and supplemental record, or so
much thereof as shall be determined by court order or the stipulation of
all the parties, shall constitute the record on review.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-109) (from Ch. 110, par. 3-109)
Sec. 3-109.
Costs of preparing and certifying record of proceedings
before agency. If the statute under authority of which the administrative
decision was entered provides or requires that the plaintiff in the review
proceeding shall pay to the agency the costs of preparing and certifying
the record of proceedings before the agency, the failure to make that
payment shall relieve the agency of the necessity of filing the answer
required in Section 3-108 of this Act and shall be authority for the entry of
an order by the court, on motion therefor by the agency or any other defendant,
dismissing the complaint and (in the case of an administrative decision
which requires the payment of money) entering a judgment against the
plaintiff and in favor of the administrative agency for the amount shown
by the administrative decision that is involved to be due, and for costs.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-110) (from Ch. 110, par. 3-110)
Sec. 3-110.
Scope of review.
Every action to review any final administrative
decision shall be heard and determined by the court with all convenient speed.
The hearing and determination shall extend to all questions of law and fact
presented by the entire record before the court. No new or additional evidence
in support of or in opposition to any finding, order, determination or decision
of the administrative agency shall be heard by the court. The findings and
conclusions of the administrative agency on questions of fact shall be held to
be prima facie true and correct.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-111) (from Ch. 110, par. 3-111)
Sec. 3-111. Powers of circuit court.
(a) The Circuit Court has power:
(1) with or without requiring bond (except if | ||
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(2) to make any order that it deems proper for the | ||
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(3) to allow substitution of parties by reason of | ||
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(4) to dismiss parties, to correct misnomers, | ||
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(5) to affirm or reverse the decision in whole or in | ||
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(6) where a hearing has been held by the agency, to | ||
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(7) where a hearing has been held by the agency, to | ||
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(8) in case of affirmance or partial affirmance of an | ||
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(9) when the particular statute under authority of | ||
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(b) Technical errors in the proceedings before the administrative
agency or its failure to observe the technical rules of evidence shall
not constitute grounds for the reversal of the administrative decision
unless it appears to the court that such error or failure
materially affected the rights of any party and resulted in substantial
injustice to him or her.
(c) On motion of either party, the circuit court shall make findings
of fact or state the propositions of law upon which its judgment is
based.
(d) The changes to this Section made by Public Act 95-831 apply to all actions filed on or after August 21, 2007 (the effective date of Public Act 95-831). The changes made by this amendatory Act of the 100th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 100th General Assembly. (Source: P.A. 100-212, eff. 8-18-17.)
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(735 ILCS 5/3-112) (from Ch. 110, par. 3-112)
Sec. 3-112.
Appeals.
A final decision, order, or judgment of the Circuit
Court, entered in an action to review a decision of an administrative agency,
is reviewable by appeal as in other civil cases.
(Source: P.A. 88-1.)
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(735 ILCS 5/3-113)
Sec. 3-113. Direct review of administrative orders by the appellate court.
(a) Unless another time is provided specifically by the law authorizing
the review, an action for direct review of a final administrative decision of
an administrative agency by the appellate court shall be commenced by the
filing of a petition for review in the appellate court within 35 days from the
date that a copy of the decision sought to be reviewed was served upon the
party affected by the decision. The method of service of the decision shall be
as provided in the Act governing the procedure before the administrative
agency, but if no method is provided, a decision shall be deemed to have
been served either when a copy of the decision is personally delivered or
when a copy of the decision is deposited in the United States mail, in a sealed
envelope or package, with postage prepaid, addressed to the party affected by
the decision at his or her last known residence or place of business.
(b) The petition for review shall be filed in the
appellate court and shall specify the parties seeking review and shall
designate the respondent and the order or part thereof to be reviewed. The
administrative agency and all persons, other than the petitioner, who were parties of record to the
proceedings before the
administrative agency shall be made respondents. The method of service of the decision shall be as provided in the Act governing the procedure before the administrative agency, but if no method is provided, a decision shall be deemed to have been served either when a copy of the decision is personally delivered or when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to the party affected by the decision at his or her last known residence or place of business. The form of the summons and the issuance of alias summons shall be according to rules of the Supreme Court.
If, during the course of a review action, the court determines that an agency or a party
of record to the administrative proceedings was not made a defendant as
required by the preceding paragraph, then the
court shall grant the plaintiff 35 days from the date of the determination in
which to name and serve the unnamed agency or party as a defendant. The court shall
permit the newly served defendant to participate in the proceedings to the
extent the interests of justice may require.
(c) The changes to this Section made by this amendatory Act of the 95th General Assembly apply to all actions filed on or after the effective date of this amendatory Act of the 95th General Assembly. (Source: P.A. 95-831, eff. 8-14-08.)
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(735 ILCS 5/Art. IV heading) ARTICLE IV
ATTACHMENT
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(735 ILCS 5/Art. IV Pt. 1 heading) Part 1.
In General
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(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
Sec. 4-101. Cause. In any court having competent jurisdiction, a creditor
having a money claim, whether liquidated or unliquidated, and whether sounding
in contract or tort, or based upon a statutory cause of action created by law
in favor of the People of the State of Illinois, or any agency of the State,
may have an attachment against the property of his or her debtor, or that of
any one or more of several debtors, either at the time of commencement of the
action or thereafter, when the claim exceeds $20,
in any one of the following cases:
1. Where the debtor is not a resident of this State.
2. When the debtor conceals himself or herself or | ||
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3. Where the debtor has departed from this State with | ||
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4. Where the debtor is about to depart from this | ||
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5. Where the debtor is about to remove his or her | ||
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6. Where the debtor has within 2 years preceding the | ||
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7. Where the debtor has, within 2 years prior to the | ||
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8. Where the debtor is about fraudulently to conceal, | ||
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9. Where the debt sued for was fraudulently | ||
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10. When the debtor is a person convicted of first | ||
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11. (Blank).
(Source: P.A. 101-235, eff. 1-1-20.)
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(735 ILCS 5/4-102) (from Ch. 110, par. 4-102)
Sec. 4-102.
Construed for detection of fraud.
This Act shall be construed
in all courts in the most liberal manner for the detection of fraud.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-103) (from Ch. 110, par. 4-103)
Sec. 4-103.
Venue.
The venue provisions applicable to other civil cases
shall apply to attachment proceedings; and in addition thereto, attachment
proceedings may be brought in the county where property or credits of the
debtor are found.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-104) (from Ch. 110, par. 4-104)
Sec. 4-104.
Affidavit.
A plaintiff seeking the entry of an order for
attachment shall file with the court an affidavit based upon the personal
knowledge of the affiant and showing:
1. the amount of the claim, so far as practicable, after allowing all
just credits and set-offs;
2. facts establishing any one or more of the causes set forth in Section
4-101 of this Act;
3. the place of residence of the defendant, if known, and if not known,
that upon diligent inquiry the affiant has been unable to ascertain the
place of residence; and
4. facts establishing the cause of action against the defendant.
The plaintiff shall file an additional statement in writing, either embodied
in such affidavit or separately, to the effect that the action invoked by
such affidavit does or does not sound in tort and a designation of the return
day for the summons to be issued in the action; and the court, if it is
satisfied that the affidavit has established a prima facie case, shall enter
an order for attachment.
In all actions sounding in tort, before an order for attachment
is entered, the plaintiff, his or her agent or attorney, shall apply to
the circuit court of the county in which the action is to be
brought or is pending and be examined, under oath, by the court
concerning the cause of action; and, thereupon, the court shall indorse
upon the affidavit the amount of damages for which the order for
attachment shall be entered,
and no greater amount shall be claimed.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-105) (from Ch. 110, par. 4-105)
Sec. 4-105.
Form of affidavit.
Affidavits for attachment in
courts may be substantially
in the following form:
STATE OF ILLINOIS, ) ) ss.......... County )
A B, being duly sworn, says: That (here state if affiant is agent or
attorney of the creditor; if the action is by an individual or corporation,
the name of the individual or corporation, and if the action is by a
firm, the name of the partners) has a just claim against (name of
debtor), on account of (here state facts giving rise to the cause of action and
amount of the claim), and the affiant believes (the name of the
creditor) is entitled to recover of (name of debtor), after
allowing all just credits and set-offs .... dollars and .... cents,
which is now due, and that he, she or it has good reason to believe and does
believe that (name of debtor) (here state facts which give rise to some
one or more of the causes
which authorize an attachment). (name of debtor) resides at (here state the
residence of the debtor if known, or if not, that the affiant has made
diligent inquiry and cannot ascertain his or her or its place of residence.)
Affiant has personal knowledge that the foregoing statements are true.
.....
Subscribed and sworn to before me on this .... day of ....,....,
.....
My commission expires ....,....,
(If action sounds in tort here include the endorsement of the court as to
amount of damages for which order shall be entered)
(Source: P.A. 83-707.)
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(735 ILCS 5/4-106) (from Ch. 110, par. 4-106)
Sec. 4-106.
Designation of names.
It shall be sufficient, in all cases
of attachment, to
designate defendants by their reputed names, by surnames, and joint
defendants by their separate or partnership names, or by such names,
styles or titles as they are usually known; and heirs, executors and
administrators of deceased defendants shall be subject to the provisions
of Part 1 of Article IV of this Act, in all cases in
which it may be applicable to them.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-107) (from Ch. 110, par. 4-107)
Sec. 4-107. Bond. After the entry of an order for
attachment, as hereinabove stated, the court shall
take bond and sufficient security, payable to the People of the State of
Illinois, for the use of the person or persons interested in the
property attached, in double the sum sworn to be due, conditioned for
satisfying all costs which may be awarded to such defendant, or to any
others interested in the proceedings, and all damages and costs which
shall be recovered against the plaintiff, for wrongfully obtaining the
attachment order, which bond, with affidavit of the party complaining, or
his, her or its
agent or attorney, shall be filed in the court entering
the order for attachment. Every order for attachment entered
without a bond and affidavit
taken, is hereby declared illegal and void, and shall be dismissed.
Nothing herein contained shall be construed to
require the State of Illinois, or any Department of Government thereof,
or any State officer, to file a bond as plaintiff in any proceeding
instituted under Part 1 of Article IV of this Act.
(Source: P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/4-108) (from Ch. 110, par. 4-108)
Sec. 4-108.
Fixing of bond.
The court, upon ex parte motion, without
notice, supported by affidavit of the plaintiff, his or her agent or attorney,
substantially describing the property to be attached, and the value
thereof, may, if satisfied of the bona fides of the application and
sufficiency of the bond under the circumstances of the case, including
proposed garnishments, fix the amount of the bond in double the value of
the property to be attached, instead of double the sum sworn to be due,
and in such event the order shall direct the officer to attach such
specifically described property, but the value of such property to be
attached shall not be in excess of an amount sufficient to satisfy the
debt claimed and costs. The court may require that such affidavit be
supplemented by additional showing, by appraisal or otherwise, as to the
value of such property, and may, upon motion of any party to the action
claiming an interest in such property, either before or after actual
attachment, require additional security, or order release of the
attachment to the extent not covered by adequate double security.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-109) (from Ch. 110, par. 4-109)
Sec. 4-109.
Condition of bond.
The condition of the bond shall be applicable
to additional certified copies of the order for attachment as well as to the
first certified copy of the order for attachment and shall be substantially in
the following form:
The condition of this obligation is such, that whereas the plaintiff has on
(insert date) applied for an order for attachment in the
above
entitled action of .... against the estate of the above named ..... Now, if
the .... shall prosecute the action with effect, or in the case of failure
therein shall satisfy all costs which may be awarded to .... or to any person
or persons interested in the property attached, and all damages and costs which
shall be recovered against the plaintiff for wrongfully obtaining the order for
attachment, then the above obligation to be void; otherwise to remain in full
force and effect.
Additional bonds shall not be required for obtaining additional certified
copies, except as provided in Section 4-115 of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/4-110) (from Ch. 110, par. 4-110)
Sec. 4-110.
Order for attachment.
The order for attachment
required in the preceding section
shall be directed to the sheriff (and, for purpose only of service of
summons, to any person authorized to serve summons), or in case
the sheriff is interested, or otherwise disqualified or prevented from
acting, to the coroner of the county in which the action is commenced, and
shall be made returnable on a return day designated by the plaintiff,
which day shall not be less than 10 days or more than 60 days after
its date. Such order shall
order the officer to attach so much of the estate, real or personal, of
the defendant, to be found in the county, as shall be of value
sufficient to satisfy the debt and costs, according to the
affidavit, but in case any specific property of the defendant, found in
the county, shall be described in the order, then the officer shall attach the
described property only, and no other property.
Such estate or property shall be so attached in the possession of the officer
to secure, or so to provide,
that the same may be liable to further proceedings thereupon, according
to law. The order shall also direct that the officer summon the defendant
to appear and answer the complaint of the plaintiff in court at a specified time
or, at defendant's option, to appear at any time prior thereto and move
the court to set a hearing on the order for the attachment or affidavit;
and that the officer also summon any specified garnishees, to be
and appear in court at a specified time
to answer to what may be held by them for the defendant.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-111) (from Ch. 110, par. 4-111)
Sec. 4-111.
Attachment against joint debtors.
In all cases
where two or more persons are jointly indebted,
either as partners or otherwise, and an affidavit is filed as
provided in Part 1 of Article IV of this Act, so as to bring one or more of
such joint debtors within its provisions, and amenable to an action for
attachment, then the order for attachment shall be entered against the property
and the effects of such as are so brought within the provisions of Part
1 of Article IV of this Act; and the officer shall be also directed to summon, all
defendants to the action, whether the action for attachment is against them or not,
to answer the action, as in other cases of joint defendants.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-112) (from Ch. 110, par. 4-112)
Sec. 4-112.
Serving of order.
Such officer shall without delay serve the
order for
attachment upon the property described in the order, or in the absence of
such description, upon the lands, tenements, goods, chattels, rights,
credits, moneys and effects of the debtor, or upon any lands and
tenements in and to which such debtor has or may claim any equitable
interest or title, of sufficient value to satisfy the claim sworn to,
with costs of the action.
Except as provided in Section 4-116 of this Act, the order
for attachment
may be levied only in the county in which the order is entered, and by a
proper officer of that county.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-113) (from Ch. 110, par. 4-113)
Sec. 4-113.
Certificate of levy.
When an order for attachment
is levied upon any real estate, in
any case, it shall be the duty of the officer making the levy to file a
certificate of such fact with the recorder of the county where such land
is situated; and from and after the filing of the same, such levy shall
take effect, as to creditors and bona fide purchasers, without
notice, and not before.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-114) (from Ch. 110, par. 4-114)
Sec. 4-114.
Serving defendant.
The officer shall also serve a certified
copy of the order upon the defendant therein, if he or she can be found,
in like manner as provided for service of summons in other civil cases.
Such service upon the defendant shall be made as soon as possible after
the entry of the order for attachment upon the property described
in the order, but in no event later than 5 days thereafter. Failure to
make such service upon the defendant within the time provided shall in the
absence of good cause
shown for such delay, be ground for vacating of the attachment order upon
motion of the defendant made at any time. The return of the order shall
state the particular manner in which the order was served.
If the certified copy of the order is served upon the defendant less than
10 days before the return day thereof, the defendant shall not be compelled
to appear or plead until 15 days after the return day designated in the
order. The certified copy of the order for attachment may be
served as a summons upon defendants wherever they may be found in the State, by any
person authorized to serve process in like manner as summons
in other civil cases.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-115) (from Ch. 110, par. 4-115)
Sec. 4-115.
Additional certified copies.
(a) When it appears
by the return of the officer that the
defendant or property of the defendant is not found, or that a garnishee
designated by the order for attachment has not been served, additional
certified copies of the order for attachment may
be issued by the clerk of court on the application of the plaintiff.
(b) Additional certified copies of the order for attachment
may also issue on the application of the
plaintiff where the property attached,
or the property found to be in the possession of the garnishee or
garnishees, is not of a value sufficient to satisfy the claim sworn to,
with costs of the action. The provisions of this subsection shall not be
applicable to cases in which the court order describes specific
property to be attached.
(c) When the order for attachment is directed against specific property
of the defendant and only a portion of the property described is
attached, or the property found to be in the possession of the garnishee or
garnishees, is not of a value sufficient to satisfy the claim sworn to,
with costs of action, a certified copy of the order for attachment
against the
remainder of the property described, may be issued by the clerk of court
upon the application of
the plaintiff. A certified copy of the order for attachment may
also issue where additional
specific property is desired to be attached, but before such certified copy
shall issue the plaintiff shall furnish an additional bond in
accordance with Section 4-108 of this Act, in double the value of the
additional specific property. Where an order for attachment covering
specific property has been entered, a certified copy of the order for
attachment may be issued by the clerk of court on the
application of the plaintiff directing the sheriff to attach sufficient
property of the defendant, which, together with the specific property
already attached, if any, will equal the amount of the plaintiff's
claim, and before such certified copy shall issue the
plaintiff shall furnish in accordance with Section 4-107 of this Act an
additional bond in amount double the value of the additional property to
be attached.
(d) When an additional certified copy is issued, the defendant shall
be served, if he or she can be found, and return shall be made, and the same
proceedings shall be had, as though such additional certified copy was
the original certified copy.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-116) (from Ch. 110, par. 4-116)
Sec. 4-116.
Pursuit of property.
If the defendant, or any person for him
or her, shall be in the act
of removing any personal property, the officer may pursue and take the
same in any county in this State, and return the same to the county from
which such order for attachment issued.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-117) (from Ch. 110, par. 4-117)
Sec. 4-117.
Serving on Sunday.
If it shall appear, by the affidavit, that a debtor is
actually absconding, or concealed, or stands in defiance of an officer
duly authorized to arrest him or her on civil process, or has
departed this State with the intention of having his or her effects and
personal estate removed out of the State, or intends to depart with such
intention, it shall be lawful for the clerk to issue, and sheriff or
other officer to serve a certified copy of the order for attachment
against such debtor, on a Sunday
as on any other day.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-118) (from Ch. 110, par. 4-118)
Sec. 4-118.
Certified copies of order to other county.
The
creditor may, at the same time, or at any time before
judgment, cause a certified copy of an order for attachment
to be issued to any other county in
the State where the debtor may have property liable to be attached,
which shall be levied as other certified copies of orders for attachment.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-119) (from Ch. 110, par. 4-119)
Sec. 4-119.
Forthcoming bond.
The officer serving the order for
attachment shall take and retain the
custody and possession of the property attached, to answer and abide by
the judgment of the court, unless the person in whose possession the
same is found shall enter into bond and security to the officer, to be
approved by the officer, in double the value of the property so attached with
condition that the estate and property shall be forthcoming to
answer the judgment of the court in the action. The sheriff, or other
officer shall return such bond to the court in which the action was
brought, on the day to which such order for attachment is returnable.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-120) (from Ch. 110, par. 4-120)
Sec. 4-120.
Bond or recognizance to pay judgment.
Any defendant in attachment,
desiring the return of property
attached, may, at his or her option, instead of or in substitution for the bond
required in the preceding section, give like bond and security, in a sum
sufficient to cover the amount due sworn to in behalf of the
plaintiff, with all interest, damages and costs of the action, conditioned
that the defendant will pay the plaintiff the amount of the judgment and
costs which may be entered against him or her in that action,
on a final trial,
within 90 days after such judgment shall be entered or a
recognizance, in substance hereinabove stated, may be taken by the court, and
filed of record, in which case the court shall approve of the security
and the recognizance made to the plaintiff, and upon a forfeiture of
such recognizance judgment may be entered and enforced as in
other cases of recognizance. In either case, the attachment shall be
dissolved, and the property taken restored, and all previous
proceedings, either against the sheriff or against the garnishees, set
aside, and the cause shall proceed as if the defendant had been
seasonably served with a summons.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-121) (from Ch. 110, par. 4-121)
Sec. 4-121.
Neglect of officer to take bond.
If the sheriff fails to return
a bond taken by virtue
of the provisions of Part 1 of Article IV of this Act, or has neglected to take one when
he or she ought to have done so, in any attachment entered under any of the provisions
of Part 1 of Article IV of this Act, the plaintiff in the attachment
may cause a rule to be
entered at any time during the first 10 days after the day on which the
order is returnable requiring the sheriff to return the bond;
or in case no bond has been taken, to show cause why such bond was not
taken. If the sheriff does not return the bond within one day
thereafter, or show legal and sufficient cause why the bond has not
been taken, judgment shall be entered against the sheriff for the amount of
the plaintiff's claim, with costs of the action. Enforcement may thereupon
be had after judgment is entered against
the defendant in the attachment action.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-122) (from Ch. 110, par. 4-122)
Sec. 4-122.
Neglect to return sufficient bond.
The plaintiff may, within
30 days after the return of
such bond, except to the sufficiency thereof, reasonable notice of such
exception having been given to the sheriff or other officer who took the
same, and if, upon hearing, the court shall adjudge such security
insufficient, such sheriff shall be subject to the same judgment and
recovery and have the same liberty of defense as if the sheriff had been made
defendant in the attachment, unless good and sufficient security shall
be given within such time as may be directed by the court, and enforcement
may be had thereupon as in other cases of judgment for the payment of money.
Whenever the
judgment of the plaintiff, or any part thereof shall be paid or
satisfied by any such sheriff, he or she shall have the same remedy against the
defendant for the amount so paid by him or her as is now provided by law for
bail against their principal where a judgment is paid or satisfied by them.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-123) (from Ch. 110, par. 4-123)
Sec. 4-123.
Action on bond.
If the plaintiff does not object to the
bond taken by the
sheriff, or the objections are not sustained, and such bond
is forfeited, the plaintiff in the attachment may bring an action
thereon in his or her own name, the same as if such bond had been assigned to
him or her, and judgment shall be entered for the plaintiff against the obligors
in the bond for the value of the property, or if the property is greater
than the amount due upon the judgment, then for the amount due and
costs of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-124) (from Ch. 110, par. 4-124)
Sec. 4-124.
Live stock.
When any sheriff or other officer enforces an
order for attachment by taking possession of horses, cattle or live stock,
and the same are not immediately
replevied or restored to the debtor, such officer shall provide
sufficient sustenance for the support of such live stock until the live
stock is sold or discharged from such attachment. The sheriff or other officer
shall receive
therefor a reasonable compensation, to be ascertained and determined by
the court in which the attachment order was entered, and charged in the fee
bill of such officer, and shall be collectible as part of the costs.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-125) (from Ch. 110, par. 4-125)
Sec. 4-125.
Perishable property.
When any goods and chattels are levied
on by virtue for any order of
attachment, and the sheriff or other officer having custody of such
goods and chattels is of the opinion that they are of a perishable
nature and in danger of immediate waste or decay, such sheriff or other
officer shall demand that the plaintiff in such attachment obtain from
the court which entered the order for attachment an order permitting such
property to be sold not later than 24 hours after the levy has been
made, upon due notice of sale to the defendant and to the public as the
court in its order shall require. The money derived from such sale shall
be applied to satisfy the judgment entered in the attachment action, and deposited
with the clerk of the court to which the certified copy of the order for
attachment is
returnable.
If the plaintiff in the attachment fails or refuses to obtain such an
order for sale of perishable property, the sheriff or other officer
making the levy shall be absolved of all responsibility to any person
for loss occasioned by the failure to sell or care for such perishable
property. The demand of the sheriff or other officer shall be in writing
and shall be delivered to the plaintiff or his or her attorney or agent, and to
the defendant if found. If defendant is not found, a copy of the demand
shall be posted on the premises where the perishable items are located.
Plaintiff's motion for an order of sale of perishable property shall be
treated as an emergency motion.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-126) (from Ch. 110, par. 4-126)
Sec. 4-126.
Summoning garnishees.
The sheriff or any other person authorized
to serve
summons shall, in like manner as summons are served in ordinary
civil cases, summon, wherever they may be found in the State, the
persons mentioned in such order for attachment as garnishees and all other
persons whom the creditor shall designate as having any property,
effects, choses in action or credits in their possession or power,
belonging to the defendant, or who are in anyway indebted to such
defendant, the same as if their names had been inserted in such order
for attachment.
The persons so summoned shall be considered as garnishees. The return
shall state the names of all persons so summoned, and the date of such
service on each.
Persons summoned as garnishees shall thereafter hold any property,
effects, choses in action or credits in their possession or power
belonging to the defendant which are not exempt, subject to the court's
order in such proceeding, and shall not pay to the defendant any
indebtedness owed to him or her subject to such order, and such property,
effects, choses in action, credits and debts shall be considered to have
been attached and the plaintiff's claim to have become a lien thereon
pending such action.
(Source: P.A. 89-364, eff. 1-1-96.)
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(735 ILCS 5/4-127) (from Ch. 110, par. 4-127)
Sec. 4-127.
Notice by publication and mail.
When it shall appear by the
affidavit filed or by the return
of the officer, that a defendant in any attachment action is not a
resident of this State, or the defendant has departed from this State,
or on due inquiry cannot be found, or is concealed within this State, so
that the order for attachment cannot be served upon him
or her, and that property of the
defendant has been attached, or that persons having such property or
effects, choses in action or credits belonging to defendant, or owing
debts to him or her, have been summoned as garnishees, it shall be the duty of
the clerk of the court in which the action is pending to give notice, by
publication at least once in each week for 3 weeks successively, in
some newspaper published in this State, most convenient to the place
where the court is held, of such attachment or garnishment, and at whose
action, against whose estate, for what sum, and before what court the same
is pending, and that unless the defendant shall appear, give bail, and
plead within the time limited for his or her appearance in such case, judgment
will be entered, and the estate so attached or garnisheed sold or
otherwise disposed of as provided by law. Such clerk shall, within
10 days after the first publication of such notice, send a copy thereof
by mail, addressed to such defendant, if the place of residence is
stated in such affidavit; and the certificate of the clerk that he or she has
sent such notice in pursuance of this section, shall be evidence of that
fact.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-128) (from Ch. 110, par. 4-128)
Sec. 4-128.
Default.
No default or proceeding shall be taken against any
defendant not served with summons within the State and not appearing,
unless the first publication or personal service outside of the State be
at least 30 days prior to the day at which such default or
proceeding is proposed to be taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-129) (from Ch. 110, par. 4-129)
Sec. 4-129.
Continuance for want of publication.
If for want of due
publication or service the cause is
continued, the same proceedings shall be had at a subsequent return day
to be fixed by the court, as might have been had at the return day at
which the certified copy of the order for attachment was returnable.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-130) (from Ch. 110, par. 4-130)
Sec. 4-130.
Filing complaint.
The complaint shall be filed 10 days before
the return day
of the certified copy of the order for attachment, and if
so filed the defendant, subject to the
provisions of Section 4-114 of this Act, shall file his or
her answer or otherwise plead
on or before that day. If the complaint is not so
filed the defendant shall not be compelled to appear or answer until
15 days after the return day designated in the order for attachment and if the
complaint is not filed within 5 days after the return day designated in the
order for attachment the defendant may, in the discretion of the court have
the action dismissed.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-131) (from Ch. 110, par. 4-131)
Sec. 4-131.
Pleadings.
The defendant may answer, denying the facts stated
in the affidavit upon which the order for attachment was entered
which answer shall be verified by affidavit; and if, upon the trial thereon,
the issue is found for the plaintiff, the defendant may
answer the complaint or file a motion directed thereto as in other civil
cases, but if found for the defendant, the order for attachment
shall be set aside, and the costs of the attachment shall be adjudged against
the plaintiff, but the action shall
proceed to final judgment as in other civil cases.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-132) (from Ch. 110, par. 4-132)
Sec. 4-132.
Amendments.
Subject to the requirements of Section 4-137
of this Act, no order for attachment shall be vacated, nor the property
taken thereon restored, nor any garnishee discharged, nor any bond by
him or her given canceled, nor any rule entered against the sheriff discharged,
on account of any insufficiency of the original affidavit, order for
attachment or attachment bond, if the plaintiff, or some credible person
for him, her or it shall cause a legal and sufficient affidavit or attachment bond
to be filed, or the order to be amended, in such time and manner as the
court shall direct; and in that event the cause shall proceed as if such
proceedings had originally been sufficient.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-133) (from Ch. 110, par. 4-133)
Sec. 4-133.
Seeking wrong remedy not fatal.
Where relief is sought under Part 1 of Article IV of this Act and the court determines,
on motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which entitle
the plaintiff to relief but that the plaintiff has sought the wrong remedy,
the court shall permit the pleadings to be amended, on just and reasonable
terms, and the court shall grant the relief to which plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-134) (from Ch. 110, par. 4-134)
Sec. 4-134.
Intervention.
In all cases of attachment, any person, other than the
defendant, claiming the property attached, or garnisheed may intervene,
verifying his or her petition by affidavit, without giving bond, but such
property shall not thereby be replevied; and the court shall immediately
(unless good cause be shown by either party for a continuance) direct a
jury to be impaneled to inquire into the right of the property. In all
cases where the jury finds for the claimant, and that such claimant is
also entitled to the possession of all or any part of such property, the
court shall enter judgment for such claimant accordingly and order the
property attached or garnisheed to which such claimant is entitled to be
delivered to such claimant, and the payment of his or her costs in such action.
In cases where the jury finds for a claimant but further finds that such
claimant is not then entitled to the possession of any such property,
such claimant shall be entitled to his or her costs; and where the jury find
for the plaintiff in the attachment, such plaintiff shall recover his or her
costs against such claimant. If such claimant is a non-resident of the
State he or she shall file security for costs as in cases of non-resident
plaintiffs.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-135) (from Ch. 110, par. 4-135)
Sec. 4-135.
Counterclaim.
Any defendant against whom an order for
attachment is entered under Part 1 of Article IV of this
Act, may avail himself or herself of any counterclaim as provided in Section
2-608 of this Act.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-136) (from Ch. 110, par. 4-136)
Sec. 4-136.
Substitution of parties.
The provisions in regard to joinder, nonjoinder or
misjoinder of parties applicable to other civil cases, shall be
applicable to attachment proceedings; and when any action has been
commenced in the name of the wrong party as plaintiff, the court, if
satisfied that it has been so commenced through mistake, and that it is
necessary for the determination of the real matter in dispute so to do,
may allow any other party or parties to be substituted.
No change of parties made, or any other amendment made by order of
court, shall impair any previous attachment of the estate of any defendant
remaining in the action, nor impair any
recognizance or bond given by any party remaining either as
against the defendant, defendants, his, hers, its, or their sureties. No
sureties shall be released by reason of any amendment made by order of
court.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-137) (from Ch. 110, par. 4-137)
Sec. 4-137.
Prompt hearing.
At any time after the entry of an order for
attachment, upon motion of the defendant, the court shall set a hearing
on the order or affidavit. The hearing shall be held as soon as possible
after the motion by the defendant, but shall not be more than 5 days after
service of notice on the plaintiff.
At the hearing, either party may introduce affidavits or oral testimony.
The order for attachment shall be vacated unless the plaintiff shows by a
preponderance of evidence that a cause for the entry of the order exists,
and unless the plaintiff demonstrates to the court the probability that
he, she or it will ultimately prevail in the action.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-138) (from Ch. 110, par. 4-138)
Sec. 4-138.
Proceedings in aid.
Upon the return of certified copies
of orders for attachment issued in aid of actions
pending, unless it shall appear that the defendant or defendants have
been served with process in the original action, notice of the pendency
of the action, and of the issue and levy of the order for attachment, shall be given
as is required in cases of original attachment; and such notification
shall be sufficient to entitle the plaintiff to judgment, and the right
to proceed thereon against the property and estate attached, and against
garnishees, in the same manner and with like effect as if the action had
been commenced as an original action for attachment.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-139) (from Ch. 110, par. 4-139)
Sec. 4-139.
Effect of judgment.
When the defendant has been served with
the order for attachment, or appears
in the action, the judgment shall have the same force and effect as in
other civil cases; and enforcement
may be had thereon, not only
against the property attached, but the other property of the defendant.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-140) (from Ch. 110, par. 4-140)
Sec. 4-140.
Judgment by default.
When the defendant is
notified as hereinabove stated, but not
served with an order for attachment within the State, and
does not appear and answer
the action, judgment by default may be entered, which may be proceeded
upon to final judgment as in other cases of default, but in no case
shall judgment be entered against the defendant for a greater sum than
appears, by the affidavit of the plaintiff, to have been due at the time
of obtaining the order for attachment, with interest, damages
and costs; and such judgment shall bind, and enforcement had against the
property, credits and effects attached, and such judgment
shall not be enforced from any other property of the defendant; nor
shall such judgment be
any evidence of debt against the defendant in any subsequent cases.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-141) (from Ch. 110, par. 4-141)
Sec. 4-141.
Property levied upon.
The property attached may be levied upon
by judgment entered
in the attachment action, whether in the possession of the officer or secured
by bond as provided in Part 1 of Article IV of this Act, and shall
be sold as other property
levied upon for the enforcement of a judgment for the payment of money.
(Source: P.A. 82-783.)
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(735 ILCS 5/4-142) (from Ch. 110, par. 4-142)
Sec. 4-142.
Division of proceeds.
All judgments for the payment of
money in actions for attachment against the same defendant,
returnable on the same day, and all judgments in other civil cases or
orders for attachment against such defendant, recovered within 30
days from the day when the judgment in the first attachment upon which
judgment is recovered is entered, shall
share pro rata, according
to the amount of the several judgments, in the proceeds of the property
attached, either in the possession of a garnishee or otherwise.
If the property is attached while the defendant is removing the same
or after the same has been removed from the county, and the same is
overtaken and returned, or while the same is secreted by the defendant,
or placed out of his or her possession for the purpose of defrauding his
or her creditors, the
court may allow the creditor or creditors through whose diligence the
same has been secured a priority over other attachment or
judgment creditors.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-143) (from Ch. 110, par. 4-143)
Sec. 4-143.
Officer to divide proceeds.
Upon issuing a certified copy
of a judgment for the enforcement thereof against any property attached, the
proceeds of which shall be required to be divided, the clerk shall, at
the same time, prepare and deliver to the sheriff or other officer to
whom the certified copy of the judgment is delivered, a statement of all
judgments, with the
costs thereon, which shall be entitled to share in such proceeds, and
when any judgment creditor shall have been allowed a priority over the
other judgment creditors, the same shall be stated. Upon the receipt of
such proceeds by the sheriff or other officer, he or she shall divide and pay
over the same to the several judgment creditors entitled to share in the
same in the proportion they shall be entitled thereto.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-144) (from Ch. 110, par. 4-144)
Sec. 4-144.
Payment into court.
The court may, at any time before the
proceeds of any
attached property have been paid over to the judgment creditors, order
the whole or any part thereof to be deposited with the clerk of the court,
and the court may enter any
and all orders concerning the same as it deems just.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-145) (from Ch. 110, par. 4-145)
Sec. 4-145.
Sale of live stock.
When any live stock is levied upon
in any attachment
proceeding, the plaintiff may apply to the court in which
the action is pending for an order of sale thereof, and if it shall appear
that the stock is fit for market, or that if not sold will depreciate in
value, then the court shall order a sale of the property on such terms
as shall seem proper, and the proceeds shall be deposited with the clerk
of the court in which the action is pending until determined by the court, and then be
paid to the successful party in the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. IV Pt. 2 heading) Part 2.
Watercraft
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(735 ILCS 5/4-201) (from Ch. 110, par. 4-201)
Sec. 4-201. Liens in general. Every sail vessel,
steamboat, steam dredge, tug boat, scow, canal boat, barge, lighter, and
other water craft of above five tons burthen, used or intended to be
used in navigating the waters or canals of this State, or used in trade
and commerce between ports and places within this State, or having their
home port in this State, shall be subject to a lien thereon, which lien
shall extend to the tackle, apparel and furniture of such craft, as follows:
1. For all debts contracted by the owner or part | ||
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2. For all sums due for wharfage, anchorage or dock | ||
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3. For sums due for towage, labor at pumping out or | ||
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4. For all damages arising for the nonperformance of | ||
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5. For all damages arising from injuries done to | ||
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(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/4-202) (from Ch. 110, par. 4-202)
Sec. 4-202.
Lien on goods for freight.
There shall also be a lien upon
the goods, wares and
merchandise shipped, taken in and put aboard any such water craft for
sums due for freight, advanced charges and demurrage, which shall be
collected against the goods, wares and merchandise in the same manner
as hereinafter provided in Part 2 of Article IV of this Act, in cases
of sums due against such water craft.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-203) (from Ch. 110, par. 4-203)
Sec. 4-203.
Limitation.
Any such lien may be enforced in the manner herein provided
at any time within 5 years. However, no creditor shall be allowed to
enforce such lien as against, or to the prejudice of any other creditor
or subsequent incumbrancer, or bona fide purchaser, unless
proceedings are instituted to enforce such lien within 9 months after
the indebtedness accrues or becomes due.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-204) (from Ch. 110, par. 4-204)
Sec. 4-204.
Complaint.
The person claiming to have a lien under the
provisions of Part 2 of Article IV of
this Act may file in the circuit court, in the county
where any such water craft may be found, a complaint, setting forth the
nature of his or her claim, the amount due after allowing all payments and just
offsets, the name of the water craft, and the name and residence of each
owner known to the plaintiff; and when any owner or his or her place of
residence is not known to the plaintiff, he or she shall so state, and that he or she
has made inquiry and is unable to ascertain the same, which complaint
shall be verified by the affidavit of the plaintiff or his or her agent or
attorney. If the claim is upon an account or instrument in writing, a
copy of the same shall be attached to the complaint.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-205) (from Ch. 110, par. 4-205)
Sec. 4-205.
Bond.
The plaintiff, or his or her agent or attorney, shall
also file with such complaint a bond, payable to the owner of the craft to be
attached, or, if unknown, to the unknown owners thereof, in at least
double the amount of the claim, with security to be approved by the
court, conditioned that the plaintiff shall prosecute his or
her action with effect, or, in case of failure therein, will pay all costs
and damages which the owner or other person interested in such water craft may
sustain, in consequence of the wrongful suing out of such attachment,
which bond may be sued by any owner or person interested, in the same
manner as if it had been given to such person by his or her proper name. Only
such persons shall be required to join in such suit as have a joint
interest. Others may allege breaches and have assessment of damages, as
in other actions on penal bonds.
(Source: P.A. 84-631.)
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(735 ILCS 5/4-206) (from Ch. 110, par. 4-206)
Sec. 4-206.
Designation of defendants.
Upon the filing of such complaint
and bond, the court shall enter an order for attachment
against the owners of such water craft, directed to the sheriff of the
county, or other officer if the sheriff is disqualified or unavailable to
attach such water craft. Such owners may be designated by their reputed
names, by surnames, and joint defendants by their separate or partnership
names, or by such names, styles or titles as they are usually known. If the
name of any owner is unknown, he or she may be designated as unknown owner.
(Source: P.A. 84-631.)
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(735 ILCS 5/4-207) (from Ch. 110, par. 4-207)
Sec. 4-207.
Order.
The order shall
command the sheriff or other officer to attach the vessel, its tackle,
apparel and furniture, to satisfy such claim and costs, and all such
claims as shall be exhibited against such vessel according to law, and
having attached the same, to summon the owners of such vessel, to be
and appear before the court on a specified date to answer what may
be claimed against them and the vessel.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-208) (from Ch. 110, par. 4-208)
Sec. 4-208.
Serving of order.
The sheriff or other officer to whom such
order for attachment is
directed shall forthwith serve a certified copy of the order upon such
defendant as summons is served in other civil cases, and
attaching the vessel, her tackle, apparel and furniture, and shall keep
the same until disposed of as hereinafter provided. The sheriff or
other officer shall also, on or before the return day in such order, or
at any time after the service thereof,
make a return to the court, stating therein particularly
his or her doings in the premises, and shall make, subscribe and annex thereto
a just and true inventory of all the property so attached.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-209) (from Ch. 110, par. 4-209)
Sec. 4-209.
Only one attachment.
Whenever such order for attachment
is entered and served, no other order for
attachment shall be entered against the same water craft, unless the first
attachment is discharged, or the vessel is bonded.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-210) (from Ch. 110, par. 4-210)
Sec. 4-210.
Notice by publication and mail.
Upon return being made to such
order, unless the vessel has
been bonded, as hereinafter provided, the clerk shall immediately cause
notice to be given in the same manner as required in other cases of
attachment. The notice shall contain, in addition to that required in
other cases of attachment, a notice to all persons to intervene for
their interests on a day certain, or that the claim will be heard ex
parte.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-211) (from Ch. 110, par. 4-211)
Sec. 4-211.
Seeking wrong remedy not fatal.
Where relief is sought
under Part 2 of Article IV of this Act and the court determines, on motion directed
to the pleadings, or on motion for summary judgment or upon trial, that
the plaintiff has pleaded or established facts which entitle the plaintiff
to relief but that the plaintiff has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-212) (from Ch. 110, par. 4-212)
Sec. 4-212.
Intervention.
Any person having a lien upon or any interest
in the water craft attached, may intervene to protect such interest, by
filing a petition, entitled an intervening petition; and any person interested
may be made a defendant at his or her request, or that of any party to the
action, and may defend any petition by filing an answer as hereinafter provided,
and giving security, satisfactory to the court, to pay any costs arising
from such defense; and upon the filing of any intervening petition, a summons,
as hereinbefore provided, shall issue; and if the same shall be returned
not served, notice by publication may be given as hereinabove stated and
several intervening petitioners may be united with each other, or the original,
in one notice.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-213) (from Ch. 110, par. 4-213)
Sec. 4-213.
Bond by intervenor.
Any person intervening to enforce any
lien or claims adverse to the owners of the craft attached shall, at the
time of filing the petition, file with the clerk a bond as in the case of
original attachment.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-214) (from Ch. 110, par. 4-214)
Sec. 4-214.
Intervening petition.
Intervening petitions may be filed
at any time before the vessel is bonded, as provided in Section 4-216 of
this Act, or, if the same is not so bonded, before order for
distribution of the proceeds of the sale of the craft, and the same proceeding
shall thereupon be had as in the case of claims filed before sale.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-215) (from Ch. 110, par. 4-215)
Sec. 4-215.
Liens not filed cease.
All liens upon any water craft which
are not filed hereunder before sale under judgment, as hereinafter provided,
shall cease.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-216) (from Ch. 110, par. 4-216)
Sec. 4-216.
Bonding vessel.
The owner, his or her agent or attorney,
or any other person interested in such water craft, desiring the return
of the property attached, having first given notice to the plaintiff, his
or her agent or attorney, of his or her intention to bond the same, may,
at any time before judgment, file with the court in which the action is
pending, a bond to the parties, having previously filed a complaint or intervening
petition against such craft, in a penalty at least double the aggregate
of all sums alleged to be due the several plaintiffs or intervening petitioners,
with security to be approved by the court, conditioned that the obligors
will pay all moneys adjudged to be due such claimants, with costs of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-217) (from Ch. 110, par. 4-217)
Sec. 4-217.
Appraisement - Restitution - Sale.
If the owner, his or
her agent or attorney, or other party in
interest, so elect, in place of bonding, as heretofore provided, such person
may apply to the court upon like notice, for an order
of appraisement of such water-craft so seized, by three competent
persons to be appointed by the court and named in the
order, and upon such party depositing with the clerk the amount of such
appraisement in money, or executing or filing with the clerk a bond for such
amount, executed as provided in the preceding section, the court shall
enter an order of restitution, as provided in the next
section, and if the claimant of such water-craft shall decline any such
application, or neglect within 20 days to accept such appraisement and make
the deposit, or give bond as hereinabove stated, or the property seized
shall be liable to decay, depreciation or injury from delay, the court, in
its discretion, may order the same or part thereof to be sold, and the
proceeds thereof to be brought into court to abide the results of the action.
(Source: P.A. 84-631.)
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(735 ILCS 5/4-218) (from Ch. 110, par. 4-218)
Sec. 4-218.
Order of restitution.
Upon receiving a bond or deposit, as
provided in either of the foregoing sections, the court shall
enter an order of restitution, directing the officer who attached the
water-craft to deliver the same to the person from whose possession it was
taken, and the water-craft shall be discharged from all the
liens secured by such bond or deposit, unless the court,
upon motion, orders it again into custody on account
of the insufficiency or insolvency of the surety.
(Source: P.A. 84-631.)
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(735 ILCS 5/4-219) (from Ch. 110, par. 4-219)
Sec. 4-219.
Additional security.
If any plaintiff or intervening petitioner,
at any time, deems
his or her security insufficient, or has become imperiled, he or she may, by motion
supported by affidavit filed, and upon notice served with copy of such
affidavit and motion, move the court to direct the giving of additional
security, which motion shall be promptly heard and determined, and such
order made therein as justice shall require; and the court may
enforce all orders so made by attachment for contempt against
persons, or by orders against such water-craft, or otherwise.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-220) (from Ch. 110, par. 4-220)
Sec. 4-220.
Answer - Default.
Within 3 days after the return day of summons - if
personally served 10 days before the day on which it is returnable, or
within 13 days after such return day, if personally served less
than 10 days prior thereto, or if not personally served, then within
the time prescribed in the published notice - the owner or any person
interested adversely to the claims mentioned in the notice, unless on
cause shown, further time shall be allowed by the court, shall plead to the complaint
as in other civil cases. If an answer is filed, the
answer shall respond completely and distinctly to each allegation of the
complaint, and shall be supported by affidavit.
If no such answer
or motion, together with an affidavit is filed within the
time above specified, the plaintiff is entitled to an order of default, and
the claim may be proved and judgment entered as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-221) (from Ch. 110, par. 4-221)
Sec. 4-221.
Judgment when vessel discharged.
If, after trial, judgment
is entered in favor of the plaintiff,
and the water craft has been discharged from custody as herein provided,
the judgment shall be entered against the principal and sureties in
the bond. In no case shall the judgment exceed the
penalty of the bond, and the subsequent proceedings shall be the same as
now provided by law in actions in personam. If
the release has been upon deposit, the judgment shall be paid out of
the deposit.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-222) (from Ch. 110, par. 4-222)
Sec. 4-222.
Judgment when vessel in custody.
In case the water craft has
not been discharged from
custody, the judgment shall be that the same, with the appurtenances, be
sold at public sale by the sheriff, after notice of the time and place
of the sale, published as herein required in cases of seizure, at least
10 days before such sale. In case of petition filed
prior to distribution, the judgment shall be for payment out of the
proceeds of sale, and in case of claims filed against surplus proceeds,
the judgment, if in favor of the petitioner, shall, in substance, affirm
the claim to be sustained, and direct payment thereof from the surplus
proceeds.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-223) (from Ch. 110, par. 4-223)
Sec. 4-223.
Order of sale.
The court shall thereupon enter an order
of sale, commanding
the sheriff to sell such water craft as directed in the judgment, and to
return the certified copy of the order of sale within 24 hours after the
sale, with his or her
doings in the premises, and with proof by affidavit of the requisite
notice, with a copy of such notice.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-224) (from Ch. 110, par. 4-224)
Sec. 4-224.
Proceedings on sale.
It shall be the duty of the sheriff,
upon receiving the
amount of the bid at any sale, either before or after judgment, from the
purchaser, or in case the purchaser is the plaintiff or an intervenor, upon
receiving so much of the bid as the court directs
by order, reference being had to the relative amount of the
buyer's claim, to deliver such water craft and appurtenances to the
purchaser, with a bill of sale thereof, and to return and to deliver to
the clerk of court the amount received on such sale.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-225) (from Ch. 110, par. 4-225)
Sec. 4-225.
Bill of sale.
A copy of the last enrollment, if any, of such water craft
shall be recited in the bill of sale if such copy can be obtained, and a
copy of the judgment, with the order of sale, or if such craft is sold
pursuant to an order before judgment, a copy of such order shall also be
recited in such bill of sale, certified by the clerk, under the seal of
the court; and such bill of sale shall be full and complete evidence of
the regularity of the judgment or order and sale, in all courts and
places, and shall supersede the necessity of any other proof thereof to
validate the bill of sale; and all bills of sale containing such
recital, and supported by such proof, are effectual to pass the
title of such water craft.
(Source: P.A. 82-280.)
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(735 ILCS 5/4-226) (from Ch. 110, par. 4-226)
Sec. 4-226.
Distribution.
The sum delivered by the sheriff to the clerk
of court as above set out,
shall be distributed by the court upon motion of any party in interest
of record, and due notice to the other parties, and after the following
manner:
First - The costs accruing upon all complaints filed before
distribution, and on which judgment is or may be thereafter entered in
favor of plaintiff.
Second - Seamen's (which term shall include the master) wages due upon
the last two voyages, or if shipped by the month the last two months.
Third - All other claims filed prior to order of distribution on which
judgment may be entered in favor of plaintiff, together with whatever
balance may be due seamen.
(Source: P.A. 83-707.)
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(735 ILCS 5/4-227) (from Ch. 110, par. 4-227)
Sec. 4-227.
Remnants.
Any portion of the sum so paid by the sheriff to the
clerk, or of a deposit remaining after such distribution as hereinabove
provided, shall be denominated remnants and surplus proceeds, and where any
claim or complaint is filed against the same as provided in Part 2 of Article IV of this Act, distribution shall be directed by the court
after judgment upon motion and notice, as provided in Section 4-226 of this
Act, and after the following order:
First - All costs upon claims passing into judgment which were filed
after distribution.
Second - All other liens enforceable under Part 2 of Article IV of this
Act against the water
craft prior to distribution.
Third - All claims upon mortgages of such water craft or other
incumbrances by the owner, in proportion to the interest they cover and
priority.
Fourth - Upon petition of the creditor, all judgments against the
owner, and which ought equitably to be paid out of the proceeds in
preference to the owner.
Fifth - The owner.
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/4-228) (from Ch. 110, par. 4-228)
Sec. 4-228.
Power of court in distribution.
In case the sum for which
the water craft is sold is
sufficient to pay all the claims filed before distribution, with costs
thereon, and an appeal is taken as provided by law, the court may
order distribution of such portion of the sum brought on sale upon
judgments unappealed from as may seem just and proper.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. V heading) ARTICLE V
COSTS
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(735 ILCS 5/5-101) (from Ch. 110, par. 5-101)
Sec. 5-101.
Security for costs.
In all actions in any court on official bonds for the use of any
person, actions on the bonds of executors, administrators or guardians,
qui tam actions, actions on a penal statute, and in all civil actions,
where the plaintiff, or person for whose use an action is to be
commenced, is not a resident of this State, the plaintiff, or
person for whose use the action is to be commenced, shall, before he
or she institutes such action, file, or cause to be filed, with the clerk of the
court in which the action is to be commenced, security for costs,
substantially in the following form:
A B v. C D - (Title of court.)
I, (E.F.) enter myself security for all costs which may accrue in
the above entitled action.
Dated this .... day of ...., .....
(Signed) E.F.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-102) (from Ch. 110, par. 5-102)
Sec. 5-102.
Approval - Effect of bond.
Such instrument shall be signed
by some responsible person,
being a resident of this State, and be approved by the clerk, and shall
bind such person to pay all costs which may accrue in such action,
either to the opposing party or to any of the officers of the court in
which the action is commenced, or to which it is removed by change of
place of trial or appeal.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-103) (from Ch. 110, par. 5-103)
Sec. 5-103.
Dismissal for want of security.
If any such action is commenced
without filing such written
instrument, the court, on motion, shall dismiss the same, and
the attorney of the plaintiff shall pay all costs accruing thereon,
unless the security for costs is filed within such time as is
allowed by the court, and when so filed it shall relate back to the
commencement of the action; the right to require security for costs shall
not be waived by any proceeding in the action.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-104) (from Ch. 110, par. 5-104)
Sec. 5-104.
Events after filing action.
If at any time after the commencement
of any action by a
resident of this state, he or she becomes non-resident; or if in any case
the court is satisfied that any plaintiff is unable to pay the
costs of the action, or that he or she is so unsettled as to endanger the officers of
the court with respect to their legal claims, it shall be the duty of
the court, on motion of the defendant or any officer of the court, to
order the plaintiff, on or before a day in such order stated, to give
security for the payment of costs in such action. If such plaintiff
neglects or refuses, on or before the day in such order stated, to file
a written
instrument of some responsible person, being a resident of
this state, whereby he or she shall bind himself or herself to pay all costs which have
accrued, or may accrue in such action, the court shall, on motion,
dismiss the action. The defendant or officer making such
motion shall file therewith his or her affidavit, or the affidavit of some
credible person, stating that he or she has reason to believe, and does
believe, that in case such action is prosecuted to a conclusion, a
judgment will be entered against such plaintiff for such costs.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-105) (from Ch. 110, par. 5-105)
Sec. 5-105. Waiver of court fees, costs, and charges.
(a) As used in this Section:
(1) "Fees, costs, and charges" means payments imposed | ||
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(2) "Indigent person" means any person who meets one | ||
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(i) He or she is receiving assistance under one | ||
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(ii) His or her available personal income is 125% | ||
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(iii) He or she is, in the discretion of the | ||
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(iv) He or she is an indigent person pursuant to | ||
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(3) "Poverty level" means the current poverty level | ||
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(b) On the application of any person, before or after the commencement of
an action: (1) If the court finds that the applicant is an | ||
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(2) If the court finds that the applicant satisfies | ||
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(i) the court shall waive 75% of all fees, costs, | ||
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(ii) the court shall waive 50% of all fees, | ||
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(iii) the court shall waive 25% of all fees, | ||
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(c) An application for waiver of court fees, costs, and charges
shall be in writing and signed by the applicant, or, if the
applicant is a minor or an incompetent adult, by another
person having knowledge of the facts. The contents of the application for waiver of court fees, costs, and charges, and the procedure for the decision of the applications, shall be
established by Supreme Court Rule. Factors to consider in evaluating an application shall include: (1) the applicant's receipt of needs based | ||
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(2) the employment status of the applicant and amount | ||
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(3) income received from the applicant's pension, | ||
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(4) income received by the applicant from other | ||
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(5) the applicant's monthly expenses, including | ||
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(6) financial affidavits or other similar supporting | ||
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(c-5) The court shall provide, through the
office of the clerk of the court, the application for waiver of court fees, costs, and charges to any person
seeking to sue or defend an action who indicates an inability to pay the fees,
costs, and charges of the action. The clerk of the court shall post in
a conspicuous place in the courthouse a notice no smaller than 8.5 x 11 inches,
using no smaller than 30-point typeface printed in English and in Spanish,
advising
the public that they may ask the court for permission to sue or defend a civil
action without payment of fees, costs, and charges. The notice shall be
substantially as follows:
"If you are unable to pay the fees, costs, and | ||
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(d) (Blank).
(e) The clerk of the court shall not refuse to accept and file any
complaint,
appearance, or other paper presented by the applicant if accompanied by an
application for waiver of court fees, costs, and charges, and those papers shall be
considered filed on the date the application is presented. If the application
is denied or a partial fees, costs, and charges waiver is granted, the order shall state a date certain by which the necessary fees,
costs, and charges must be paid. For good cause shown, the court may allow an
applicant who receives a partial fees, costs, and charges waiver to defer payment of fees, costs, and
charges, make installment payments, or make payment upon reasonable terms and
conditions stated in the order. The court may dismiss the claims or strike the defenses of
any party failing to pay the fees, costs, and charges within the time and in the
manner ordered by the court. A judicial ruling on an application for waiver of court assessments does not constitute a decision of a substantial issue in the case under Section 2-1001 of this Code.
(f) The order granting a full or partial fees, costs, and charges waiver shall expire after one year. Upon expiration of the waiver, or a reasonable period of time before expiration, the party whose fees, costs, and charges were waived may file another application for waiver and the court shall consider the application in accordance with the applicable Supreme Court Rule.
(f-5) If, before or at the time of final disposition of the case, the court obtains information, including information from the court file, suggesting that a person whose fees, costs, and charges were initially waived was not entitled to a full or partial waiver at the time of application, the court may require the person to appear at a court hearing by giving the applicant no less than 10 days' written notice of the hearing and the specific reasons why the initial waiver might be reconsidered. The court may require the applicant to provide reasonably available evidence, including financial information, to support his or her eligibility for the waiver, but the court shall not require submission of information that is unrelated to the criteria for eligibility and application requirements set forth in subdivision (b)(1) or (b)(2) of this Section. If the court finds that the person was not initially entitled to any waiver, the person shall pay all fees, costs, and charges relating to the civil action, including any previously waived fees, costs, and charges. The order may state terms of payment in accordance with subsection (e). The court shall not conduct a hearing under this subsection more often than once every 6 months. (f-10) If, before or at the time of final disposition of the case, the court obtains information, including information from the court file, suggesting that a person who received a full or partial waiver has experienced a change in financial condition so that he or she is no longer eligible for that waiver, the court may require the person to appear at a court hearing by giving the applicant no less than 10 days' written notice of the hearing and the specific reasons why the waiver might be reconsidered. The court may require the person to provide reasonably available evidence, including financial information, to support his or her continued eligibility for the waiver, but shall not require submission of information that is unrelated to the criteria for eligibility and application requirements set forth in subdivisions (b)(1) and (b)(2) of this Section. If the court enters an order finding that the person is no longer entitled to a waiver, or is entitled to a partial waiver different than that which the person had previously received, the person shall pay the requisite fees, costs, and charges from the date of the order going forward. The order may state terms of payment in accordance with subsection (e) of this Section. The court shall not conduct a hearing under this subsection more often than once every 6 months. (g) A court, in its discretion, may appoint counsel to represent an indigent
person, and that counsel shall perform his or her duties without fees, charges,
or reward.
(h) Nothing in this Section shall be construed to affect the right of a
party to sue or defend an action in forma pauperis without the payment of fees,
costs, charges, or the right of a party to court-appointed counsel, as
authorized by any other provision of law or by the rules of the Illinois
Supreme Court. Nothing in this Section shall be construed to limit the authority of a court to order another party to the action to pay the fees, costs, and charges of the action.
(h-5) If a party is represented by a civil legal services provider or an attorney in a court-sponsored pro bono program as defined in Section 5-105.5 of this Code, the attorney representing that party shall file a certification with the court in accordance with Supreme Court Rule 298 and that party shall be allowed to sue or defend without payment of fees, costs, and charges without filing an application under this Section. (h-10) (Blank). (i) The provisions of this Section are severable under Section 1.31 of the
Statute on Statutes.
(Source: P.A. 101-36, eff. 6-28-19; 102-558, eff. 8-20-21.)
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(735 ILCS 5/5-105.5)
Sec. 5-105.5. Representation by civil legal services provider.
(a) As used in this Section:
"Civil legal services" means legal services in noncriminal matters provided
without charge to indigent persons who have been found eligible under financial
eligibility guidelines established by the civil legal services provider.
"Civil legal services provider" means a not-for-profit corporation that (i)
employs one or more attorneys who are licensed to practice law in the State of
Illinois and who directly provide free civil legal services or (ii) is established
for the purpose of providing free civil legal services by an organized panel of pro
bono attorneys.
"Court-sponsored pro bono program" means a pro bono program established by or in
partnership with a court in this State for the purpose of providing free civil legal services by
an organized panel of pro bono attorneys. "Eligible client" means an indigent person who has been found eligible for
civil legal services by a civil legal services provider or court-sponsored pro bono program.
"Indigent person" means a person whose income is 125% or less of the current
official federal poverty income guidelines or who is otherwise eligible to
receive civil legal services under the eligibility guidelines of the civil legal services provider or court-sponsored pro bono program.
(b) When a party is represented in a civil action by a civil legal services
provider or attorney in a court-sponsored pro bono program, all fees and costs relating to filing, appearing, transcripts on
appeal, and service of process shall be waived without the necessity of a
motion for that purpose, and the case shall be given an index number or other
appropriate filing number, provided that (i) a determination has been made by
the civil legal services provider or attorney in a court-sponsored pro bono program that the party is an indigent person and (ii) an
attorney's certification that that determination has been made is filed with
the clerk of the court along with the complaint, the appearance, or any other
paper that would otherwise require payment of a fee.
(c) The changes made to this Section by this amendatory Act of the 98th General Assembly apply to all actions commenced on or after July 1, 2013. The changes made to this Section by this amendatory Act of the 98th General Assembly also apply to all actions pending on or after the effective date of this amendatory Act of the 98th General Assembly, but only with respect to fees and costs that become due in those actions after July 1, 2013.(Source: P.A. 98-351, eff. 8-15-13.)
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(735 ILCS 5/5-106) (from Ch. 110, par. 5-106)
Sec. 5-106.
Lien of officer.
Where any person has been permitted by any
court to commence
and prosecute or to defend an action as a poor person without the payment
of costs and expenses, the clerk of the court
and the sheriff shall each
have a lien upon every claim, including every claim for
unliquidated damages, asserted in such action by the party who has thus
been permitted to sue or defend as a poor person, and upon the proceeds
thereof, for the amount of all fees and charges, becoming due such
officer under the provisions of Section 5-105 of this Act, and remaining
unpaid. Of the existence of such lien the order of court permitting the
party to proceed as a poor person shall be sufficient notice to all
other parties in the cause, as well as to any insurer or other third
party in anyway liable for payment of any such claim or
portion thereof, who shall have been called upon to defend against the
same or otherwise notified of the commencement of such action and the
assertion of such claim.
On petition filed in the court in which the action has been commenced,
the court shall, on not less than 5 days' notice to all parties
concerned, adjudicate the rights of the petitioning officer or officers
and enforce the lien or liens by all appropriate means.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-107) (from Ch. 110, par. 5-107)
Sec. 5-107.
Affidavit.
If, prior to the commencement of an action in a court, a
person desiring to commence such action in such court, files with the
clerk thereof an affidavit, stating that the affiant is a poor person and unable
to pay costs, and that his or her cause of action is meritorious, the clerk
shall issue, and the sheriff shall serve, all necessary process without
requiring costs; if judgment is entered against such
plaintiff, it shall be for costs, unless the court shall otherwise
order.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-108) (from Ch. 110, par. 5-108)
Sec. 5-108.
Plaintiff to recover costs.
If any person sues in any court of this state in any action for damages
personal to the plaintiff, and recovers in such action, then judgment shall
be entered in favor of the plaintiff
to recover
costs against the defendant, to be taxed, and the same shall be
recovered and enforced as other
judgments for the payment of money, except in
the cases hereinafter provided.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-109) (from Ch. 110, par. 5-109)
Sec. 5-109.
Defendant to recover costs.
If any person sues in any
court of this state, in any
action, wherein the plaintiff may have costs in case judgment is
entered in favor of the plaintiff and the action is voluntarily dismissed by the
plaintiff or is dismissed for want of prosecution or judgment is entered
against the plaintiff, then judgment shall be entered in favor of defendant
to recover defendant's costs against the plaintiff (except against executors or
administrators prosecuting in the right of their testator or intestate),
to be taxed, and the costs shall be recovered of the plaintiff, by like
process as the plaintiff may have had against the defendant, in case
judgment had been entered for such plaintiff.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-110) (from Ch. 110, par. 5-110)
Sec. 5-110.
Judgment on motion.
If in any action, judgment upon any
motion directed to the
complaint, answer or reply, by either party to the action, is
entered against the plaintiff, the defendant shall recover costs against
the plaintiff. If such judgment is entered in favor of the plaintiff, the
plaintiff shall
recover costs against the defendant; and the person so recovering costs
may collect same in the same manner as judgments for the payment of money are enforced.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-111) (from Ch. 110, par. 5-111)
Sec. 5-111.
Pleading several matters.
Where any defendant in any action,
or plaintiff in
replevin, pleads several matters, and any of such matters, upon a
motion directed to the complaint, answer or reply, is adjudged
insufficient, or if judgment is entered, in any issues of the cause,
for the plaintiff, costs shall be awarded at the discretion of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-112) (from Ch. 110, par. 5-112)
Sec. 5-112.
Several counts.
Where there are several counts in any complaint, and any
one of them is adjudged insufficient, or a judgment on any issue joined
thereon is entered for the defendant, costs shall be awarded in the discretion
of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-113) (from Ch. 110, par. 5-113)
Sec. 5-113.
Several defendants.
Where several persons are made defendant
to any action, if
judgment is entered in favor of any one or more of the defendants,
each defendant shall recover costs in the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-114) (from Ch. 110, par. 5-114)
Sec. 5-114.
Scire facias and prohibition.
In all actions of scire
facias, or prohibition, the plaintiff recovering judgment
after an answer was filed, or a motion directed to the complaint,
shall recover his or her costs of the action. If the action is
voluntarily dismissed by the plaintiff or is dismissed for want of
prosecution or judgment is entered against the plaintiff, the
defendant shall recover his or her costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-115) (from Ch. 110, par. 5-115)
Sec. 5-115.
Number of witnesses.
The court may limit the number of
witnesses whose fees are
to be taxed against any party to such number, not less than 2, as
shall appear to the court to be necessary.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-116) (from Ch. 110, par. 5-116)
Sec. 5-116.
Dismissals.
In all cases, where any action is voluntarily dismissed by
the plaintiff or is dismissed for want of prosecution by reason
that the plaintiff neglects to prosecute the same, the defendant shall
recover judgment for his or her costs, to be taxed and to be
collected in the same manner as judgments for the payment of money are enforced.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-117) (from Ch. 110, par. 5-117)
Sec. 5-117.
Action by State.
In all actions commenced or to be commenced for
and on behalf of the people of this state, or the governor thereof, or
for or on behalf of any county of this state, or in the name of any
person for the use of the people of this state, or any county, then and
in every such case, if the plaintiff recovers
in such action, the plaintiff shall recover costs as any other
person in like cases; but if the action is voluntarily dismissed by the
plaintiff or is dismissed for want of prosecution or judgment is
entered against the plaintiff, the defendant shall not recover any
costs whatever. Nothing in this section contained shall extend to any
popular action, nor to any action to be prosecuted by any person in
behalf of himself or herself and the people or a county, upon any penal statute.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-118) (from Ch. 110, par. 5-118)
Sec. 5-118.
Costs on dismissal.
Upon the action being dismissed, or
the defendant dismissing
the same for want of prosecution, the defendant shall recover against
the plaintiff full costs; and in all other civil cases, not otherwise
directed by law, it shall be in the discretion of the court to award
costs or not; and the payment of costs, when awarded, may be collected in
the same manner as judgments for the payment of money are enforced.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-119) (from Ch. 110, par. 5-119)
Sec. 5-119.
Action for use of another.
When judgment for costs is entered
against a plaintiff suing
for the use of another, such judgment shall also be against the person
for whose use the action is brought, in like manner as if he or she had been a
joint plaintiff, and the same may be collected in the same manner as judgments
for the payment of money are enforced.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-120) (from Ch. 110, par. 5-120)
Sec. 5-120.
Affirmance or reversal on appeal.
If any person takes
an appeal to review the judgment
of any other court, and the judgment is affirmed or the appeal is
dismissed, the appellee shall recover costs, which may be collected in the
same manner as judgments for the payment of money are enforced;
and if the judgment is reversed, the appellant shall recover
costs, which may be collected in the same manner as judgments for the payment
of money are enforced.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-120.5) Sec. 5-120.5. Administrative review, code compliance. (a) In an administrative review action under Article III of this Code, if the court reverses the decision of a municipal code hearing officer in an action set forth under subsection (c) of this Section, then the court may award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the action if the court finds that: (i) the decision of the hearing officer was arbitrary and capricious; or (ii) the defendant failed to file a record under Section 3-108 of this Code that is sufficient to allow the court to determine whether the decision of the hearing officer was arbitrary and capricious. (b) The court may award the municipality reasonable costs, including court costs and attorney's fees, if the court finds that the plaintiff's action under Article III of this Code for administrative review of a decision by the municipal code hearing officer is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law. (c) This Section applies only to the decision of a code hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation related to the condition or use of that residential property. This Section does not apply to any administrative decision of a municipality with a population of more than 500,000. (d) The provisions of this Section are mutually dependent and inseverable; if any provision is held invalid, then the entire Section is invalid.
(Source: P.A. 98-1105, eff. 1-1-15.) |
(735 ILCS 5/5-121) (from Ch. 110, par. 5-121)
Sec. 5-121.
Clerks to tax costs.
The clerk of any court in this state
is hereby authorized
and required to tax and subscribe all bills of costs arising in any
action or proceeding instituted in which such person is clerk,
agreeably to the
rates which shall, at that time, be allowed or specified by law
and shall in no case allow any item or charge unless the clerk shall be
satisfied that the service for which it was made was actually performed
in the action or proceeding.
(Source: P.A. 83-707.)
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(735 ILCS 5/5-122) (from Ch. 110, par. 5-122)
Sec. 5-122.
Postage as costs.
When service or return of process is made by mail, the
postage and postal fees may be recovered as costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-123) (from Ch. 110, par. 5-123)
Sec. 5-123.
Retaxing costs.
Any person who is dissatisfied by the taxation
of any bill of costs by the clerk may apply to the court in which
the action or proceeding was had to retax the same, according to law. If
the court finds any charge allowed for services not performed,
or for which the person charged is not liable, or any item charged
higher than is allowed by law, then the court shall correct such
taxation; and if the dissatisfied party has paid such unlawful
charge, the clerk shall pay to the dissatisfied party, out of fees in the possession
of the clerk, the amount which such party has
paid by reason of the unlawful charge.
(Source: P.A. 84-552.)
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(735 ILCS 5/5-124) (from Ch. 110, par. 5-124)
Sec. 5-124.
Stay of enforcement of fee bill.
When
collection of any fee bill is
attempted, the dissatisfied party
may stay the enforcement of the fee bill by giving
to the officer attempting collection,
bond with sufficient sureties, to be approved by such
officer, in the amount of such fee bill, conditioned for the
payment of such fee bill if the same is not quashed; and upon receiving
such bond, such officer shall forthwith return the fee bill and bond to
the court. If it appears to the court that any item or charge contained
in such fee bill is not authorized by law, or is for services not
actually rendered, or any item is charged in an amount which is higher than
is allowed by law,
the court shall quash such fee bill and bond, and correct
the taxation of the costs for which such fee bill was issued, and upon
such correction being made, such costs may be collected in the same manner
as judgments for the payment of money are enforced.
(Source: P.A. 84-553.)
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(735 ILCS 5/5-125) (from Ch. 110, par. 5-125)
Sec. 5-125.
Enforcement of fee bill.
In all cases where either party
is adjudged to pay
costs before final judgment, by reason of setting aside a voluntary
dismissal, a dismissal for want of prosecution or a default, or the
granting of a continuance or new trial, or otherwise, and in all cases
where there is security for costs, or attorney liable for costs, or an
action brought to the use of another, and the plaintiff is
adjudged to pay the costs, either before or upon final judgment, it
shall be lawful for the clerk to prepare and tax a bill of costs so
adjudged to be paid, against the party adjudged to pay the same, and
against his or her security for costs, or other person liable for the payment
thereof, or either of them, and certify the same under the seal of the
court, which being delivered to the sheriff of the proper county, the sheriff
shall demand payment from the person therein charged; if payment is
not made accordingly, within 30 days after such demand, the
sheriff shall levy the same on the goods and chattels, lands and
tenements of the person so chargeable, and proceed therein in the same manner
as judgments for the payment of money are enforced.
(Source: P.A. 82-280.)
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(735 ILCS 5/5-126) (from Ch. 110, par. 5-126)
Sec. 5-126.
Costs after tender.
Whoever is guilty of a trespass or
injury or whoever owes another unliquidated damages or demands arising out
of a contract may at any time, before or after suit is brought, tender what
he or she shall conceive sufficient amends for the injury done or to pay
the unliquidated damages or demands; and if suit has been commenced, also
the costs of suit up to the time of making the tender. If it appears that
the sum tendered was sufficient amends for the injury done or to pay the
damages, and if suit has been commenced was also sufficient to pay the
costs of suit up to the time of making the tender, the plaintiff shall not
be allowed to recover any costs incurred after the tender, but shall be
liable to the defendant for the defendant's costs incurred after that time.
(Source: P.A. 87-409.)
|
(735 ILCS 5/5-126.5)
Sec. 5-126.5. Expenses. The plaintiff shall be allowed to recover as costs those expenses required by law or a law enforcement or court officer for the purposes of enforcing a judgment including levy bonds, replevin bonds, certification of court orders, recording certified orders or memoranda of judgment, and expenses for those assisting a sheriff or other court officer in enforcing court orders including, but not limited to, orders for possession, replevin orders, and personal property levies.
(Source: P.A. 95-661, eff. 1-1-08.) |
(735 ILCS 5/5-127) Sec. 5-127. Charges relating to electronic filing. All charges relating to the electronic filing of cases and pleadings, imposed by the court, clerk of the court, county, or a person with whom the court, clerk, or county may contract, are taxable as court costs.
(Source: P.A. 99-744, eff. 8-5-16.) |
(735 ILCS 5/Art. VI heading) ARTICLE VI
EJECTMENT
|
(735 ILCS 5/6-101) (from Ch. 110, par. 6-101)
Sec. 6-101.
Bringing action.
An action of ejectment
may be brought in the cases and manner
heretofore accustomed, subject to the provisions contained in Article VI of this Act.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-102) (from Ch. 110, par. 6-102)
Sec. 6-102.
Interest in land.
It may also be brought to recover lands, tenements or
hereditaments, and by any person claiming an estate therein, in fee for
life or for years, whether as heir, legatee or purchaser.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-103) (from Ch. 110, par. 6-103)
Sec. 6-103.
Lessee of United States or of this State.
In all cases in which
any person has heretofore entered upon
and occupied or shall hereafter enter upon and occupy, any lands,
tenements or hereditaments within this state, by virtue of any lease or
permit from the United States or this state, such person, his, her or
their legatees, executors, administrators, heirs or assigns, may have
and maintain an action of ejectment
against any person who has or may enter upon such lands, tenements or
hereditaments without the consent of such lessee, his, her or their
legatees, executors, administrators, heirs or assigns, and proof of
the right of possession shall be
sufficient to authorize a recovery.
(Source: P.A. 83-707.)
|
(735 ILCS 5/6-104) (from Ch. 110, par. 6-104)
Sec. 6-104.
Interest of plaintiff.
No person shall recover in ejectment
unless he or she has, at the
time of commencing the action, a valid subsisting interest in the
premises claimed, and a right to recover the same, or to recover the
possession thereof, or of some share, interest or portion thereof, to be
proved and established at the trial.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-105) (from Ch. 110, par. 6-105)
Sec. 6-105.
Joinder of plaintiffs.
Any two or more persons claiming
the same premises as joint
tenants or tenants in common, may join in an action for the
recovery thereof, or any one may sue alone for his or her share.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-106) (from Ch. 110, par. 6-106)
Sec. 6-106.
Joinder of defendants.
If the premises for which the action
is brought are actually
occupied by any person, such actual occupant shall be named defendant in
the action; and all other persons claiming title or interest to or in the
same may also be joined as defendants.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-107) (from Ch. 110, par. 6-107)
Sec. 6-107.
Vacant land.
If the premises are not occupied, the action
shall be brought
against some person exercising ownership on the premises claimed,
or claiming title thereto, or some interest therein, at the commencement
of the action.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-108) (from Ch. 110, par. 6-108)
Sec. 6-108.
Pleading as in other civil cases.
The time of filing complaints
in actions of ejectment shall
be the same as in other civil cases; and the rules of pleading and
practice in other civil cases shall apply to actions of ejectment, so
far as they are applicable, and except as is otherwise provided by
Article VI of this Act.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-109) (from Ch. 110, par. 6-109)
Sec. 6-109.
Allegations in complaint.
It shall be sufficient for the
plaintiff to allege in the
complaint that (on some day therein to be specified, and which shall be
after his or her title accrued), he or she was possessed of the premises involved
(describing them as hereinafter provided), and, being so possessed
thereof, that the defendant afterwards (on some day to be stated)
entered into such premises, and that he or she unlawfully withholds from the
plaintiff the possession thereof, to his or her damage any nominal sum the
plaintiff deems proper to state.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-110) (from Ch. 110, par. 6-110)
Sec. 6-110.
Description of premises.
The premises so claimed shall
be described in such complaint
with convenient certainty, so that, from such description, possession of
the premises claimed may be delivered. If the plaintiff claims any
undivided share of interest in any premises, he or she shall state the same
particularly in the complaint; but the plaintiff, in any case, may
recover such part, share or interest in the premises as he or she shall appear
on the trial to be entitled to.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-111) (from Ch. 110, par. 6-111)
Sec. 6-111.
Interest claimed.
The plaintiff shall state whether he or she claims in
fee, or whether he or she claims for his or her own life, or the life of another, or
for a term of years, specifying such life or the duration of such term.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-112) (from Ch. 110, par. 6-112)
Sec. 6-112.
Limited to matters which are germane.
The complaint may
contain several counts, and several
parties may be named as plaintiffs, jointly in one count and separately
in others. Except as provided in this Article, no matters not germane to the
distinctive purpose of the action shall be introduced by joinder,
counterclaim or otherwise.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-113) (from Ch. 110, par. 6-113)
Sec. 6-113.
Summons as in other civil cases.
Summons shall be issued,
tested, served and returned as summons in other civil cases.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-114) (from Ch. 110, par. 6-114)
Sec. 6-114.
Notice to landlord.
Every tenant who is sued in ejectment by
any person other than his or her landlord, shall forthwith give notice thereof
to his or her landlord, or to his or her agent or attorney, under the penalty of
forfeiting 2 years' rent of the premises involved, or the value
thereof, to be recovered by such landlord by civil action.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-115) (from Ch. 110, par. 6-115)
Sec. 6-115.
Landlord as defendant.
The landlord, whose tenant is sued
in ejectment, may, upon
his or her own motion or that of the plaintiff, be made defendant in such
action, upon such terms as may be ordered by the court.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-116) (from Ch. 110, par. 6-116)
Sec. 6-116.
Pleading by defendant.
The defendant may file any appropriate
motion as in ordinary
civil cases, and may answer as hereinafter provided by way of general
denial, or specific denial or affirmative defense, and such motion or
answer shall constitute an appearance in the case.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-117) (from Ch. 110, par. 6-117)
Sec. 6-117.
General denial.
Under a general denial which alleges generally that the
defendant is not guilty of unlawfully withholding the premises claimed
by the plaintiff, the defendant may offer in evidence any matter that may
tend to defeat the plaintiff's action, except that it shall not put in
issue the possession of the premises by the defendant or that he or she claims
title or interest in the premises.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-118) (from Ch. 110, par. 6-118)
Sec. 6-118.
Plaintiff's proof.
It is not necessary for the plaintiff to prove that
the defendant was in possession of the premises, or claims title or
interest therein at the time of bringing the action, or that the plaintiff
demanded the possession of the premises, unless the defendant in
his or her answer verified by affidavit specifically denies that he or she was in such
possession, or claims title or interest therein, or that demand of
possession was made.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-119) (from Ch. 110, par. 6-119)
Sec. 6-119.
Plaintiff's proof - Continued.
It is not necessary for
the plaintiff to prove an
actual entry under title, nor the actual receipt of any of the profits
of the premises demanded; but it shall be sufficient for the plaintiff to prove a
right to the possession of such premises at the time of the commencement
of the action, as heir, legatee, purchaser or otherwise.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-120) (from Ch. 110, par. 6-120)
Sec. 6-120.
Evidence.
It is not necessary on the trial for the defendant to
admit, nor for the plaintiff to prove lease, entry and ouster, or either
of them, except in actions by one or more tenants in common, or joint
tenants against their co-tenants; but this section shall not be
construed to impair, nor in any way to affect, any of the rules of
evidence now in force in regard to the maintenance and defense of the
action.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-121) (from Ch. 110, par. 6-121)
Sec. 6-121.
Claim of title through common source.
If the plaintiff,
or his or her agent or attorney, states under
oath that he or she claims title through a common source with the defendant, it
is sufficient for the plaintiff to show title from such common
source, unless the defendant, or his or her agent or attorney, denies,
on oath, that he or she claims title through such source, or
swears that he or she claims title through some other source.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-122) (from Ch. 110, par. 6-122)
Sec. 6-122.
Action against co-tenants.
If the action is brought by
one or more tenants in common,
or joint tenants against their co-tenants, the plaintiff, in addition to
all other evidence which he or she may be bound to introduce, shall be required to
prove, on the trial of the cause, that the defendant actually ousted
the plaintiff, or did some other act amounting to a total denial of his
or her right as such co-tenant.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-123) (from Ch. 110, par. 6-123)
Sec. 6-123.
Proof of interest.
It is not an objection to a recovery in an action of
ejectment that any one of several plaintiffs do not prove any interest
in the premises claimed, but those entitled shall have judgment,
according to their rights, for the whole or such part or portion as he, she
or they might have recovered if he, she or they had sued in his, her or their name
or names only.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-124) (from Ch. 110, par. 6-124)
Sec. 6-124.
Action against several.
If the action is against several,
and the plaintiff is
entitled to recover, he or she shall recover against all who are in joint
possession or claim the title, whether they have pleaded
separately or jointly.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-125) (from Ch. 110, par. 6-125)
Sec. 6-125.
Proof of occupancy.
When the action is against several
defendants, if it is proved
on the trial that any of them occupy distinct parcels in severalty or
jointly, the plaintiff shall elect, at the trial, against which he or she will
proceed; and such election shall be made before the evidence in the action
is closed, and the action shall be dismissed as to the
defendants not so proceeded against.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-126) (from Ch. 110, par. 6-126)
Sec. 6-126.
Specificity of verdict.
In the following cases, if tried
by a jury, the verdict
shall be rendered as follows:
1. If it is proved on the trial that all the plaintiffs have a
right to recover the possession of the premises, the verdict
shall be for the plaintiffs generally.
2. If it is proved that one or more of the plaintiffs has a right
to the possession of the premises, and that one or more does not have
such right, the verdict shall specify for which plaintiff the jury finds, and
as to which plaintiff the jury finds for the defendant.
3. If the verdict is for any plaintiff, and there are several
defendants, the verdict shall be rendered against such of them as were
in possession of the premises or as claimed title thereto at the
commencement of the action.
4. If the verdict is for all the premises claimed, as specified
in the complaint, it shall, in that respect, be for such premises
generally.
5. If the verdict is for a part of the premises described in such
complaint, the verdict shall particularly specify such part, as the same
was proved, with the same certainty hereinbefore required in
the description of the premises claimed.
6. If the verdict is for an undivided share or interest in the
premises claimed, it shall specify such share or interest; and if for an
undivided share in a part of the premises claimed, it shall specify such
share, and shall describe such part of the premises as hereinbefore
required.
The verdict shall also specify the estate which has
been established on the trial, by the plaintiff in whose favor it is
rendered, whether such estate is in fee or for his or her own life or for
the life of another, stating such lives, or whether it is for a term of
years, and specifying the duration of such term.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-127) (from Ch. 110, par. 6-127)
Sec. 6-127.
Expiration of plaintiff's right or termination of plaintiff's
title before trial. If the right of a plaintiff in ejectment expires or
the plaintiff's title terminates
after the commencement of the action, but before trial, the verdict, if
tried by a jury, shall be returned according to the fact, and judgment
shall be entered that the plaintiff recover his or her damages by reason of the
withholding of the premises, by the defendant, to be assessed, and that
as to the premises claimed, the action shall be dismissed; and such
damages may be thereupon assessed by the court or jury trying the case.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-128) (from Ch. 110, par. 6-128)
Sec. 6-128.
Suggestion of death.
If there are several plaintiffs in an
action of ejectment,
and any of them die before final judgment, the death of such party may
be suggested of record, and the executor, administrator, heir or legatee
of the deceased
party shall be allowed to proceed with the action jointly with the survivor,
in the same manner as if he or she had originally joined with him or her in commencing
the action.
(Source: P.A. 83-707.)
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(735 ILCS 5/6-129) (from Ch. 110, par. 6-129)
Sec. 6-129.
Judgment.
In cases where no other provision is made, the judgment in
the action, if the plaintiff prevails, shall be that the plaintiff
recover the possession of the premises, according to the verdict of the
jury, if there was such a verdict, or the finding of the court, if the
case is tried without a jury, or
according to the description thereof in the complaint, with costs to be
taxed, if the judgment is by default.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-130) (from Ch. 110, par. 6-130)
Sec. 6-130.
Recovery of rents and profits.
The plaintiff recovering
judgment in ejectment in any of the
cases in which such action may be maintained, shall also be entitled to
recover damages against the defendant for the rents and profits of the
premises recovered.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-131) (from Ch. 110, par. 6-131)
Sec. 6-131.
Conclusiveness of judgment.
Every judgment in the action
of ejectment shall be
conclusive as to the title established in such action upon the party
against whom the same is rendered, and against all persons claiming
from, through or under such party, by title accruing after the
commencement of such action, subject to the exceptions hereinafter
named.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-132) (from Ch. 110, par. 6-132)
Sec. 6-132.
New trial as in other civil cases.
The court may grant
a new trial before or after final
judgment, as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-133) (from Ch. 110, par. 6-133)
Sec. 6-133.
Petition for damages.
Instead of a separate action for
the recovery of mesne
profits, the plaintiff seeking to recover such damages shall, within one
year after the entering of the judgment, file a petition in the
ejectment action.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-134) (from Ch. 110, par. 6-134)
Sec. 6-134.
Petition stands as complaint.
Such petition shall be substantially
in the same form as
is now in use in other civil cases for complaints and the same rules of
pleading shall be observed as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-135) (from Ch. 110, par. 6-135)
Sec. 6-135.
Service of copy of petition.
Upon the filing of such petition,
the defendant shall be
served with a copy thereof.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-136) (from Ch. 110, par. 6-136)
Sec. 6-136.
Pleadings.
The pleadings following the filing of the petition and
the proceedings thereon shall be the same as in ordinary civil actions,
but no matters shall be pleaded or presented which were or might have
been denied in such action of ejectment. The defendant may plead
a recovery by such defendant, or any other person, of the same premises,
or of part thereof, subsequent to the verdict of the jury if tried by a
jury, or to the finding of the court if tried without a jury, in such
action of ejectment, in bar or in mitigation of the damages claimed by
the plaintiff.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-137) (from Ch. 110, par. 6-137)
Sec. 6-137.
Issue of fact on petition.
If any issue of fact is presented
on such petition, it shall
be tried as in other civil cases; and if such issue is found for the
plaintiff, or if demand for trial by jury has been made in accordance with
law, a jury may assess damages in the amount of the mesne profits
received by the defendant since he or she entered into possession of the
premises, subject to the restrictions contained in Article VI of this Act.
(Source: P.A. 84-1043.)
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(735 ILCS 5/6-138) (from Ch. 110, par. 6-138)
Sec. 6-138.
Extent of recovery.
On the trial of such issue, the plaintiff
is required
to establish and the defendant may deny, the time when such
defendant entered into the possession of the premises, the time during
which he or she enjoyed the mesne profits thereof, and the value of such
profits; and the record of the recovery in the action of ejectment shall
not be evidence of such time. On such trial, the defendant shall have
the same right to set off any improvements made on the premises, to the
amount of the plaintiff's claim, as is now or shall hereafter be judicially allowed;
and in estimating the plaintiff's damages, the value of the use
by the defendant of any improvements made by him or her shall not be allowed to
the plaintiff.
(Source: P.A. 83-707.)
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(735 ILCS 5/6-139) (from Ch. 110, par. 6-139)
Sec. 6-139.
Death of plaintiff.
If the plaintiff in ejectment dies after
issue joined or judgment entered therein, the decedent's personal representatives
may offer a suggestion of such death, of the granting of letters of office
to them, and may claim their right
to the mesne profits of the premises recovered, in the same manner, and
with the like effect, as the decedent; and the same proceedings
shall in
all respects be had thereon.
(Source: P.A. 83-707.)
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(735 ILCS 5/6-140) (from Ch. 110, par. 6-140)
Sec. 6-140.
When mesne profits not recoverable.
Every person who is
hereafter evicted from any land for
which he or she can show a plain, clear and connected title deduced from the
record of some public office, without actual notice of an adverse title
in like manner derived from record, shall be exempt and free from all
and every species of action, process or prosecution for or on account of
any rents, profits, or damages, which have been done, accrued
or incurred at any time prior to receipt of actual notice of the adverse
claim by which the eviction may be effected, provided such person
obtained peaceable possession of the land.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-141) (from Ch. 110, par. 6-141)
Sec. 6-141.
Notice of adverse claim.
Notice of any adverse claim or title
to the land within
the meaning of this Article is to be given by bringing an action for
the same, by the one or the other of the parties, and may hereafter be
given by bringing an action, as above provided, or by delivering an attested
copy of the entry, survey or patent, from which he or she derives his or
her title or claim, or leaving any such copy with the party or the
spouse of such party. Notice given by the delivery of an attested copy,
as above set out, is void, unless an action is filed within one year
thereafter. In no case shall the proprietor of the better title be
obliged to pay to the occupying claimant, for improvements made after
notice, more than what is equal to the rents and profits above set forth.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-142) (from Ch. 110, par. 6-142)
Sec. 6-142.
Notice to occupying claimant.
Notice to any occupying claimant
shall bind all those
claiming from, by or through such occupying claimant, to the extent of
such claim.
(Source: P.A. 82-280.)
|
(735 ILCS 5/6-149) (from Ch. 110, par. 6-149)
Sec. 6-149.
Stay of waste - Security.
Nothing herein contained shall
be construed so as to
prevent any court from entering an order to stay waste, and ordering a
party to give bond and security in such manner as the court may deem
appropriate.
(Source: P.A. 82-280.)
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(735 ILCS 5/6-150) (from Ch. 110, par. 6-150)
Sec. 6-150.
Abolition of common law fictions.
The following common
law fictions are abolished:
(1) The use of fictitious names of plaintiffs or defendants and of the
names of any other than the real claimants and the real defendants, and
the statements of any lease or demise to the plaintiff, and of an ejectment by a
casual or nominal ejector.
(2) The consent rule.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VII heading)
ARTICLE VII
EMINENT DOMAIN
(Repealed)(Source: Repealed by P.A. 94-1055, eff. 1-1-07.)
|
(735 ILCS 5/Art. VIII heading) ARTICLE VIII
EVIDENCE
|
(735 ILCS 5/Art. VIII Pt. 1 heading) Part 1.
Interested Person as Witness
|
(735 ILCS 5/8-101) (from Ch. 110, par. 8-101)
Sec. 8-101.
Interested witness.
No person shall be
disqualified as a witness in any action or proceeding,
except as hereinafter stated, by reason of his or her interest in the
event thereof, as a party or otherwise, or by reason of his or her
conviction of any crime; but such interest or conviction may be shown
for the purpose of affecting the credibility of such witness; and the
fact of such conviction may be proven like any fact not of record,
either by the witness himself or herself (who shall be compelled to testify
thereto) or by any other witness cognizant of such conviction, as
impeaching testimony, or by any other competent evidence.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 2 heading) Part 2.
Dead-Man's Act.
|
(735 ILCS 5/8-201) (from Ch. 110, par. 8-201)
Sec. 8-201. Dead-Man's Act. In the trial of any action in which any party sues or defends
as the representative of a deceased person or person under a legal disability,
no adverse
party or person directly interested in the action shall be allowed to
testify on his or her own behalf to any conversation with the deceased or
person under legal disability or to any event which took place in the presence of
the deceased or person under legal disability, except in the following instances:
(a) If any person testifies on behalf of the representative to any
conversation with the deceased or person under legal disability or to any event
which took place in the presence of the deceased or person under legal disability,
any adverse party or interested person, if otherwise competent, may
testify concerning the same conversation or event.
(b) If the deposition of the deceased or person under legal disability is
admitted in evidence on behalf of the representative, any adverse party
or interested person, if otherwise competent, may testify concerning the
same matters admitted in evidence.
(c) Any testimony competent under Section 8-401 of this Act, is not
barred by this Section.
(d) No person shall be barred from testifying as to any fact
relating to the heirship of a decedent.
As used in this Section:
(a) "Person under legal disability" means any person who is adjudged by the
court in the pending civil action to be unable to testify by reason of
mental illness, an intellectual disability, or deterioration of mentality.
(b) "Representative" means an executor, administrator, heir or legatee
of a deceased person and any guardian or trustee of any such
heir or legatee, or a guardian or guardian ad
litem for a person under legal disability.
(c) "Person directly interested in the action" or "interested
person" does not include a person who is interested solely as executor,
trustee or in any other fiduciary capacity, whether or not he or she receives
or expects to receive compensation for acting in that capacity.
(d) This Section applies to proceedings filed on or
after October 1, 1973.
(Source: P.A. 97-227, eff. 1-1-12.)
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(735 ILCS 5/Art. VIII Pt. 3 heading) Part 3. Surviving Partner or Joint Contractor
(Source: P.A. 102-558, eff. 8-20-21.) |
(735 ILCS 5/8-301) (from Ch. 110, par. 8-301)
Sec. 8-301. Surviving partner or joint contractor. In any action or
proceeding by or against any surviving
partner or partners, or joint contractor or joint contractors, no adverse
party or person adversely interested in the event thereof, shall, by
virtue of Section 8-101 of this Act, be rendered a competent witness to
testify to any admission or conversation by any deceased partner or
joint contractor, unless some one or more of the surviving partners or
joint contractors were also present at the time of such admission or
conversation; and in every action or proceeding a party to the
same who has contracted with an agent of the adverse party - the agent
having since died - shall not be a competent witness as to any admission
or conversation between himself or herself and such agent, unless such admission or
conversation with the deceased agent was had or made in the
presence of a surviving agent or agents of such adverse party, and then
only except where the conditions are such that under the provisions of
Sections 8-201 and 8-401 of this Act he or she would have been permitted to
testify if
the deceased person had been a principal and not an agent.
(Source: P.A. 102-558, eff. 8-20-21.)
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(735 ILCS 5/Art. VIII Pt. 4 heading) Part 4.
Account Books and Records
|
(735 ILCS 5/8-401) (from Ch. 110, par. 8-401)
Sec. 8-401.
Account books and records.
Where in any action or proceeding,
the claim or defense is founded on a book account or any other record or
document, any party or interested person may testify to his or her account
book, or any other record or document and the items therein contained; that
the same is a book, record, or document of original entries, and that the
entries therein were made by himself or herself, and are true and just; or
that the same were made by a deceased person, or by a disinterested person, a
non-resident person of the state at the time of the trial, and where
made by such deceased or non-resident person in the usual course of
trade, and of his or her duty or employment to the party so testifying; and
thereupon the account book and entries or any other record or
document shall be admitted as evidence in the cause. Where such book of
original entries or any other record or document has been photographed,
microphotographed, microfilmed, optical imaged, or otherwise reproduced
either in the
usual course of business, or pursuant to any statute of this State
authorizing the reproduction of public records, papers or documents, and
the reproduction, in either case, complies with the minimum standards of
quality for permanent records approved by the State Records
Commission, then such reproduction shall be deemed to be an original
record, book or document for all purposes, including introduction in
evidence in all courts or administrative agencies.
(Source: P.A. 87-205; 88-609, eff. 9-1-94.)
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(735 ILCS 5/8-402) (from Ch. 110, par. 8-402)
Sec. 8-402.
Production of books and writings.
The circuit courts shall
have power, in any action pending before them, upon motion, and good and
sufficient cause shown, and reasonable notice thereof given, to require
the parties, or either of them, to produce books or writings in their
possession or power which contain evidence pertinent to the issue.
(Source: P.A. 92-651, eff. 7-11-02.)
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(735 ILCS 5/Art. VIII Pt. 5 heading) Part 5.
Effect of Release or Assignment
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(735 ILCS 5/8-501) (from Ch. 110, par. 8-501)
Sec. 8-501.
Release or assignment.
In any action or proceeding, any
person who would, if a party thereto, be incompetent to testify therein
under the provisions of Section 8-201 or Section 8-401 of this Act, shall
not become competent by reason of any assignment or release of his or her
claim, made for the purpose of allowing such person to testify.
(Source: P.A. 87-760.)
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(735 ILCS 5/Art. VIII Pt. 6 heading) Part 6.
Certain Laws Unaffected
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(735 ILCS 5/8-601) (from Ch. 110, par. 8-601)
Sec. 8-601.
Laws not affected.
Nothing in this Article shall in any
manner affect the
laws now existing relating to the settlement of the estates of deceased
persons, minors, persons under legal disability who have guardians,
or to the acknowledgment or
proof of deeds and other conveyances relating to real estate, in order
to entitle the same to be recorded, or to the attestation of the
execution of last wills or of any other instrument
required by law to be attested.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 7 heading) Part 7.
Broadcast or Televised Testimony
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(735 ILCS 5/8-701) (from Ch. 110, par. 8-701)
Sec. 8-701. Broadcast or televised testimony. No witness shall be compelled
to testify in any proceeding
conducted by a commission, administrative agency or other
tribunal in this State if any portion of his or her testimony is to be
broadcast or televised or if motion pictures are to be taken of him or her
while he or she is testifying. This Section shall not apply to judicial proceedings.
(Source: P.A. 97-1099, eff. 8-24-12.)
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(735 ILCS 5/Art. VIII Pt. 8 heading) Part 8.
Privileged Communications
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(735 ILCS 5/8-801) (from Ch. 110, par. 8-801)
Sec. 8-801.
Husband and wife.
In all actions, husband and wife may testify
for or against each other, provided that neither may testify as to any
communication or admission made by either of them to the other or as to
any conversation between them during marriage, except in actions between
such husband and wife, and in actions where the custody,
support, health or welfare of
their children or children in either spouse's care, custody or control
is directly in issue, and as to matters in which either
has acted as agent for the other.
(Source: P.A. 83-408.)
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(735 ILCS 5/8-802) (from Ch. 110, par. 8-802)
Sec. 8-802. Physician and patient. No physician or surgeon shall be
permitted to disclose any information he or she may have acquired in
attending any patient in a professional character, necessary to enable him
or her professionally to serve the patient, except only (1) in trials for
homicide when the disclosure relates directly to the fact or immediate
circumstances of the homicide, (2) in actions, civil or criminal, against
the physician for malpractice, (3) with the expressed consent of the
patient, or in case of his or her death or disability, of his or her
personal representative or other person authorized to sue for personal
injury or of the beneficiary of an insurance policy on his or her life,
health, or physical condition, or as authorized by Section 8-2001.5, (4) in all actions brought by or against the
patient, his or her personal representative, a beneficiary under a policy
of insurance, or the executor or administrator of his or her estate wherein
the patient's physical or mental condition is an issue, (5) upon an issue
as to the validity of a document as a will of the patient, (6) (blank), (7) in actions, civil or criminal, arising
from the filing of a report in compliance with the Abused and Neglected
Child Reporting Act, (8) to any department, agency, institution
or facility which has custody of the patient pursuant to State statute
or any court order of commitment, (9) in prosecutions where written
results of blood alcohol tests are admissible pursuant to Section 11-501.4
of the Illinois Vehicle Code, (10) in prosecutions where written
results of blood alcohol tests are admissible under Section 5-11a of the
Boat Registration and Safety Act,
(11) in criminal actions arising from the filing of a report of suspected
terrorist offense in compliance with Section 29D-10(p)(7) of the Criminal Code
of 2012, (12) upon the issuance of a subpoena pursuant to Section 38 of the Medical Practice Act of 1987; the issuance of a subpoena pursuant to Section 25.1 of the Illinois Dental Practice Act; the issuance of a subpoena pursuant to Section 22 of the Nursing Home Administrators Licensing and Disciplinary Act; or the issuance of a subpoena pursuant to Section 25.5 of the Workers' Compensation Act, (13) upon the issuance of a grand jury subpoena pursuant to Article 112 of the Code of Criminal Procedure of 1963, or (14) to or through a health information exchange, as that term is defined in Section 2 of the Mental Health and Developmental Disabilities Confidentiality Act, in accordance with State or federal law. Upon disclosure under item (13) of this Section, in any criminal action where the charge is domestic battery, aggravated domestic battery, or an offense under Article 11 of the Criminal Code of 2012 or where the patient is under the age of 18 years or upon the request of the patient, the State's Attorney shall petition the court for a protective order pursuant to Supreme Court Rule 415.
In the event of a conflict between the application of this Section
and the Mental Health and Developmental Disabilities Confidentiality
Act to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act shall control.
(Source: P.A. 101-13, eff. 6-12-19.)
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(735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1)
Sec. 8-802.1. Confidentiality of statements made to rape crisis personnel.
(a) Purpose. This Section is intended to protect victims of rape from
public
disclosure of statements they make in confidence to counselors of organizations
established to help them. On or after July 1, 1984, "rape" means an act of
forced sexual penetration or sexual conduct, as defined in Section 11-0.1 of
the Criminal Code of 2012, including acts prohibited under
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012.
Because of the fear and stigma that often results from those crimes, many
victims hesitate to seek help even where it is available at no cost to them.
As a result they not only fail to receive needed medical care and emergency
counseling, but may lack the psychological support necessary to report the
crime and aid police in preventing future crimes.
(b) Definitions. As used in this Act:
(1) "Rape crisis organization" means any organization | ||
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(2) "Rape crisis counselor" means a person who is a | ||
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(3) "Victim" means a person who is the subject of, or | ||
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(4) "Confidential communication" means any | ||
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(c) Waiver of privilege.
(1) The confidential nature of the communication is | ||
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(2) The confidential nature of counseling records is | ||
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(3) When a victim is deceased, the executor or | ||
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(4) A minor victim 12 years of age or older may | ||
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(5) An adult victim who has a guardian of his or her | ||
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(d) Confidentiality. Except as provided in this Act, no rape crisis
counselor shall disclose any confidential communication or be examined as a
witness in any civil or criminal proceeding as to any confidential
communication without the written consent of the victim or a representative of
the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential communication
without the consent of the victim if failure to disclose is likely to
result in a clear, imminent risk of serious physical injury or death of the
victim or another person. Any rape crisis counselor or rape crisis
organization participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any liability,
civil, criminal, or otherwise that might result from the action.
In any proceeding, civil or criminal, arising out of a disclosure under
this Section, the good faith of any rape crisis counselor
or rape crisis organization who disclosed the confidential communication
shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any confidential
communication in violation of this Act commits a Class C misdemeanor.
(Source: P.A. 102-469, eff. 1-1-22.)
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(735 ILCS 5/8-802.2) (from Ch. 110, par. 8-802.2)
Sec. 8-802.2.
Confidentiality of statements made to personnel
counseling victims of violent crimes.
(a) Purpose. This Section is intended to protect victims of violent
crimes from public disclosure of statements they make in confidence to
counselors of organizations established to help them. Because of the fear
and trauma that often results from violent crimes, many victims hesitate
to seek help even where it is available and may therefore lack the
psychological support necessary to report the crime and aid police in
preventing future crimes.
(b) Definitions. As used in this Act, "violent crimes" include, but
are not limited to, any felony in which force or threat of force was used
against the victim or any misdemeanor which results in death or great
bodily harm to the victim.
(c) Confidentiality. Where any victim of a violent crime makes a
statement relating to the crime or its circumstances during the course of
therapy or consultation to any counselor, employee or volunteer of a victim aid
organization, the statement or contents thereof shall not be disclosed by
the organization or any of its personnel unless the maker of the statement
consents in writing or unless otherwise directed pursuant to this Section.
If in any judicial proceeding, a party alleges that such statements are
necessary to the determination of any issue before the court and written
consent to disclosure has not been given, the party may ask the court to
consider the relevance and admissibility of the statements. In such a
case, the court shall hold a hearing in camera on the relevance of the
statements. If the court finds them relevant and admissible to the issue,
the court shall order the statements to be disclosed.
(Source: P.A. 86-538.)
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(735 ILCS 5/8-802.3)
Sec. 8-802.3. Informant's privilege. (a) Except as provided in subsection (b), if an individual (i) submits information concerning a criminal act to a law enforcement agency or to a community organization that acts as an intermediary in reporting to law enforcement and (ii) requests anonymity, then the identity of that individual is privileged and confidential and is not subject to discovery or admissible in evidence in a proceeding. (b) There is no privilege under subsection (a) if a court, after a hearing in camera, finds that the party seeking discovery or the proponent of the evidence has shown that: (1) the identity of an individual who submits | ||
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(2) the evidence is not otherwise available; and (3) nondisclosure infringes upon a constitutional | ||
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(b-5) Except as provided in this subsection or under subsection (j) of Supreme Court Rule 412, if a defendant's counsel seeks to discover the identity of an informant, then the defendant's counsel shall file a motion with the court alleging a good faith factual basis for believing that the prior representation of the informant creates a serious potential for an actual conflict of interest. Upon such filing, the court: (1) may deny the motion for lack of factual basis; or (2) if it finds a sufficiently alleged factual basis, shall conduct an in camera hearing with the informant, outside the presence of all counsel, to ascertain whether an actual conflict of interest exists. A transcript of the in camera proceeding shall be made and sealed. After the in camera hearing, the court shall: (i) deny the motion if there is no basis to conclude that a serious potential for an actual conflict exists; or (ii) inform the petitioning counsel that his or her continued representation is a conflict. If the court concludes that a conflict exists, it shall notify the counsel of the nature of the conflict, subject to any condition of nondisclosure that the court deems appropriate. (c) The court may impose such sanctions as are necessary to enforce its order.
(Source: P.A. 101-436, eff. 8-20-19.) |
(735 ILCS 5/8-803) (from Ch. 110, par. 8-803)
Sec. 8-803.
Clergy.
A clergyman or practitioner of any religious denomination
accredited by the religious body to which
he or she belongs, shall not be compelled to disclose in any court, or to
any administrative board or agency, or to any public officer, a confession
or admission made to him or her in his or her professional character or
as a spiritual advisor in the course of the discipline enjoined by the rules
or practices of such religious body or of the religion which he or she professes,
nor be compelled to divulge any information which has been obtained by him
or her in such professional character or as such spiritual advisor.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-803.5) Sec. 8-803.5. Union agent and union member. (a) Except when required in subsection (b) of this Section, a union agent, during the agency or representative relationship or after termination of the agency or representative relationship with the bargaining unit member, shall not be compelled to disclose, in any court or to any administrative board or agency arbitration or proceeding, whether civil or criminal, any information he or she may have acquired in attending to his or her professional duties or while acting in his or her representative capacity. (b) A union agent may use or reveal information obtained during the course of fulfilling his or her professional representative duties:
(1) to the extent it appears necessary to prevent the | ||
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(2) in actions, civil or criminal, against the union | ||
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(3) when required by court order; or
(4) when, after full disclosure has been provided, | ||
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(c) In the event of a conflict between the application of this Section and any federal or State labor law to a specific situation, the provisions of the federal or State labor law shall control.
(Source: P.A. 94-22, eff. 1-1-06.) |
(735 ILCS 5/8-804) Sec. 8-804. Confidential advisor. (a) This Section is intended to protect students at higher education institutions in this State who are survivors of sexual violence from public disclosure of communications they make in confidence to confidential advisors. Because of the fear, stigma, and trauma that often result from incidents of sexual violence, many survivors hesitate to report or seek help, even when it is available at no cost to them. As a result, they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the incident of sexual violence to the higher education institution or law enforcement. (b) In this Section: "Confidential advisor" means a person who is employed or contracted by a higher education institution to provide emergency and ongoing support to survivors of sexual violence with the training, duties, and responsibilities described in Section 20 of the Preventing Sexual Violence in Higher Education Act. "Higher education institution" means a public university, a public community college, or an independent, not-for-profit or for-profit higher education institution located in this State. "Sexual violence" means physical sexual acts attempted or perpetrated against a person's will or when a person is incapable of giving consent, including without limitation rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. "Survivor" means a student who has experienced sexual violence while enrolled at a higher education institution. (c) All communications between a confidential advisor and a survivor pertaining to an incident of sexual violence shall remain confidential, unless the survivor consents to the disclosure of the communication in writing, the disclosure falls within one of the exceptions outlined in subsection (d) of this Section, or failure to disclose the communication would violate State or federal law. Communications include all records kept by the confidential advisor in the course of providing the survivor with services related to the incident of sexual violence. (d) The confidential advisor may disclose confidential communications between the confidential advisor and the survivor if failure to disclose would result in a clear, imminent risk of serious physical injury to or death of the survivor or another person. The confidential advisor shall have no obligation to report crimes to the higher education institution or law enforcement, except to report to the Title IX coordinator, as defined by Title IX of the federal Education Amendments of 1972, on a monthly basis the number and type of incidents of sexual violence reported exclusively to the confidential advisor in accordance with the higher education institution's reporting requirements under subsection (b) of Section 9.21 of the Board of Higher Education Act and under federal law. If, in any judicial proceeding, a party alleges that the communications are necessary to the determination of any issue before the court and written consent to disclosure has not been given, the party may ask the court to consider ordering the disclosure of the communications. In such a case, communications may be disclosed if the court finds, after in camera examination of the communication, that the communication is relevant, probative, and not unduly prejudicial or inflammatory or is otherwise clearly admissible; that other evidence is demonstrably unsatisfactory as evidence of the facts sought to be established by the communication or communications; and that disclosure is more important to the interests of substantial justice than protection from injury to the confidential advisor-survivor relationship, to the survivor, or to any other individual whom disclosure is likely to harm. (e) This privilege shall not preclude an individual from asserting a greater privilege under federal or State law that applies.
(Source: P.A. 99-426, eff. 8-21-15.) |
(735 ILCS 5/804.5) (This Section will be renumbered as Section 8-804.5 in a revisory bill.) Sec. 804.5. Parties to a restorative justice practice. (a) This Section is intended to encourage the use of restorative justice practices by providing a privilege for participation in such practices and ensuring that anything said or done during the practice, or in anticipation of or as a follow-up to the practice, is privileged and may not be used in any future proceeding unless the privilege is waived by the informed consent of the party or parties covered by the privilege. The General Assembly affords this privilege in recognition of restorative justice as a powerful tool in addressing the needs of victims, offenders, and the larger community in the process of repairing the fabric of community peace. The General Assembly encourages residents of this State to employ restorative justice practices, not only in justiciable matters, but in all aspects of life and law. (b) As used in this Section: "Circle" means a versatile restorative practice that can be used proactively, to develop relationships and build community, or reactively, to respond to wrongdoing, conflicts, and problems. "Conference" means a structured meeting between offenders, victims, and both parties' family and friends, in which they deal with the consequences of a crime or wrongdoing and decide how best to repair the harm. "Facilitator" means a person who is trained to facilitate a restorative justice practice. "Party" means a person, including a facilitator, an individual who has caused harm, an individual who has been harmed, a community member, and any other participant, who voluntarily consents to participate with others who have agreed to participate in a restorative justice practice. "Proceeding" means any legal action subject to this Code, including, but not limited to, civil, criminal, juvenile, or administrative hearings. "Restorative justice practice" or "practice" means a gathering, such as a conference or circle, in which parties who have caused harm or who have been harmed and community stakeholders collectively gather to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. (c) Anything said or done during or in preparation for a restorative justice practice or as a follow-up to that practice, or the fact that the practice has been planned or convened, is privileged and cannot be referred to, used, or admitted in any civil, criminal, juvenile, or administrative proceeding unless the privilege is waived, during the proceeding or in writing, by the party or parties protected by the privilege. Privileged information is not subject to discovery or disclosure in any judicial or extrajudicial proceedings. Any waiver of privilege is limited to the participation and communication of the waiving party only, and the participation or communications of any other participant remain privileged unless waived by the other participant. (d) Evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because it was discussed or used in a restorative justice practice. (e) The legitimacy of a restorative justice practice, if challenged in any civil, juvenile, criminal, or administrative proceeding, shall be determined by a judge. In a hearing conducted pursuant to this subsection, the judge may consider information that would otherwise be privileged to the extent that the information is probative of the issue. (f) The privilege afforded by this Section does not apply if: (1) disclosure is necessary to prevent death, great | ||
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(2) necessary to comply with another law; or (3) a court, tribunal, or administrative body | ||
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(g) This Section applies to all restorative justice practices that are convened on or after the effective date of this amendatory Act of the 102nd General Assembly. (Source: P.A. 102-100, eff. 7-15-21.) |
(735 ILCS 5/Art. VIII Pt. 9 heading) Part 9.
Reporter's Privilege
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(735 ILCS 5/8-901) (from Ch. 110, par. 8-901)
Sec. 8-901.
Source of information.
No court may compel any person to
disclose the source of any information obtained by a reporter except as
provided in Part 9 of Article VIII of this Act.
(Source: P.A. 84-398.)
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(735 ILCS 5/8-902) (from Ch. 110, par. 8-902)
Sec. 8-902.
Definitions.
As used in this Act:
(a) "Reporter" means any person regularly engaged in the business of
collecting, writing or editing news for publication through a news
medium on a full-time or part-time basis; and includes any person who
was a reporter at the time the information sought was procured or obtained.
(b) "News medium" means any newspaper or other periodical issued at
regular intervals whether in print or electronic format and having a
general circulation; a news service whether in print or electronic format;
a radio station; a television station; a television network; a community
antenna television
service; and any person or corporation engaged in the making of news
reels or other motion picture news for public showing.
(c) "Source" means the person or means from or through which the news
or information was obtained.
(Source: P.A. 92-335, eff. 8-10-01.)
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(735 ILCS 5/8-903) (from Ch. 110, par. 8-903)
Sec. 8-903.
Application to court.
(a)
In any case, except a libel or slander case, where a person claims the
privilege conferred by Part 9 of Article VIII of this
Act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county
where the hearing, action or proceeding in which the information is
sought for an order divesting the person named therein of such privilege
and ordering him or her to disclose his or her source of the information.
(b) In libel or slander cases where a person claims the privilege
conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in
writing to the court for an order divesting the person named therein of
such privilege and ordering him or her to disclose his or her source of
information.
(Source: P.A. 84-398.)
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(735 ILCS 5/8-904) (from Ch. 110, par. 8-904)
Sec. 8-904.
Contents of application.
The application provided in Section 8-903 of this Act shall allege: the
name of the reporter and of the news medium with which he or she was connected
at the time the information sought was obtained; the specific information
sought and its relevancy to the proceedings; and, either, a specific
public interest which would be adversely affected if the factual
information sought were not disclosed, or, in libel or slander cases, the
necessity of disclosure of the information sought to the proof of
plaintiff's case. Additionally, in libel or slander cases, the plaintiff must
include in the application provided in Section 8-903 a prima facie showing
of falsity of the alleged defamation and actual harm or injury due to the
alleged defamation.
(Source: P.A. 84-398.)
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(735 ILCS 5/8-905) (from Ch. 110, par. 8-905)
Sec. 8-905.
Civil Proceeding.
All proceedings in connection with obtaining
an adjudication upon the
application not otherwise provided in Part 9 of Article VIII of this Act
shall be as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-906) (from Ch. 110, par. 8-906)
Sec. 8-906.
Consideration by court.
In granting or denying divestiture of the privilege provided in Part 9 of
Article VIII of this
Act the court shall have due regard to the nature of the proceedings,
the merits of the claim or defense, the adequacy of the remedy otherwise
available, if any, the relevancy of the source, and the possibility of
establishing by other means that which it is alleged the source
requested will tend to prove.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-907) (from Ch. 110, par. 8-907)
Sec. 8-907.
Court's findings.
An order granting divestiture of the
privilege provided in Part 9 of Article VIII of this Act shall be granted
only if the court, after hearing the parties, finds:
(1) that the information sought does not concern matters, or details
in any proceeding, required to be kept secret under the laws of this
State or of the Federal government; and
(2) that all other available sources of information have been
exhausted and, either, disclosure of the information sought is essential to the
protection of the public interest involved or, in libel or slander cases,
the plaintiff's need for disclosure of the information sought outweighs the
public interest in protecting the confidentiality of sources of information
used by a reporter as part of the news gathering process under the
particular facts and circumstances of each particular case.
If the court enters an order divesting the person of the privilege
granted in Part 9 of Article VIII of
this Act it shall also order the person to disclose the
information it has determined should be disclosed, subject to any
protective conditions as the court may deem necessary or appropriate.
(Source: P.A. 84-398.)
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(735 ILCS 5/8-908) (from Ch. 110, par. 8-908)
Sec. 8-908.
Privilege continues during pendency of appeal.
In case of an
appeal the privilege conferred by Part 9 of Article VIII of this Act
remains in full force and
effect during the pendency of such appeal.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-909) (from Ch. 110, par. 8-909)
Sec. 8-909.
Contempt.
A person refusing to testify or otherwise comply
with the order to
disclose the source of the information as specified in such order, after
such order becomes final, may be adjudged in contempt of court and
punished accordingly.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 9.1 heading) Part 9.1.
Voter's Privilege
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(735 ILCS 5/8-910) (from Ch. 110, par. 8-910)
Sec. 8-910.
No person shall be compelled to disclose, in any
proceeding conducted by a court, commission, administrative agency or other
tribunal in the State, the name of any candidate for whose nomination,
election or retention in office the person voted, or whether the person
voted for or against any question of public policy, as defined in Section
1-3 of The Election Code, at any election held within this State.
(Source: P.A. 84-344.)
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(735 ILCS 5/Art. VIII Pt. 9.2 heading) Part 9.2.
Interpreter's Privilege
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(735 ILCS 5/8-911) (from Ch. 110, par. 8-911)
Sec. 8-911. Language interpreter's
privilege.
(a) A "language interpreter" is a person who aids a communication when at least
one party to the communication has a
language difficulty.
(b) If a communication is otherwise privileged, that underlying
privilege is not waived because of the presence of the language interpreter.
(c) The language interpreter shall not disclose the communication without the
express consent of the person who has the right to claim the underlying
privilege.
(Source: P.A. 95-617, eff. 9-12-07.)
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(735 ILCS 5/8-912)
Sec. 8-912. Interpreter for the deaf and hard of hearing's privilege.
(a) An "interpreter for the deaf and hard of hearing" is a person who aids communication when at least one party to the communication has a hearing loss.
(b) An interpreter for the deaf and hard of hearing who interprets a conversation between a hearing person and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena the contents of the conversation that he or she facilitated without the written consent of all persons involved who received his or her professional services. (c) All communications that are recognized by law as privileged shall remain privileged even in cases where an interpreter for the deaf and hard of hearing is utilized to facilitate such communications. (d) Communications may be voluntarily disclosed under the following circumstances: (1) the formal reporting, conferring, or consulting | ||
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(2) a person waives the privilege by bringing any | ||
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(3) a communication reveals the intended commission | ||
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(e) (Blank).
(Source: P.A. 95-617, eff. 9-12-07; 96-552, eff. 1-1-10.) |
(735 ILCS 5/Art. VIII Pt. 10 heading) Part 10.
Judicial Notice
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(735 ILCS 5/8-1001) (from Ch. 110, par. 8-1001)
Sec. 8-1001.
Courts of original jurisdiction.
Every court of original
jurisdiction, in addition to the matters of which courts of original
jurisdiction have heretofore been required to take judicial notice,
shall take judicial notice of the following:
All general ordinances of every municipal corporation within
the State.
All ordinances of every county within the State.
All laws of a public nature enacted by any state or territory
of the United States.
All rules of practice in force in the court from which a
case has been transferred by change of place of trial or otherwise.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1002) (from Ch. 110, par. 8-1002)
Sec. 8-1002.
Courts of appellate jurisdiction.
Upon the review by any
court of appellate jurisdiction of a judgment or order of a circuit
court the court of appellate jurisdiction shall take judicial notice of
all matters of which the circuit court was required to take judicial
notice, including all rules of practice adopted by the circuit court.
In case of the review by the Supreme Court of a judgment or order of the
appellate court, the Supreme Court shall take judicial notice of all
matters of which the circuit court was required to take judicial notice
as well as of the rules of practice adopted by the circuit court, the
judgment or order of which has been reviewed by the appellate court.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1003) (from Ch. 110, par. 8-1003)
Sec. 8-1003.
Common law and statutes.
Every court of this state shall
take judicial notice of the common
law and statutes of every state, territory and other jurisdiction of the
United States.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1004) (from Ch. 110, par. 8-1004)
Sec. 8-1004.
Information of the court.
The court may inform itself of such laws in such manner as it may
deem proper, and the court may call upon counsel to aid it in obtaining
such information.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1005) (from Ch. 110, par. 8-1005)
Sec. 8-1005.
Ruling reviewable.
The determination of such laws shall be made by the court and not by
the jury, and shall be reviewable.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1006) (from Ch. 110, par. 8-1006)
Sec. 8-1006.
Evidence as to laws of other jurisdictions.
Any party may also present to the trial court any admissible evidence
of such laws, but, to enable a party to offer evidence of the law in
another jurisdiction or to ask that judicial notice be taken thereof,
reasonable notice shall be given to the adverse parties either in the
pleadings or otherwise.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1007) (from Ch. 110, par. 8-1007)
Sec. 8-1007.
Foreign country.
The law of a jurisdiction other than those referred to in Section 8-1003 of this Act
shall be an issue for the court, but shall not be subject to the
foregoing provisions concerning judicial notice.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1008) (from Ch. 110, par. 8-1008)
Sec. 8-1008.
Interpretation.
Sections 8-1003 through 8-1007 of this Act
shall be so interpreted and construed
as to effectuate its
general purpose to make uniform the law of those states which enact it.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1009) (from Ch. 110, par. 8-1009)
Sec. 8-1009.
Short title of uniform Act.
Sections 8-1003 through 8-1008
of this Act may be cited as the Uniform Judicial
Notice of Foreign Law
Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 11 heading) Part 11.
Statutes and Reports
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(735 ILCS 5/8-1101) (from Ch. 110, par. 8-1101)
Sec. 8-1101.
Publications covered by uniform Act.
Printed books or pamphlets purporting on their face to be the session
or other statutes of any of the United States, or the territories
thereof, or of any foreign jurisdiction, and to have been printed and
published by the authority of any such state, territory or foreign
jurisdiction or proved to be commonly recognized in its courts, shall be
received in the courts of this State as prima facie evidence of such
statutes.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1102) (from Ch. 110, par. 8-1102)
Sec. 8-1102.
Uniformity of interpretation.
Section 8-1101 of this Act shall be so interpreted and construed as to
effectuate its
general purposes to make uniform the law of those states which enact it.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1103) (from Ch. 110, par. 8-1103)
Sec. 8-1103.
Short title of uniform Act.
Sections 8-1101 and 8-1102 of
this Act may be cited as the Uniform Proof
of Statutes Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1104) (from Ch. 110, par. 8-1104)
Sec. 8-1104.
Printed statutes.
(a) The printed statute books of the United
States, and of this
State, and of the several states, of the territories and late
territories of the United States, purporting to be printed under the
authority of the United States, any state or territory, shall be
evidence in all courts and places in this State, of the Acts therein
contained.
(b) The acts and laws of the territory of Illinois and all of the laws
and joint resolutions passed prior to January 1, 1917, at all regular and
special sessions of the General Assemblies, printed and published by the
State of Illinois, shall be admissible in evidence in all courts and proceedings
in this State, and shall be considered as duly authenticated copies of the originals.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1105) (from Ch. 110, par. 8-1105)
Sec. 8-1105.
Foreign statutes.
The laws of the other states and territories, when certified by the
Secretary of State of that state or territory, shall be admissible as
evidence in any court of this State.
(Source: P.A. 83-520.)
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(735 ILCS 5/8-1106) (from Ch. 110, par. 8-1106)
Sec. 8-1106.
Reports of courts.
The books of reports of decisions of
the supreme court, and
other courts of the United States, of this state, and of the several
states and the territories thereof, purporting to be published by
authority, may be read as evidence of the decisions of such courts.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 12 heading) Part 12.
Records and Patents
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(735 ILCS 5/8-1201) (from Ch. 110, par. 8-1201)
Sec. 8-1201.
Printed copies.
Printed copies of schedules, classifications
and tariffs of
rates, fares and charges, and supplements to any such schedules,
classifications and tariffs filed with the Interstate Commerce
Commission, which show respectively an Interstate Commerce Commission
number, which may be stated in abbreviated form, as I.C.C. No. --, and
an effective date, shall be presumed to be correct copies of the
original schedules, classifications, tariffs and supplements on file
with the Interstate Commerce Commission, and shall be received as good
and sufficient evidence, without certification, in any court of this
State to prove such schedules, classifications, tariffs and supplements.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1202) (from Ch. 110, par. 8-1202)
Sec. 8-1202.
Court records.
The papers, entries and records of courts may
be proved by a
copy thereof certified under the signature of the clerk having the custody
thereof, and the seal of the court, or by the judge of the court if
there is no clerk.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-1203) (from Ch. 110, par. 8-1203)
Sec. 8-1203.
Municipal records.
The papers, entries, records and ordinances, or parts
thereof, of any city, village, town or county, may be proved by a copy
thereof, certified under the signature of the clerk or the keeper thereof,
and the corporate seal, if there is any; if not, under his or
her signature and
private seal.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-1204) (from Ch. 110, par. 8-1204)
Sec. 8-1204.
Corporate records.
The papers, entries and records of any
corporation or
incorporated association may be proved by a copy thereof, certified
under the signature of the secretary, clerk, cashier or other keeper of the
same. If the corporation or incorporated association has a seal, the
same shall be affixed to such certificate.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1205) (from Ch. 110, par. 8-1205)
Sec. 8-1205.
Form of certificate.
The certificate of any such clerk
of a court, city, village,
town, county, or secretary, clerk, cashier, or other keeper of any such
papers, entries, records or ordinances, shall contain a statement that
such person is the keeper of the same, and if there is no seal, shall so
state.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1206) (from Ch. 110, par. 8-1206)
Sec. 8-1206.
Sworn copies.
Any such papers, entries, records and ordinances may be
proved by copies examined and sworn to by credible witnesses.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1207) (from Ch. 110, par. 8-1207)
Sec. 8-1207.
Penalty.
If any officer, clerk, secretary, cashier, or other person
authorized to certify copies of any papers, entries, records or
ordinances, knowingly makes a false certificate, he or she is
punishable in the same manner as if he or she were guilty of perjury.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1208) (from Ch. 110, par. 8-1208)
Sec. 8-1208. Official certificate - Land office. The official certificate
of any register or receiver of any
land office of the United States, to any fact or matter on record in his or her
office, shall be received in evidence in any court in this State, and
shall be competent to prove the fact so certified. The certificate of
any such register, of the entry or purchase of any tract of land within
his or her district, shall be deemed and taken to be evidence of title in the
party who made such entry or purchase, or his or her legatees, heirs or assigns, and
shall enable such party, his or her legatees, heirs or assigns, to recover
or protect the
possession of the land described in such certificate, in any eviction action or action of
ejectment, unless a better legal and
paramount title be exhibited for the same. The signature of such
register or receiver may be proved by a certificate of the Secretary of
State, under his or her seal, that such signature is genuine.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/8-1209) (from Ch. 110, par. 8-1209)
Sec. 8-1209.
Patents for land.
A patent for land shall be deemed and considered
a better
legal and paramount title in the patentee, his or her legatees, heirs
or assigns, than
the official certificate of any register of a land office of the United
States, of the entry or purchase of the same land.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-1210) (from Ch. 110, par. 8-1210)
Sec. 8-1210.
State patents.
In all cases where any lands or lots have been or may be
sold by this State or any of the officers thereof, under the authority
of any law of this State, whereof the patent is issued by the
Governor, under the seal of this State, and in case the patent has been
or shall purport to be recorded in the recorder's office of the county
where the lands or lots are situated, and the patent is lost, or
out of the power of the party desiring to use it to produce in
evidence, a copy of the record of such patent, certified by the recorder
of the county, may be read in evidence in place of the original
patent, which copy certified as above stated, shall be prima facie evidence
of the issuing of such patent, and of the contents thereof. The
provisions of this section shall apply to deeds executed by the trustees
of the Illinois and Michigan canal, and to patents for land issued or
granted by the United States.
(Source: P.A. 83-707.)
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(735 ILCS 5/8-1211) (from Ch. 110, par. 8-1211)
Sec. 8-1211.
State land sales.
Copies of the books and entries of the
sale of all lands or lots heretofore or that hereafter may be sold by this
State or any of the officers thereof under any law of this State, certified
to be true and correct copies of such books and entries by the proper
person or officer in whose custody said books and entries may properly be,
shall be prima facie evidence of the facts stated in such books and
entries. The certificate of such officer of the purchase of or issuing of a
patent for any tract of land sold by this State or any agent of the same,
shall be deemed as evidence of title in the party certified to have made
such purchase or obtained such patent, his or her legatees, heirs or
assigns, unless a better and paramount title is exhibited for the same. The
patent for land shall be deemed a better and paramount title in the
patentee, his or her legatees, heirs and assigns, than such certificate,
and when any swamp and overflowed lands and lots heretofore have been or
hereafter may be sold under any law of this State by any proper person
or officer of the county in which such lands are located, copies of the books
and entries of the sales of such swamp and overflowed lands and lots
certified to be true and correct copies of such books and entries by the
proper person or officer in whose custody such books and entries may
properly be, shall be prima facie evidence of the facts stated in such
books and entries. The certificate of such officer of the sale or entry
of any tract or tracts of such swamp and overflowed land or lots and of
the execution of a deed for the same, giving the date of such sale or
entry, the date of the execution of the deed, the name of the purchaser
and description of the land, under the seal of his or her office, may, if the
original deed is lost, or it is out of the power of the party wishing to
use the same to produce it in evidence, and the original deed has never
been recorded, be read in evidence in place of said original deed, and
shall be prima facie evidence of the execution and delivery of a proper
deed for such land and shall be deemed as evidence of title in
the person certified to have made such entry or purchase, his or her legatees,
heirs and assigns, until a better and paramount title is exhibited for the
same. Whenever it appears that the original deed made upon any entry
or sale of such swamp and overflowed lands is lost, or not in the power
of the party wishing to use the same to produce in evidence, and the
same has never been recorded as above stated and that the books and
original entries of sale of such swamp and overflowed lands or lots have
also been lost or destroyed, and the clerk of the circuit court or
other proper officer has made return of such sales and entries to
the State Comptroller according to law, a certified copy of such return
by the Comptroller, under his or her seal of office, may be used in evidence
with the like force and effect as hereinbefore provided.
(Source: P.A. 86-657.)
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(735 ILCS 5/Art. VIII Pt. 13 heading) Part 13.
Surveys
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(735 ILCS 5/8-1301) (from Ch. 110, par. 8-1301)
Sec. 8-1301.
Surveys.
All testimony that has been or may hereafter be taken by
commissions of surveyors for the establishing of original corners of
land, shall be filed with their report in court, and may hereafter be read as
evidence in all actions in reference to such corners.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 14 heading) Part 14.
Interpreters
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(735 ILCS 5/8-1401) (from Ch. 110, par. 8-1401)
Sec. 8-1401.
Language interpreter.
Interpreters may be sworn truly to
interpret, when
necessary.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1402) (from Ch. 110, par. 8-1402)
Sec. 8-1402.
Accommodation for hearing disability.
Whenever any deaf person is a party
to any legal proceeding
of any nature, or a juror or witness therein, the court in all instances shall
appoint a qualified interpreter of the deaf sign-language to interpret
the proceedings to and the testimony of such deaf person. In the case
of a deaf juror, the interpreter shall be available throughout the actual
trial and may accompany and communicate with such
juror throughout any period during which the jury is sequestered or engaged
in its deliberations.
Accommodations shall be made in accordance with the federal Americans with
Disabilities Act of 1990 so that a qualified individual with a hearing
disability may
participate as a party, witness, juror, or spectator in any legal proceeding.
The court shall determine and allow a reasonable fee for
all services provided under this Section which shall
be paid out of general county
funds.
(Source: P.A. 91-381, eff. 1-1-00.)
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(735 ILCS 5/8-1403) Sec. 8-1403. Interpreters for civil cases. (a) Whenever any person is a party or witness in a civil action in this State, the court shall, upon its own motion or that of a party, determine whether the person is capable of understanding the English language and is capable of expressing himself or herself in the English language so as to be understood directly by counsel, court, or jury. If the court finds the person incapable of so understanding or so expressing himself or herself, the court shall appoint an interpreter for the person whom he or she can understand and who can understand him or her. All appointments for court interpreters in civil matters shall be pursuant to the Illinois Supreme Court Language Access Policy and the judicial circuit's Language Access Plan that is appropriate for the demands and resources specific to the Illinois courts within that particular circuit. (b) The court shall enter an order of its appointment of the interpreter who shall be sworn to truly interpret or translate all questions propounded or answers given as directed by the court. (c) As used in this Section, "interpreter" includes a sign language interpreter.
(Source: P.A. 99-133, eff. 1-1-16.) |
(735 ILCS 5/Art. VIII Pt. 15 heading) Part 15.
Proof of Handwriting
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(735 ILCS 5/8-1501) (from Ch. 110, par. 8-1501)
Sec. 8-1501.
Comparison.
In all courts of this State
it shall be lawful to prove handwriting by comparison made by the
witness or jury with writings properly in the files of records of the
case, admitted in evidence or treated as genuine or admitted to be
genuine, by the party against whom the evidence is offered, or proved to
be genuine to the satisfaction of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1502) (from Ch. 110, par. 8-1502)
Sec. 8-1502.
Notice.
Before a standard of writing is admitted in evidence by
the court for comparison, such notice thereof as under all circumstances
of the case is reasonable shall first be given to the opposite party or
his or her attorney.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1503) (from Ch. 110, par. 8-1503)
Sec. 8-1503.
Opportunity to examine.
A reasonable opportunity to examine
such proposed standards
shall on motion duly made be accorded the opposite party, his or her attorney
and witnesses, prior to the introduction in evidence of such standards
and the court may, in its discretion, impound the same with the clerk of
the court for that purpose.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 16 heading) Part 16.
Proof of Deeds and Writings
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(735 ILCS 5/8-1601) (from Ch. 110, par. 8-1601)
Sec. 8-1601.
Execution of deed.
Whenever any deed, mortgage, conveyance, release,
power of attorney or other writing of, or relating to the sale,
conveyance or other disposition of real estate, or any interest therein,
or any other instrument in writing not required by law to be attested by
a subscribing witness, may be offered in evidence in any action
pending in any court of this state, and the same
appears to have been so attested, and it becomes necessary to prove
the execution of such deed or other writing otherwise than as now
provided by law, it shall not be necessary to prove the execution of the
same by a subscribing witness to the exclusion of other evidence, but
the execution of such instrument may be proved by secondary evidence
without producing or accounting for the absence of the subscribing
witness or witnesses.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 17 heading) Part 17.
Title to Land of Illinois Central Railroad
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(735 ILCS 5/8-1701) (from Ch. 110, par. 8-1701)
Sec. 8-1701.
Commissioner's tract list, map, etc.
- evidence.
Whenever it becomes
necessary, in any judicial proceeding, to prove the title of the Illinois
Central Railroad Company, or of the trustees of the railroad company,
or of any person claiming title through or under the company or
trustees, to any of the lands granted by the State to the railroad
company under the provisions of the Act incorporating such company, the
record in the proper county (or a transcript of such record, duly
certified by the custodian thereof), of the list purporting to contain
the tracts of land selected by the railroad company in such county, and
purporting to be certified by the commissioner of the general land
office as being a true abstract from the original list of selections by
the company, shall be sufficient prima facie evidence of title in the
railroad company or the trustees thereof, as the case may be, to
the lands embraced in such list; and the record in the proper county (or
a duly certified copy thereof by the custodian of such record) of the
map or profile of the railroad or branches, shall be sufficient prima
facie evidence of the line of location of the railroad or its branches
in such county.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-1702) (from Ch. 110, par. 8-1702)
Sec. 8-1702.
Appointment of trustees.
A copy of the commission issued
by the governor or by the
president of the railroad company to any successor of any of the
original trustees (or any of their successors) named in the Act of
incorporation, certified by the Secretary of State under the great seal
of the State, or by the commissioner of the land department of the
railroad company or its president, under the common seal of the
company, as the case may be, shall be sufficient prima facie evidence of
the regular appointment and due authority of the person named as trustee
in such commission.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 18 heading) Part 18.
Claims Regarding Work on Realty
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(735 ILCS 5/8-1801) (from Ch. 110, par. 8-1801)
Sec. 8-1801.
Presumptive proof.
Any work or service on real property or any product incorporated
therein to become part of such real property which does not cause injury
or property damage within 6 years after such performance, manufacture,
assembly, engineering or design, shall be presumptive proof that such
work, service or product was performed, manufactured, assembled,
engineered or designed with reasonable care by every person doing any of
such acts. However, all written guarantees are excluded from
this Section.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 19 heading) Part 19.
Admission of Liability
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(735 ILCS 5/8-1901) (from Ch. 110, par. 8-1901)
Sec. 8-1901. Admission of liability - Effect. The providing of, or payment
for, medical, surgical,
hospital, or rehabilitation services, facilities, or equipment by or on
behalf of any person, or the offer to provide, or pay for, any one or
more of the foregoing, shall not be construed as an admission of any
liability by such person or persons. Testimony, writings, records,
reports or information with respect to the foregoing shall not be
admissible in evidence as an admission of any liability in any action of
any kind in any court or before any commission, administrative agency,
or other tribunal in this State, except at the instance of the person or
persons so making any such provision, payment or offer.
(Source: P.A. 97-1145, eff. 1-18-13.) |
(735 ILCS 5/Art. VIII Pt. 20 heading) Part 20.
Inspection of Records
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(735 ILCS 5/8-2001) (from Ch. 110, par. 8-2001)
Sec. 8-2001. Examination of health care records.
(a) In this Section: "Health care facility" or "facility" means a public or
private hospital, ambulatory surgical treatment center, nursing home,
independent practice association, or physician hospital organization, or any
other entity where health care services are provided to any person. The term
does not include a health care practitioner.
"Health care practitioner" means any health care practitioner, including a physician, dentist, podiatric physician, advanced practice registered nurse, registered nurse, licensed practical nurse, physician assistant, clinical psychologist, clinical social worker, therapist, or counselor. The term includes a medical office, health care clinic, health department, group practice, and any other organizational structure for a licensed professional to provide health care services. The term does not include a health care facility.
(b) Every private and public health care facility shall, upon the request of any
patient who has been treated in such health care facility, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, or as authorized by Section 8-2001.5, permit the patient,
his or her health care practitioner,
authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative to examine the health care facility
patient care records,
including but not limited to the history, bedside notes, charts, pictures
and plates, kept in connection with the treatment of such patient, and
permit copies of such records to be made by him or her or his or her
health care practitioner or authorized attorney. (c) Every health care practitioner shall, upon the request of any patient who has been treated by the health care practitioner, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, permit the patient and the patient's health care practitioner or authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative, to examine and copy the patient's records, including but not limited to those relating to the diagnosis, treatment, prognosis, history, charts, pictures and plates, kept in connection with the treatment of such patient. (d) A request for copies of the records shall
be in writing and shall be delivered to the administrator or manager of
such health care facility or to the health care practitioner. The
person (including patients, health care practitioners and attorneys)
requesting copies of records shall reimburse the facility or the health care practitioner at the time of such copying for all
reasonable expenses, including the costs of independent copy service companies,
incurred in connection with such copying not to
exceed a $20 handling charge for processing the
request and the actual postage or shipping charge, if any, plus: (1) for paper copies
75 cents per page for the first through 25th pages, 50
cents per page for the 26th through 50th pages, and 25 cents per page for all
pages in excess of 50 (except that the charge shall not exceed $1.25 per page
for any copies made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested.
If the records system does not allow for the creation or transmission of an electronic or digital record, then the facility or practitioner shall inform the requester in writing of the reason the records can not be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies. These rates shall be automatically adjusted as set forth in Section 8-2006.
The facility or health care practitioner may, however, charge for the
reasonable cost of all duplication of
record material or information that cannot routinely be copied or duplicated on
a standard commercial photocopy machine such as x-ray films or pictures.
(d-5) The handling fee shall not be collected from the patient or the patient's personal representative who obtains copies of records under Section 8-2001.5. (e) The requirements of this Section shall be satisfied within 30 days of the
receipt of a written request by a patient or by his or her legally authorized
representative, health care practitioner,
authorized attorney, or any person, entity, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative. If the facility
or health care practitioner needs more time to comply with the request, then within 30 days after receiving
the request, the facility or health care practitioner must provide the requesting party with a written
statement of the reasons for the delay and the date by which the requested
information will be provided. In any event, the facility or health care practitioner must provide the
requested information no later than 60 days after receiving the request.
(f) A health care facility or health care practitioner must provide the public with at least 30 days prior
notice of the closure of the facility or the health care practitioner's practice. The notice must include an explanation
of how copies of the facility's records may be accessed by patients. The
notice may be given by publication in a newspaper of general circulation in the
area in which the health care facility or health care practitioner is located.
(g) Failure to comply with the time limit requirement of this Section shall
subject the denying party to expenses and reasonable attorneys' fees
incurred in connection with any court ordered enforcement of the provisions
of this Section. (h) Notwithstanding any other provision of the law, a health care facility or health care practitioner shall provide without charge one complete copy of a patient's records if the records are being requested by the patient or a person, entity, attorney, registered representative, or organization presenting a valid authorization for the release of records signed by the patient or the patient's legally authorized representative who has provided documentation of authority to act for the patient, or by such other
requester as is authorized by statute if the patient is deceased, for the purpose of supporting a claim for: (1) federal veterans' disability benefits; (2) federal Social Security or Supplemental Security Income benefits, or both, under any title of the Social Security Act; or (3) Aid to the Aged, Blind, or Disabled benefits. Upon request, and if the
records are for at least one of the approved purposes, the requester may obtain
updated medical records not included in the original medical record free of charge if the request is accompanied by a valid authorization for the release of records signed by
the patient, the patient's legally authorized representative who has provided documentation
of authority to act for the patient, or such other requester as is authorized by statute if the
patient is deceased.
(Source: P.A. 102-183, eff. 1-1-22.)
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(735 ILCS 5/8-2001.5) Sec. 8-2001.5. Authorization for release of a deceased patient's records. (a) In addition to disclosure allowed under Section 8-802, a deceased person's health care records must be released upon written request of the executor or administrator of the deceased person's estate or to an agent appointed by the deceased under a power of attorney for health care. When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records must be released upon the written request of a person, who is considered to be a personal representative of the patient for the purpose of the release of a deceased patient's health care records, in one of these categories: (1) the deceased person's surviving spouse; or (2) if there is no surviving spouse, any one or more | ||
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(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. (c) Any person who, in good faith, relies on a copy of an Authorized Relative Certification shall have the same immunities from criminal and civil liability as those who rely on a power of attorney for health care as provided by Illinois law. (d) Upon request for records of a deceased patient, the named authorized relative shall provide the facility or practitioner with a certified copy of the death certificate and a certification in substantially the following form:AUTHORIZED RELATIVE CERTIFICATION I, (insert name of authorized relative), certify that I am an authorized relative of the deceased (insert name of deceased). (A certified copy of the death certificate must be attached.) I certify that to the best of my knowledge and belief that no executor or administrator has been appointed for the deceased's estate, that no agent was authorized to act for the deceased under a power of attorney for health care, and the deceased has not specifically objected to disclosure in writing. I certify that I am the surviving spouse of the deceased; or I certify that there is no surviving spouse and my relationship to the deceased is (circle one): (1) An adult son or daughter of the deceased. (2) Either parent of the deceased. (3) An adult brother or sister of the deceased. I certify that I am seeking the records as a personal representative who is acting in a representative capacity and who is authorized to seek these records under Section 8-2001.5 of the Code of Civil Procedure. This certification is made under penalty of perjury.*Dated: (insert date).................................(Print Authorized Relative's Name).................................(Authorized Relative's Signature).................................(Authorized Relative's Address)*(Note: Perjury is defined in Section 32-2 of the Criminal Code of 2012, and is a Class 3 felony.)
(Source: P.A. 97-623, eff. 11-23-11; 97-867, eff. 7-30-12; 97-1150, eff. 1-25-13.) |
(735 ILCS 5/8-2002) (from Ch. 110, par. 8-2002)
Sec. 8-2002. Application.
(a) Part 20 of Article VIII of this
Act does not apply to the records of patients,
inmates, or persons being examined, observed or treated in any
institution, division, program or service now existing, or hereafter
acquired or created under the jurisdiction of the Department of Human
Services as successor to the Department of Mental Health and Developmental
Disabilities and the Department of
Alcoholism and Substance Abuse, or over which, in that capacity, the
Department of Human Services exercises
executive or administrative supervision.
(b) In the event of a conflict between the application of Part 20 of
Article VIII of this Act
and the Mental Health and Developmental Disabilities Confidentiality Act
or subsection (bb) of Section 30-5 of the
Substance Use Disorder Act
to a specific situation, the provisions of the Mental Health and
Developmental Disabilities Confidentiality Act or subsection (bb) of
Section 30-5
of the Substance Use Disorder Act
shall control.
The provisions of federal law concerning the confidentiality of
alcohol and drug abuse patient records, as contained in Title 21 of the
United States Code, Section 1175; Title 42 of the United States Code,
Section 4582; 42 CFR Part 2; and any other regulations promulgated pursuant
thereto, all as now or hereafter amended, shall supersede all other laws
and regulations concerning such confidentiality, except where any such
otherwise applicable laws or regulations are more stringent, in which case
the most stringent shall apply.
(Source: P.A. 100-759, eff. 1-1-19.)
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(735 ILCS 5/8-2003)
Sec. 8-2003. (Repealed).
(Source: P.A. 93-87, eff. 7-2-03. Repealed by P.A. 95-478, eff. 1-1-08.)
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(735 ILCS 5/8-2004) (from Ch. 110, par. 8-2004)
Sec. 8-2004.
(Repealed).
(Source: P.A. 92-228, eff. 9-1-01. Repealed by P.A. 93-87, eff. 7-2-03.)
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(735 ILCS 5/8-2005)
Sec. 8-2005. Attorney's records. This Section applies only if a client and his or her authorized
attorney have complied with all applicable legal requirements regarding
examination and copying of client files, including but not limited to
satisfaction of expenses and attorney retaining liens.
Upon the request of a client, an
attorney shall permit the client's authorized attorney to examine and copy the
records kept by the attorney in connection with the representation of the
client, with the exception of attorney work product. The request for
examination and copying of the records shall be in
writing and shall be delivered to the attorney. Within a reasonable time after
the attorney receives the written request, the attorney shall comply with the
written request at his or her office or any other place designated by him or
her. At the time of copying, the person requesting the records shall
reimburse the attorney for all reasonable expenses, including the costs of
independent copy service companies, incurred by the attorney in connection
with the copying not to exceed a
$20 handling charge for processing the request,
and
the actual postage or shipping charges, if any, plus (1) for paper copies 75 cents per page for the first through 25th pages, 50 cents per page for the
26th through 50th pages, and 25 cents per page for all pages in excess of 50
(except that the charge shall not exceed $1.25 per page for any copies
made from microfiche or microfilm; records retrieved from scanning, digital imaging, electronic information or other digital format do not qualify as microfiche or microfilm retrieval for purposes of calculating charges); and (2) for electronic records, retrieved from a scanning, digital imaging, electronic information or other digital format in an electronic document, a charge of 50% of the per page charge for paper copies under subdivision (d)(1). This per page charge includes the cost of each CD Rom, DVD, or other storage media. Records already maintained in an electronic or digital format shall be provided in an electronic format when so requested. If the records system does not allow for the creation or transmission of an electronic or digital record, then the attorney shall inform the requester in writing of the reason the records cannot be provided electronically. The written explanation may be included with the production of paper copies, if the requester chooses to order paper copies.
These rates shall be automatically
adjusted as set forth in Section 8-2006.
The attorney may, however, charge for the reasonable cost of all duplication of
record material or information that cannot routinely be copied or
duplicated on a standard commercial photocopy machine such as pictures.
An attorney shall satisfy the requirements of this Section within 60
days after he or she receives a request from a client or his or her authorized
attorney. An attorney who fails to comply with the time limit requirement of
this Section shall be required to pay expenses and reasonable attorney's fees
incurred in connection with any court-ordered enforcement of the
requirements of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
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(735 ILCS 5/8-2006)
Sec. 8-2006. Copying fees; adjustment for inflation. Beginning in
2003, every January 20, the copying fee limits established in Sections 8-2001 and 8-2005 shall automatically be increased or decreased, as
applicable, by a percentage equal to the percentage change in the consumer
price index-u during the preceding 12-month calendar year. "Consumer price
index-u" means the index published by the Bureau of Labor Statistics of the
United States Department of Labor that measures the average change in
prices of goods and services purchased by all urban consumers, United
States city average, all items, 1982-84 = 100. The new amount resulting
from each annual adjustment shall be determined by the Comptroller and
made available to the public via the Comptroller's official website by January 31 of every year.
(Source: P.A. 94-982, eff. 6-30-06; 95-478, eff. 1-1-08 (changed from 8-27-07 by P.A. 95-480).)
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(735 ILCS 5/Art. VIII Pt. 21 heading) Part 21.
Medical Studies
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(735 ILCS 5/8-2101) (from Ch. 110, par. 8-2101)
Sec. 8-2101.
Information obtained.
All information, interviews, reports,
statements, memoranda, recommendations, letters of reference or other third
party confidential assessments of a health care practitioner's professional
competence, or other data of the Illinois Department of Public Health,
local health departments, the Department of Human Services (as
successor to the Department of Mental Health and Developmental
Disabilities), the Mental Health and
Developmental
Disabilities Medical Review Board, Illinois State Medical Society, allied
medical societies, health maintenance organizations, medical
organizations under contract with health maintenance organizations or with
insurance or other health care delivery entities or facilities, tissue banks,
organ procurement agencies, physician-owned insurance companies and
their agents, committees of ambulatory surgical treatment centers or
post-surgical recovery centers or their medical staffs, or committees of
licensed or accredited hospitals or their medical staffs, including Patient
Care Audit Committees, Medical Care Evaluation Committees, Utilization Review
Committees, Credential Committees and Executive Committees, or their
designees (but not the medical records pertaining to the patient), used in
the course of internal quality control or of medical study for the purpose of
reducing morbidity or mortality, or for improving patient care or increasing
organ and tissue donation, shall be privileged, strictly confidential and
shall be used only for medical research, increasing organ and tissue
donation, the evaluation and improvement of quality care, or granting,
limiting or revoking staff privileges or agreements for services, except
that in any health maintenance organization proceeding to decide upon a
physician's services or any hospital or ambulatory surgical treatment
center proceeding to decide upon a physician's staff privileges, or in any
judicial review of either, the claim of confidentiality shall
not be invoked to deny such physician access to or use of data upon which such
a decision was based.
(Source: P.A. 92-644, eff. 1-1-03.)
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(735 ILCS 5/8-2102) (from Ch. 110, par. 8-2102)
Sec. 8-2102.
Admissibility as evidence.
Such information, records, reports,
statements, notes,
memoranda, or other data, shall not be admissible as evidence, nor discoverable
in any
action of any kind in any court or before any tribunal, board, agency or
person. The disclosure of any such information or data, whether proper,
or improper, shall not waive or have any effect upon its confidentiality,
nondiscoverability, or nonadmissability.
(Source: P.A. 85-907.)
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(735 ILCS 5/8-2103) (from Ch. 110, par. 8-2103)
Sec. 8-2103.
Furnishing information.
The furnishing of such information
in the course of a
research project to the Illinois Department of Public Health, Illinois
State Medical Society, allied medical societies or to in-hospital staff
committees or their authorized representatives, shall not subject any
person, hospital, sanitarium, nursing or rest home or any such agency to
any action for damages or other relief.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-2104) (from Ch. 110, par. 8-2104)
Sec. 8-2104.
Interviews.
No patient, patient's relatives, or patient's
friends named
in any medical study, shall be interviewed for the purpose of such study
unless consent of the attending physician and surgeon is first obtained.
(Source: P.A. 82-280.)
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(735 ILCS 5/8-2105) (from Ch. 110, par. 8-2105)
Sec. 8-2105.
Improper disclosure.
The disclosure of any information, records, reports,
statements, notes, memoranda or other data obtained in any such medical
study except that necessary for the purpose of the specific study is
unlawful, and any person convicted of violating any of the provisions of
Part 21 of Article VIII of this Act
is guilty of a Class A misdemeanor.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. VIII Pt. 22 heading) Part 22.
Coroner's records
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(735 ILCS 5/8-2201) (from Ch. 110, par. 8-2201)
Sec. 8-2201.
Admissibility of coroner's records.
In actions or proceedings
for the recovery of damages arising from or growing out of
injuries caused by the negligence of any person, firm or corporation
resulting in the death of any person or for the collection of a policy
of insurance, neither the coroner's verdict returned upon the
inquisition, nor a copy thereof, shall be admissible
as evidence to prove or establish any of the facts in controversy in
such action or proceeding.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 23 heading) Part 23.
Perpetuating Testimony
|
(735 ILCS 5/8-2301) (from Ch. 110, par. 8-2301)
Sec. 8-2301.
Perpetuation of testimony.
Any person may take the deposition
of a witness to
perpetuate the remembrance of any fact, matter or thing, relating to the
boundaries or improvements of land, the name or former name of water
course, the name or former name of any portion or district of the
county, the ancient customs, laws or usages of the inhabitants of any
part of this country, as far as they may pertain to the future
settlement of land claims or the marriage or pedigree of any person, any
other matter or thing necessary to the security of any estate, or to any
private right by filing a petition supported by affidavit in the circuit
court of the proper county. The petition shall set forth, briefly and
substantially, the petitioner's interest, claim or title in or to the subject
concerning which the petitioner desires to perpetuate evidence, the fact intended to
be established, the names of all other persons interested or supposed to
be interested therein, whether there are any persons interested therein
whose names are unknown to the petitioner (who shall be designated as
unknown owners), and the name of the witness proposed to be examined.
Except as in this Section otherwise provided, the procedure for the giving of
notice to interested persons, including unknown owners, and the manner
of taking the deposition shall be that provided by the rules of the
Supreme Court now or hereafter in effect for the taking of depositions
for the perpetuation of testimony. A deposition taken under this Section
may be used as evidence in any case in the same manner and subject to
the same conditions and objections as if it had originally been taken in
that case. The deposition is admissible against parties notified as
unknown owners to the same extent as it is against other notified
parties.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. VIII Pt. 24 heading) Part 24.
Application to Criminal Cases
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(735 ILCS 5/8-2401) (from Ch. 110, par. 8-2401)
Sec. 8-2401.
Application to criminal cases.
The provisions of Article
VIII of this Act shall apply to criminal
cases, unless expressly provided otherwise or unless such construction would
be inconsistent with the manifest intention of the context.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. VIII Pt. 25 heading) Part 25.
Expert Witness Standards
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(735 ILCS 5/8-2501) (from Ch. 110, par. 8-2501)
Sec. 8-2501. Expert Witness Standards. In any case in which the standard of
care
given by a medical
profession is at issue, the court shall apply the
following standards to determine if a witness qualifies as an expert witness
and can testify on the issue of the appropriate standard of care.
(a)
Relationship of the medical specialties of the witness to the medical
problem or problems
and the type of treatment administered in the case;
(b) Whether the witness has devoted
a
substantial portion of his or her
time to the practice of medicine, teaching or University based research
in relation to the medical care and type of treatment at issue which gave
rise to the medical problem of which the plaintiff complains;
(c)
Whether the witness is licensed
in the same profession as the defendant; and
(d) Whether, in the case against a nonspecialist, the witness can
demonstrate a sufficient familiarity with the standard of care practiced in
this State.
(Source: P.A. 97-1145, eff. 1-18-13.) |
(735 ILCS 5/Art. VIII Pt. 26 heading) Part 26.
Minors
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(735 ILCS 5/8-2601) (from Ch. 110, par. 8-2601)
Sec. 8-2601.
(a) An out-of-court statement made by a child under the
age of 13 describing any act of child abuse or any conduct involving an
unlawful sexual act performed in the presence of, with, by, or on the
declarant child, or testimony by such of an out-of-court statement made by
such child that he or she complained of such acts to another, is admissible
in any civil proceeding, if: (1) the court conducts a hearing outside the
presence of the jury and finds that the time, content, and circumstances of
the statement provide sufficient safeguards of reliability; and (2) the
child either: (i) testifies at the proceeding; or (ii) is unavailable as a
witness and there is corroborative evidence of the act which is the subject
of the statement.
(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its
determination, it shall consider the age and maturity of the child, the
nature of the statement, the circumstances under which the statement was
made, and any other relevant factors.
(c) The proponent of the statement shall give the adverse party
reasonable notice of an intention to offer the statement and the
particulars of the statement.
(Source: P.A. 85-1440.)
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(735 ILCS 5/Art. VIII Pt. 27 heading) Part 27.
Elder Adults
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(735 ILCS 5/8-2701)
Sec. 8-2701.
Admissibility of evidence; out of court statements; elder
abuse.
(a) An out of court statement made by an eligible adult, as defined in the
Adult Protective Services Act, who has been diagnosed by a physician to suffer
from (i) any form of dementia, developmental disability, or other form of
mental incapacity or (ii) any physical infirmity which prevents the eligible
adult's appearance in court, describing any act of elder abuse, neglect, or
financial exploitation, or testimony by an eligible adult of an out of court
statement
made by the eligible adult that he or she complained of such acts to another,
is admissible in any civil proceeding, if:
(1) the court conducts a hearing outside the presence | ||
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(2) the eligible adult either:
(A) testifies at the proceeding; or
(B) is unavailable as a witness and there is | ||
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(b) If a statement is admitted pursuant to this Section, the court shall
instruct the jury that it is for the jury to determine the weight and
credibility to be given to the statement and that, in making its determination,
it shall consider the condition of the eligible adult, the nature of the
statement, the
circumstances under which the statement was made, and any other relevant
factors.
(c) The proponent of the statement shall give the adverse party reasonable
notice of an intention to offer the statement and the particulars of the
statement.
(Source: P.A. 98-49, eff. 7-1-13.)
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(735 ILCS 5/Art. VIII Pt. 28 heading) Part 28. Prior Sexual Activity or Reputation as Evidence
(Source: P.A. 96-307, eff. 1-1-10.) |
(735 ILCS 5/8-2801) Sec. 8-2801. Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c): (1) evidence offered to prove that any victim engaged | ||
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(2) evidence offered to prove any victim's sexual | ||
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(b) Exceptions. (1) In a civil case, the following evidence is | ||
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(A) evidence of specific instances of sexual | ||
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(B) evidence of specific instances of sexual | ||
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(c) Procedure to determine admissibility. (1) A party intending to offer evidence under | ||
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(A) file a written motion at least 14 days before | ||
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(B) serve the motion on all parties and notify | ||
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(2) Before admitting evidence under this Section the | ||
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(Source: P.A. 96-307, eff. 1-1-10.) |
(735 ILCS 5/Art. VIII Pt. 29 heading) Part 29. Immigration Status
(Source: P.A. 101-550, eff. 1-1-20.) |
(735 ILCS 5/8-2901) Sec. 8-2901. Admissibility of evidence; immigration status. (a) Except as provided in subsection (b), evidence related to a person's immigration status is not admissible in any civil proceeding. (b) Evidence otherwise inadmissible under this Act is admissible if: (1) it is essential to prove an element of a claim or | ||
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(2) it is offered to prove an interest or bias of a | ||
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(3) a person or his or her attorney voluntarily | ||
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(c) A party intending to offer evidence relating to a person's immigration status shall file a written motion at least 14 days before a hearing or a trial specifically describing the evidence and stating the purpose for which it is offered. A court, for good cause, may require a different time for filing or permit filing during trial. Upon receipt of the motion and notice to all parties, the court shall conduct an in camera hearing, with counsel present, limited to review of the probative value of the person's immigration status to the case. If the court finds that the evidence relating to a person's immigration status meets the criteria set forth in paragraph (1), (2), or (3) of subsection (b), the court shall make findings of fact and conclusions of law regarding the permitted use of the evidence. The motion, related papers, and the record of the hearing shall be sealed and remain under seal unless the court orders otherwise. (d) A person may not, with the intent to deter any person or witness from testifying freely, fully, and truthfully to any matter before trial or in any court or before a grand jury, administrative agency, or any other State or local governmental unit, threaten to or actually disclose, directly or indirectly, a person's or witness's immigration status to any entity or any immigration or law enforcement agency. A person who violates this subsection commits a Class C misdemeanor.
(Source: P.A. 101-550, eff. 1-1-20.) |
(735 ILCS 5/Art. IX heading)
ARTICLE IX
EVICTION
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/Art. IX Pt. 1 heading) Part 1.
In General
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(735 ILCS 5/9-101) (from Ch. 110, par. 9-101)
Sec. 9-101.
Forcible entry prohibited.
No person shall make an
entry into lands or tenements except in cases where entry is allowed by
law, and in such cases he or she shall not enter with force, but in a peaceable
manner.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-102) (from Ch. 110, par. 9-102)
Sec. 9-102. When action may be maintained.
(a) The person entitled to the possession of lands or tenements may be
restored thereto under any of the following circumstances:
(1) When a forcible entry is made thereon.
(2) When a peaceable entry is made and the possession | ||
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(3) When entry is made into vacant or unoccupied | ||
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(4) When any lessee of the lands or tenements, or any | ||
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(5) When a vendee having obtained possession under a | ||
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This amendatory Act of 1993 is declarative of | ||
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(6) When lands or tenements have been conveyed by any | ||
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(7) When any property is subject to the provisions of | ||
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(8) When any property is subject to the provisions of | ||
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(b) The provisions of paragraph (8) of subsection (a) of Section 9-102
and Section 9-104.3 of this Act shall not apply to any common interest
community unless (1) the association is a not-for-profit corporation or a limited liability company, (2)
unit owners are authorized to attend meetings of the board of directors or
board of managers of the association in the same manner as provided for
condominiums under the Condominium Property Act, and (3) the board of
managers or board of directors of the common interest community association
has, subsequent to the effective date of this amendatory Act of 1984 voted
to have the provisions of this Article apply to such association and has
delivered or mailed notice of such action to the unit owners or unless the
declaration of the association is recorded after the effective date of this
amendatory Act of 1985.
(c) For purposes of this Article:
(1) "Common interest community" means real estate | ||
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(2) "Declaration" means any duly recorded | ||
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(3) "Unit" means a physical portion of the common | ||
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(4) "Unit owners' association" or "association" means | ||
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(d) If the board of a common interest community elects to have the
provisions of this Article apply to such association or the declaration of
the association is recorded after the effective date of this amendatory Act
of 1985, the provisions of subsections (c) through (h) of Section 18.5 of
the Condominium Property Act applicable to a Master Association and
condominium unit subject to such association under subsections (c) through
(h) of Section 18.5 shall be applicable to the community associations and
to its unit owners.
(Source: P.A. 102-71, eff. 7-9-21.)
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(735 ILCS 5/9-103) (from Ch. 110, par. 9-103)
Sec. 9-103.
Mobile home site.
The rental of land upon which a mobile
home is placed or the rental
of a mobile home and the land on which it is placed, for more than 30
days, shall be construed as a lease of real property. However, nothing
in this Section shall be construed to affect the classification of
mobile homes as real or personal property for purposes of taxation.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
Sec. 9-104.
Demand - Notice - Return.
The demand required by Section
9-102 of this Act may be made by delivering a copy
thereof to the tenant, or by leaving such a copy with some person of the
age of 13 years or upwards, residing on, or being in charge of, the premises;
or in case no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession are unknown
occupants who are not parties to any written lease, rental agreement, or right
to possession agreement for the premises, then by delivering a copy of the
notice, directed to "unknown occupants", to the occupant or by leaving a copy
of the notice with some person of the age of 13 years or upwards
occupying the premises, or by posting a copy of the notice on the premises
directed to "unknown occupants". When such demand is made by
an officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated, and if such demand is made by any
person not an officer, the return may be sworn to by the person serving
the same, and is then prima facie evidence of the facts therein
stated. The demand for possession may be in the following form:
To ....
I hereby demand immediate possession of the following | ||
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The demand shall be signed by the person claiming such possession,
his or her agent, or attorney.
(Source: P.A. 92-823, eff. 8-21-02.)
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(735 ILCS 5/9-104.1) (from Ch. 110, par. 9-104.1)
Sec. 9-104.1. Demand; notice; return; condominium and contract
purchasers.
(a) In case there is a contract for the purchase of such lands
or tenements or in case of condominium property, the demand shall give the
purchaser under such contract, or to the condominium unit owner, as the
case may be, at least 30 days to satisfy the terms of the demand before an
action is filed. In case of a condominium unit, the demand shall set forth
the amount claimed which must be paid within the time prescribed in the
demand and the time period or periods when the amounts were originally due,
unless the demand is for compliance with Section 18(n) of the Condominium
Property Act, in which case the demand shall set forth the nature of the
lease and memorandum of lease or the leasing requirement not satisfied.
The amount claimed shall include regular or special assessments, late
charges or interest for delinquent assessments, and attorneys' fees claimed
for services incurred prior to the demand. Attorneys' fees claimed by
condominium associations in the demand shall be subject to review by the
courts in any eviction proceeding under subsection (b) of Section 9-111
of this Act.
The demand shall be signed by the person claiming such possession, his or
her agent, or attorney.
(b) In the case of a condominium unit, the demand is not invalidated by
partial payment of amounts due if the payments do not, at the end of the
notice period, total the amounts demanded in the notice for common
expenses, unpaid fines, interest, late charges, reasonable attorney fees
incurred prior to the initiation of any court action and costs of
collection. The person claiming possession, or his or her agent or
attorney, may, however, agree in writing to withdraw the demand in exchange
for receiving partial payment. To prevent invalidation, the notice must
prominently state:
"Only FULL PAYMENT of all amounts demanded in this notice will invalidate
the demand, unless the person claiming possession, or his or her agent or
attorney, agrees in writing to withdraw the demand in exchange for
receiving partial payment."
(c) The demand set forth in subsection (a) of this Section shall be
served either personally upon such purchaser or condominium unit owner or
by sending the demand thereof by registered or certified mail with return
receipt requested to the last known address of such purchaser or condominium
unit owner or in case no one is in the actual possession of the premises,
then by posting the same on the premises. When such demand is made by an
officer authorized to serve process, his or her return is prima facie
evidence of the facts therein stated and if such demand is made by any
person not an officer, the return may be sworn to by the person serving the
same, and is then prima facie evidence of the facts therein stated.
To be effective service under this Section, a demand sent by certified or
registered mail to the last known address need not be received by the
purchaser or condominium unit owner.
No
other demand shall be required as a prerequisite to filing an action under
paragraph (7) of subsection (a) of Section 9-102 of this Act.
Service of the demand by registered or certified mail shall be deemed
effective upon deposit in the United States mail with proper postage prepaid
and addressed as provided in this subsection.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-104.2) (from Ch. 110, par. 9-104.2)
Sec. 9-104.2. Condominiums: demand, notice, termination of lease, and eviction. (a) Unless the Board of Managers is seeking to evict
a tenant or other occupant of a unit
under
an existing lease or other arrangement with the owner
of a unit, no demand nor summons need be served upon the tenant or other
occupant in connection
with an action brought under paragraph (7) of subsection (a) of Section
9-102 of this Article.
(a-5) The Board of Managers may seek to evict a tenant or other occupant of a unit under an
existing lease or other arrangement between the tenant or other occupant and
the defaulting owner of a unit, either within the same action against the unit
owner under paragraph (7) of subsection (a) of Section 9-102 of this Article or
independently thereafter under other paragraphs of that subsection. If a
tenant or other occupant of a unit is joined within
the same action against the defaulting unit owner under paragraph (7),
only the unit owner and not the tenant or other occupant
need to be served with 30 days prior written notice as
provided in this Article.
The tenant or other occupant may be joined as additional defendants at the
time the suit is filed
or at any time thereafter prior to execution of the eviction order by
filing, with or without prior leave of the court, an amended complaint and
summons for trial. If the complaint alleges that the unit is occupied or may
be occupied by persons other than or in addition to the unit owner of record,
that the identities of the persons are concealed and unknown, they may be named
and joined as defendant "Unknown Occupants". Summons may be served on the
defendant "Unknown Occupants" by the sheriff or court appointed process server
by leaving a copy at the unit with any person residing at the unit of the age
of
13 years or greater, and if the summons is returned without service stating
that service cannot be obtained, constructive service may be obtained pursuant
to Section 9-107 of this Code with notice mailed to "Unknown Occupants" at the
address of the unit. If prior to execution of the eviction order the
identity of a defendant or defendants served in this manner is discovered, his
or her name or names
and the record may be corrected upon hearing pursuant to notice of motion
served upon the identified defendant or defendants at the unit in the manner
provided by
court rule for service of notice of motion.
If, however, an action under paragraph (7) was brought
against the defaulting unit owner only, and after obtaining an eviction order and expiration of the stay on enforcement the Board of Managers
elects not to accept a tenant or occupant in possession as its own and to
commence a separate action, written
notice of the eviction order against the unit owner and demand to quit the premises
shall be served on the tenant or other occupant in the manner provided under
Section 9-211 at
least 10 days prior to bringing suit to evict the tenant or
other occupant.
(b) If an eviction order is granted to the Board of Managers under
Section 9-111, any interest of the unit owner to receive rents under any
lease arrangement shall
be deemed assigned to the Board of Managers until such time as the judgment is
vacated.
(c) If an eviction order is entered, the Board of Managers may
obtain from the clerk of the court an informational certificate notifying any
tenants
not parties to the proceeding of the assignment of the unit owner's interest
in the lease arrangement to the Board of Managers
as a result of the entry of the eviction order and stating that
any rent hereinafter due the unit owner or his agent under the lease
arrangement should be paid to the Board of Managers until further order of
court. If the tenant pays his rent to the association pursuant to the
entry of such an eviction order, the unit owner may not sue said
tenant for any such amounts the tenant pays the association.
Upon service of the certificate on the tenant in the manner provided by
Section 9-211 of this Code, the tenant shall be obligated to pay the rent under
the lease arrangement to the Board of Managers as it becomes due. If the
tenant thereafter fails and refuses to pay the rent, the Board of Managers may
bring an eviction action after making a demand for rent in accordance
with Section 9-209 of this Code.
(c-5) In an action against the unit owner and lessee to evict a lessee for
failure of the lessor/owner of the condominium unit to comply with the leasing
requirements prescribed by subsection (n) of Section 18 of the Condominium
Property Act or by
the declaration, bylaws, and rules and regulations of the condominium, or
against a lessee for any other breach by the lessee of any covenants, rules,
regulations, or bylaws of the condominium, the demand shall give the lessee at
least 10 days to quit and vacate the unit. The notice shall be substantially
in the following form:
"TO A.B. You are hereby notified that in consequence | ||
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The demand shall be signed by the Board of Managers, its agent, or attorney
and shall be served either personally upon the lessee with a copy to the unit
owner or by sending the demand thereof by registered or certified mail with
return receipt requested to the unit occupied by the lessee and to the last
known address of the unit owner, and no other demand of termination of such
tenancy shall be required. To be effective service under this Section, a
demand sent by certified mail, return receipt requested, to the unit occupied
by the lessee and to the last known address of the unit owner need not be
received by the lessee or condominium unit owner.
(d) Nothing in this Section 9-104.2 is intended to confer upon a Board of
Managers any greater authority with respect to possession of a unit after a
judgment than was previously established by this Act.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-104.3) (from Ch. 110, par. 9-104.3)
Sec. 9-104.3.
Applicability of Article.
All common interest
community associations electing
pursuant to paragraph (8) of subsection (a) of Section 9-102 to have this
Article made applicable to such association shall follow the same
procedures and have the same rights and responsibilities as condominium
associations under this Article.
(Source: P.A. 84-1308.)
|
(735 ILCS 5/9-105) (from Ch. 110, par. 9-105)
Sec. 9-105.
Growing crops.
In case of forfeiture under contract of purchase, the
purchaser shall be entitled to cultivate and gather the crops, if any,
planted by him or her and grown or growing on the premises at the time of the
filing of the action, and shall have the right to enter for the
purpose of removing such crops, first paying or tendering to the party
entitled to the possession a reasonable compensation for such use of the
land before removing such crops.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-106) (from Ch. 110, par. 9-106)
Sec. 9-106.
Pleadings and evidence.
On complaint by the party or parties
entitled to
the possession of such premises being filed in the circuit court for the
county where such premises are situated, stating that such party is
entitled to the possession of such premises (describing the same with
reasonable certainty), and that the defendant (naming the defendant) unlawfully
withholds the possession thereof from him, her or them, the clerk of the
court shall issue a summons.
The defendant may under a general denial of the allegations of the
complaint offer in evidence any matter in defense of the action.
Except as otherwise provided in Section 9-120,
no
matters not germane to the distinctive purpose of the proceeding shall
be introduced by joinder, counterclaim or otherwise. However,
a claim for rent may be joined in the complaint, and judgment may be entered
for the amount of rent found due.
(Source: P.A. 90-360, eff. 1-1-98.)
|
(735 ILCS 5/9-106.1) (from Ch. 110, par. 9-106.1)
Sec. 9-106.1.
Action for condominium assessments not barred or waived
by acceptance of assessments for time periods not covered by demand.
An action brought under paragraph (7) of subsection (a) of Section 9-102
of this Act is neither barred nor
waived by the action of a Board of Managers in accepting payments from a
unit owner for his or her proportionate share of the common expenses or
of any other expenses lawfully agreed upon for any time period other than
that covered by the demand.
(Source: P.A. 84-1308.)
|
(735 ILCS 5/9-106.2) Sec. 9-106.2. Affirmative defense for violence; barring persons from property. (a) It shall be an affirmative defense to an action maintained under this Article IX if the court makes one of the following findings that the demand for possession is: (1) based solely on the tenant's, lessee's, or | ||
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(2) based solely upon an incident of actual or | ||
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(3) based solely upon criminal activity directly | ||
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(4) based upon a demand for possession pursuant to | ||
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(b) When asserting the affirmative defense, at least one form of the following types of evidence shall be provided to support the affirmative defense: medical, court, or police records documenting the violence or a statement from an employee of a victim service organization or from a medical professional from whom the tenant, lessee, or household member has sought services. (c) Nothing in subsection (a) shall prevent the landlord from seeking possession solely against a tenant, household member, or lessee of the premises who perpetrated the violence referred to in subsection (a). (d) Nothing in subsection (a) shall prevent the landlord from seeking possession against the entire household, including the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if the tenant, lessee, or household member's continued tenancy would pose an actual and imminent threat to other tenants, lessees, household members, the landlord or their agents at the property. (e) Nothing in subsection (a) shall prevent the landlord from seeking possession against the tenant, lessee, or household member who is a victim of domestic violence, dating violence, stalking, or sexual violence if that tenant, lessee, or household member has committed the criminal activity on which the demand for possession is based. (f) A landlord shall have the power to bar the presence of a person from the premises owned by the landlord who is not a tenant or lessee or who is not a member of the tenant's or lessee's household. A landlord bars a person from the premises by providing written notice to the tenant or lessee that the person is no longer allowed on the premises. That notice shall state that if the tenant invites the barred person onto any portion of the premises, then the landlord may treat this as a breach of the lease, whether or not this provision is contained in the lease. Subject to paragraph (4) of subsection (a), the landlord may evict the tenant. (g) Further, a landlord may give notice to a person that the person is barred from the premises owned by the landlord. A person has received notice from the landlord within the meaning of this subsection if he has been notified personally, either orally or in writing including a valid court order as defined by subsection (7) of Section 112A-3 of the Code of Criminal Procedure of 1963 granting remedy (2) of subsection (b) of Section 112A-14 of that Code, or if a printed or written notice forbidding such entry has been conspicuously posted or exhibited at the main entrance to such land or the forbidden part thereof. Any person entering the landlord's premises after such notice has been given shall be guilty of criminal trespass to real property as set forth in Section 21-3 of the Criminal Code of 2012. After notice has been given, an invitation to the person to enter the premises shall be void if made by a tenant, lessee, or member of the tenant's or lessee's household and shall not constitute a valid invitation to come upon the premises or a defense to a criminal trespass to real property.
(Source: P.A. 96-1188, eff. 7-22-10; 97-1150, eff. 1-25-13.) |
(735 ILCS 5/9-106.3) Sec. 9-106.3. Affirmative defenses for retaliation on the basis of immigration status. (a) It is an affirmative defense to an action maintained under this Article if the court finds that: (1) the landlord's demand for possession is based | ||
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(2) the landlord's demand for possession is based | ||
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(b) This Section does not prohibit a landlord from complying with any legal obligation under federal, State, or local law, including, but not limited to, any legal obligation under any government program that provides for rent limitations or rental assistance to a qualified tenant or a subpoena, warrant, or other court order. (c) This Section does not prohibit a landlord from requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant. (d) This Section does not prohibit a landlord from delivering to the tenant an oral or written notice regarding conduct by the tenant that violates, may violate, or has violated an applicable rental agreement, including the lease or any rule, regulation, or law. (e) This Section does not enlarge or diminish a landlord's right to terminate a tenancy pursuant to existing State or local law, nor does this Section enlarge or diminish the ability of a unit of local government to regulate or enforce a prohibition against a landlord's harassment of a tenant.
(Source: P.A. 101-439, eff. 8-21-19.) |
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If the plaintiff, his or her agent,
or attorney files an eviction action, with or without joinder of a claim for rent in the
complaint, and is unable to obtain personal service on the
defendant or unknown occupant and a summons duly issued in such action is returned
without service stating that service can not be obtained, then the
plaintiff, his or her agent or attorney may file an affidavit stating that the
defendant or unknown occupant is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State so that process cannot be served upon him or her, and also stating the
place of residence of the defendant or unknown occupant, if known, or if
not known, that
upon diligent inquiry the affiant has not been able to ascertain the
defendant's or unknown occupant's place of residence, then in all such eviction
cases
whether or not a claim for rent is joined with the complaint for
possession, the defendant or unknown occupant may be notified by posting
and mailing of
notices; or by publication and mailing, as provided for in
Section 2-206 of this Act. However, in cases where the defendant or unknown
occupant is notified by
posting and mailing of notices or by publication and mailing, and the
defendant or unknown occupant does not appear generally, the court may rule
only on the
portion of the complaint which seeks an eviction order, and the
court shall not enter judgment as to any rent claim joined in the
complaint or enter personal judgment for any amount owed by a unit owner
for his or her proportionate share of the common expenses, however, an in
rem judgment may be entered against the unit for the amount of common expenses
due, any other expenses lawfully agreed upon or the amount of any unpaid
fine, together with reasonable attorney fees, if any, and costs. The claim
for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served with summons, but the eviction order shall be final, enforceable and appealable if the court makes
an express written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of this State.
Such notice shall be in the name of the clerk of the court, be
directed to the defendant or unknown occupant, shall state the nature of the cause against
the defendant or unknown occupant and at whose instance issued and the time and place for
trial, and shall also state that unless the defendant or unknown occupant appears at the
time and place fixed for trial, judgment will be entered by default, and
shall specify the character
of the judgment that will be entered in such cause. The sheriff shall
post 3 copies of the notice in 3 public places in the neighborhood of
the court where the cause is to be tried, at least 10 days prior to the
day set for the appearance, and, if the place of residence of the
defendant or unknown occupant is stated in any affidavit on file, shall at the
same time
mail one copy of the notice addressed to such defendant or unknown occupant at
such place of
residence shown in such affidavit. On or before the day set for the
appearance, the sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and to whom and
at what address he or she mailed copies as required by this Section. For want
of sufficient notice any cause may be continued from time to time until
the court has jurisdiction of the defendant or unknown occupant.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-107.5)
Sec. 9-107.5. Notice to unknown occupants.
(a) Service of process upon an
unknown
occupant may be had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or person of the age
of 13
or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
summons
and complaint and an eviction order in favor of the plaintiff is
entered, but the
order does not include unknown occupants and the sheriff determines
when
executing the eviction order that persons not included in the
order are
in possession of the premises, then the sheriff shall leave with a person of
the age of 13
years or upwards occupying the premises, a copy of the order, or
if no one is present in the premises to accept the order or refuses
to accept
the order, then by posting a copy of the order on the
premises. In
addition to leaving a copy of the order or posting of the
order, the
sheriff shall also
leave or post a notice addressed to "unknown occupants" that states unless any
unknown
occupants file a written petition with the clerk that sets forth the unknown
occupant's
legal claim for possession within 7 days of the date the notice is posted or
left with any
unknown occupant, the unknown occupants shall be evicted from the premises. If
any
unknown occupants file such a petition, a hearing on the merits of the unknown
occupant's
petition shall be held by the court within 7 days of the filing of the petition
with the clerk.
The unknown occupants shall have the burden of proof in establishing a legal
right to
continued possession.
(c) The plaintiff may obtain an eviction order only and not for rent
as
to any
unknown occupants.
(d) Nothing in this Section may be construed so as to vest any rights to
persons
who are criminal trespassers, nor may this Section be construed in any way
that interferes
with the ability of law enforcement officials removing persons or property from
the
premises when there is a criminal trespass.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-107.10) Sec. 9-107.10. Military personnel in military service; eviction action. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States.
(b) In a residential eviction action, including eviction of a tenant who is a resident of a mobile home park, who is a service member that has entered military service, or of any member of the tenant's family who resides with the tenant, if the tenant entered into the rental agreement on or after the effective date of this amendatory Act of the 94th General Assembly, the court may, on its own motion, and shall, upon motion made by or on behalf of the tenant, do either of the following if the tenant's ability to pay the agreed rent is materially affected by the tenant's military service: (1) Stay the proceedings for a period of 90 days, | ||
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(2) Adjust the obligation under the rental agreement | ||
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(c) In order to be eligible for the benefits granted to service members under this Section, a service member or a member of the service member's family who resides with the service member must provide the landlord or mobile home park operator with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the period of service.
(d) If a stay is granted under this Section, the court may grant the landlord or mobile home park operator such relief as equity may require.
(e) A violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act.
All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund. (Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/9-108) (from Ch. 110, par. 9-108)
Sec. 9-108.
Jury trial.
In any case relating to premises used for residence
purposes, either party may demand trial by jury, notwithstanding any
waiver of jury trial contained in any lease or contract.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-109) (from Ch. 110, par. 9-109)
Sec. 9-109.
Trial ex parte.
If the defendant does not appear, having been duly
summoned as herein provided the trial may proceed ex parte, and may be
tried by the court, without a jury.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-109.5)
Sec. 9-109.5. Standard of proof. After a trial, if the court finds, by a
preponderance of the evidence,
that the allegations in the complaint have been proven, the court
shall enter an eviction order in favor of the
plaintiff.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-109.6) Sec. 9-109.6. Residential eviction order; form. A standardized residential eviction order form, as determined by the Supreme Court, shall be used statewide.
(Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/9-109.7)
Sec. 9-109.7. Stay of enforcement; drug related action. An eviction order entered in an action brought by a lessor or lessor's
assignee, if the action was brought
as a result of a lessor or lessor's assignee declaring a lease void
pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act,
may not be stayed for any period in excess of 7 days by the court.
Thereafter the plaintiff shall be entitled to re-enter the premises
immediately. The sheriff or other lawfully deputized officers shall execute an
order entered pursuant to this Section
within 7 days of its entry, or within 7 days of the expiration of
a stay of judgment, if one is entered.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-110) (from Ch. 110, par. 9-110)
Sec. 9-110.
Judgment for whole premises - Stay of enforcement.
If
it appears on the trial that the plaintiff is entitled
to the possession of the whole of the premises claimed, judgment for the
possession thereof and for costs shall be entered in favor of the plaintiff.
However, if the action is brought under Article IX of this Code and is
based upon a breach of a contract entered into
on or after July 1, 1962 for the purchase of such premises, the court,
by order, may stay the enforcement of the judgment for a period
not to exceed 60 days from the date of the judgment, or if the court
finds that the amount unpaid on the contract is less than 75% of the
original purchase price, then the court shall stay the enforcement of the
judgment for a period of 180 days from the date of the judgment. The court
may order a stay of less than 180 days (but in no event less than 60
days) if it is shown that the plaintiff, prior to the filing of the action
under Article IX of this Act, granted the defendant previous extensions of
time to pay the amounts due under the contract, or for other good cause
shown. If during such period of stay the defendant pays the entire amount
then due and payable under the terms of the contract other than such
portion of the principal balance due under the contract as would not be
due had no default occurred and costs and, if the contract provides
therefor, reasonable attorney's fees as fixed by the court, and cures
all other defaults then existing, the contract shall remain in force the
same as if no default had occurred. The relief granted to a defendant
by this Section shall not be exhausted by a single use thereof but shall
not be again available with respect to the same contract for a period of
5 years from the date of such judgment. Whenever defendant cures the
default under the contract pursuant to this Section, the defendant may within
the period of stay file a motion to vacate the judgment in the court in
which the judgment was entered, and, if the court, upon the hearing of
such motion, is satisfied that such default has been cured, such
judgment shall be vacated. Unless defendant files such motion to vacate
in the court or the judgment is otherwise stayed, enforcement of the judgment
may proceed
immediately upon the expiration of such period of stay and all rights of the
defendant in and to the premises and in and to the real estate described
in the contract are terminated.
Nothing herein contained shall be construed as affecting the right of
a seller of such premises to any lawful remedy or relief other than that
provided by Part 1 of Article IX of this Act.
(Source: P.A. 85-907.)
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(735 ILCS 5/9-111) (from Ch. 110, par. 9-111)
Sec. 9-111. Condominium property.
(a) As to property subject to the
provisions of the "Condominium Property Act", approved June 20, 1963, as
amended, when the action is based upon the failure of an owner of a unit
therein to pay when due his or her proportionate share of the common
expenses of the property, or of any other expenses lawfully agreed upon or
the amount of any unpaid fine, and if the court finds that the expenses or
fines are due to the plaintiff, the plaintiff shall be entitled to the
possession of the whole of the premises claimed, and the court shall enter an eviction order in favor of
the plaintiff and judgment for the
amount found due by the court including interest and late charges, if any,
together with reasonable attorney's fees, if any, and for the plaintiff's
costs. The awarding of reasonable attorney's fees shall be pursuant to the
standards set forth in subsection (b) of this Section 9-111. The court
shall, by order, stay the enforcement of the eviction order for
a period of not less than 60 days from the date of the judgment and may
stay the enforcement of the order for a period not to exceed 180 days
from such date. Any judgment for money or any rent assignment under
subsection (b) of Section 9-104.2 is not subject to this stay. The eviction order is not subject to an exemption of homestead under Part 9 of
Article XII of this Code. If at any
time, either during or after the period of stay, the
defendant pays such expenses found due by the court, and costs, and reasonable
attorney's fees as fixed by the court, and the defendant is
not in arrears on his or her share of the common expenses for the period
subsequent to that covered by the order, the defendant may file a motion to
vacate the order in the court in which the order was entered, and, if the
court, upon the hearing of such motion, is satisfied that the default in
payment of the proportionate share of expenses has been cured, and if the court
finds that the premises are not presently let by the board of managers as
provided in Section 9-111.1 of this Act, the order shall be vacated. If the
premises are being let by the board of managers as provided in Section 9-111.1
of this Act, when any order is sought to be vacated, the court shall vacate
the order effective concurrent with the expiration of the lease term. Unless
defendant files such motion to vacate in the court or the order is otherwise
stayed, enforcement of the order may proceed immediately upon the expiration
of the period of stay and all rights of the defendant to possession of his or
her unit shall cease and determine until the date that the order may
thereafter be vacated in accordance with the foregoing provisions, and
notwithstanding payment of the amount of any money judgment if the unit owner
or occupant is in
arrears for the period after the date of entry of the order as provided in
this Section. Nothing
herein contained shall be construed as affecting the right of the board of
managers, or its agents, to any lawful remedy or relief other than that
provided by Part 1 of this Article.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(b) For purposes of determining reasonable attorney's fees under
subsection (a), the court shall consider:
(i) the time expended by the attorney;
(ii) the reasonableness of the hourly rate for the | ||
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(iii) the reasonableness of the amount of time | ||
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(iv) the amount in controversy and the nature of the | ||
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(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-111.1)
Sec. 9-111.1. Lease to bona fide tenant. Upon the entry of an eviction order
in favor of a board of managers
under the Condominium Property Act, as provided in
Section 9-111 of this Act, and upon delivery of possession of
the premises by the
sheriff or other authorized official to the board of managers pursuant to
execution upon the order, the board of managers shall have the right and
authority, incidental to the right of possession of a unit under the order,
but not the obligation, to lease the unit to a bona fide tenant (whether the
tenant is in occupancy or not) pursuant to a written lease for a term which may commence at any time within 8 months after the month in which the date of expiration of the stay of the order occurs. The term may not
exceed 13 months from the date of commencement of the lease. The court may, upon motion of the board of managers and with notice to the evicted unit owner, permit or extend a lease for one or more additional terms not to exceed 13 months per term. The
board of managers shall first apply all rental income to assessments and other
charges sued upon in the eviction action plus statutory interest on a
monetary judgment, if any, attorneys' fees, and court costs incurred; and then
to other expenses lawfully agreed upon (including late charges), any fines and
reasonable expenses necessary to make the unit rentable, and lastly to
assessments accrued thereafter until assessments are current. Any surplus
shall be remitted to the unit owner. The court shall retain jurisdiction to
determine the reasonableness of the expense of making the unit rentable.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-112) (from Ch. 110, par. 9-112)
Sec. 9-112.
Judgment for part of premises.
If it shall appear that
the plaintiff is entitled to the
possession of only a part of the premises claimed, the judgment shall be
entered for that part only and for costs, and for the residue
defendant shall be dismissed.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-113) (from Ch. 110, par. 9-113)
Sec. 9-113.
Joinder of several tenants.
Whenever there is one lease
for the whole of
certain premises, and the actual possession thereof, at the time of the
filing of the action, is
divided in severalty among persons with, or other
than the lessee, in one or more portions or parcels, separately or
severally held or occupied, all or so many of such persons, with the
lessee, as the plaintiff may elect, may be joined as defendants in one
action, and the recovery against them, with costs, shall be several,
according as their actual holdings are judicially determined.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-114) (from Ch. 110, par. 9-114)
Sec. 9-114.
Judgment against plaintiff.
If the plaintiff voluntarily
dismisses the action, or fails
to prove the plaintiff's right to the possession, judgment for costs shall
be entered in favor of the defendant.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-115) (from Ch. 110, par. 9-115)
Sec. 9-115.
Dismissal as to part.
The plaintiff may at any time dismiss
his or her action as to any one
or more of the defendants, and the jury or court may find any one or
more of the defendants liable, and the others not liable, and the court
shall thereupon enter judgment according to such finding.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-116) (from Ch. 110, par. 9-116)
Sec. 9-116.
Pending appeal.
If the plaintiff appeals, then, during
and notwithstanding
the pendency of such appeal, the plaintiff is entitled to enforce, or
accept from the defendant or from any person claiming under him or her,
performance of all obligations imposed upon such defendant by the terms
of any lease, contract, covenant or agreement under which the defendant
claims the right to possession, or by law, as if such appeal has not
been taken, without thereby affecting the appeal or the judgment
appealed from, and without thereby creating or reinstating any tenancy
or other relationship of the parties. However, if the
result of the prosecution of such appeal and entry of final judgment is
that the defendant was obligated to the plaintiff during the pendency
thereof in a different form, manner or amount than that in which any
payment or payments made under the provision of this Section was or were
enforced or accepted, or in a different form, manner or amount than that
adjudged in any judgment entered by any court in any other proceedings
instituted by virtue of the provisions of this Section during the
pendency of the appeal, such payment or payments shall be deemed to
have been made to apply in the form, manner and amount resulting or
arising from the prosecution of such appeal, on account of the
defendant's obligation.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
Sec. 9-117. Expiration of order. No eviction order
obtained in an action brought under this Article may be enforced more than 120
days after the order is entered, unless upon motion by the plaintiff
the court grants an extension of the period of enforcement of the order.
Plaintiff's notice of motion shall contain the following notice directed
to the defendant:
"The plaintiff in this case, (insert name), obtained | ||
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The court shall grant the motion for the extension of the eviction order unless the defendant establishes that the tenancy has been
reinstated, that the breach upon which the order was issued has
been cured or waived, that the plaintiff and defendant entered into a
post-judgment agreement whose terms the defendant has performed, or that
other legal or equitable grounds exist that bar enforcement of the order.
This Section does not apply to any action based upon a breach of a contract
entered into on or after July 1, 1962, for the purchase of premises in
which the court has entered a stay under Section 9-110; nor shall this
Section apply to any action to which the provisions of Section 9-111 apply;
nor shall this Section affect the rights of Boards of Managers under
Section 9-104.2.
(Source: P.A. 99-753, eff. 1-1-17; 100-173, eff. 1-1-18.)
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(735 ILCS 5/9-118) (from Ch. 110, par. 9-118)
Sec. 9-118. Emergency housing eviction proceedings.
(a) As used in this Section:
"Cannabis" has the meaning ascribed to that term in the Cannabis Control Act.
"Narcotics" and "controlled substance" have the meanings ascribed to those
terms in the Illinois Controlled Substances Act.
(b) This Section applies only if all of the following conditions are
met:
(1) The complaint seeks possession of premises that | ||
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(2) The verified complaint alleges that there is | ||
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(A) unlawful possessing, serving, storing, | ||
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(B) the possession, use, sale, or delivery of a | ||
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(C) murder, attempted murder, kidnapping, | ||
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(3) Notice by verified complaint setting forth the | ||
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(b-5) In all actions brought under this Section 9-118, no predicate notice
of termination or demand for possession shall be required to initiate an
eviction action.
(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
If a plaintiff which is a public housing authority accepts
rent from the defendant after an action is initiated under this
Section, the acceptance of rent shall not be a cause for dismissal of the
complaint.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. After a
trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(d-5) If cannabis, methamphetamine, narcotics, or controlled substances are found or used
anywhere in the premises, there is a rebuttable presumption either (1) that the
cannabis, methamphetamine,
narcotics, or controlled substances were used or possessed by a tenant
or occupant or (2) that a tenant or occupant permitted the premises to be used
for
that use or possession, and knew or should have reasonably known that the
substance was used or possessed.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession orders.
(f) This Section shall not be construed to prohibit the use or possession
of cannabis, methamphetamine, narcotics, or a controlled substance that has been legally
obtained in accordance with a valid prescription for the personal use of a
lawful occupant of a dwelling unit.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-119)
Sec. 9-119. Emergency subsidized housing eviction proceedings.
(a) As used in this Section:
"FmHA" means the Farmers Home Administration or a local housing
authority administering an FmHA program.
"HUD" means the United States Department of Housing and Urban
Development, or the Federal Housing Administration or a local housing authority
administering a HUD program.
"Section 8 contract" means a contract with HUD or FmHA which provides rent
subsidies entered into pursuant to Section 8 of the United States Housing Act
of 1937 or the Section 8 Existing Housing Program (24 C.F.R. Part 882).
"Subsidized housing" means:
(1) any housing or unit of housing subject to a | ||
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(2) any housing or unit of housing owned, operated, | ||
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(3) any housing or unit of housing financed by a loan | ||
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(i) insured or held by HUD under Section | ||
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(ii) insured or held by HUD and bears interest at | ||
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(iii) insured, assisted, or held by HUD under | ||
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(iv) insured or held by HUD under Section 514 or | ||
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(v) insured or held by HUD under the United | ||
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(vi) held by HUD and formerly insured under a | ||
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(b) This Section applies only if all of the following conditions are
met:
(1) The verified complaint seeks possession of | ||
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(2) The verified complaint alleges that there is | ||
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(A) on 2 separate occasions within a 30 day | ||
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(B) the landlord then sends written notice to the | ||
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(C) the tenant subsequently fails to allow the | ||
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(D) the tenant's written lease states that the | ||
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(3) Notice, by verified complaint setting forth the | ||
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(c) When a complaint has been filed under this Section, a hearing on the
complaint shall be scheduled on any day after the expiration of 14 days
following the filing of the complaint. The summons shall advise the defendant
that a hearing on the complaint shall be held at the specified date and time,
and that the defendant should be prepared to present any evidence on his or her
behalf at that time.
(d) If the defendant does not appear at the hearing, an eviction order in favor of the plaintiff shall be entered by
default. If the defendant appears, a trial shall be held immediately as is
prescribed in other eviction proceedings. The matter shall not be
continued beyond 7 days from the date set for the first hearing on the
complaint except by agreement of both the plaintiff and the defendant. After a
trial, if the court finds, by a preponderance of the evidence, that the
allegations in the complaint have been proven, the court shall enter an eviction order in favor of the plaintiff and the court shall
order that the plaintiff shall be entitled to re-enter the premises
immediately.
(e) An eviction order entered under this Section may not be
stayed for any period in excess of 7 days by the court. Thereafter the
plaintiff shall be entitled to re-enter the premises immediately. The sheriff
or other lawfully deputized officers shall give priority to service and
execution of orders entered under this Section over other possession
orders.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-120) Sec. 9-120. Leased premises used in furtherance of a criminal offense;
lease void at option of lessor or assignee. (a) If any lessee or occupant, on one or more occasions, uses or permits the
use of leased premises for the commission of any act that would constitute a
felony or a Class A misdemeanor under the laws of this State, the lease or
rental agreement shall, at the option of the lessor or
the lessor's
assignee become void, and the owner or lessor shall be entitled to recover
possession of the leased premises as against a tenant holding over after the
expiration of his or her term. A written lease shall notify the lessee that if any lessee or occupant, on one or more occasions, uses or permits the use of the leased premises for the commission of a felony or Class A misdemeanor under the laws of this State, the lessor shall have the right to void the lease and recover the leased premises. Failure to include this language in a written lease or the use of an oral lease shall not waive or impair the rights of the lessor or lessor's assignee under this Section or the lease. This Section shall not be construed so as to diminish the rights of a lessor, if any, to terminate a lease for other reasons permitted under law or pursuant to the lease agreement. (b) The owner or lessor may bring an eviction action, or,
if
the State's Attorney of the county in which the real property is
located or the corporation counsel of the municipality in which the real property is located agrees, assign to that State's Attorney or corporation counsel the right to bring an eviction action on behalf of
the owner or lessor, against the lessee and all occupants of the leased
premises. The assignment must be in writing on a form prepared by the State's
Attorney of the county in which the real property is located or the corporation counsel of the municipality in which the real property is located, as applicable. If the owner or
lessor assigns the right to bring an eviction action, the
assignment shall be limited to those rights and duties up to and including
delivery of the order of eviction to the sheriff for execution. The owner or
lessor shall remain liable for the cost of the eviction whether or not the
right to bring the eviction action has been assigned. (c) A person does not forfeit any part of his or her security deposit due
solely to an eviction under the provisions of this Section, except that a
security deposit may be used to pay fees charged by the sheriff for carrying
out an eviction. (d) If a lessor or the lessor's assignee voids a lease or contract under the
provisions of this Section and the tenant or occupant has not vacated the
premises within 5 days after receipt of a written notice to vacate the
premises, the lessor or lessor's assignee may seek relief under this Article
IX. Notwithstanding Sections 9-112, 9-113, and 9-114
of this Code, judgment for costs against a plaintiff seeking
possession of the premises under this Section shall not be awarded to the
defendant unless the action was brought by the plaintiff in bad faith. An
action to possess premises under this Section shall not be deemed to be in bad
faith when the plaintiff based his or her cause of action on information
provided to him or her by a law enforcement agency, the State's Attorney, or the municipality. (e) After a trial, if the court finds, by a
preponderance of the evidence,
that the allegations in the complaint have been proven, the court
shall enter an eviction order in favor of the plaintiff
and the court shall order that the plaintiff shall be entitled to re-enter the
premises immediately. (f) An eviction order entered in an action brought by a lessor or lessor's
assignee, if the action was brought
as a result of a lessor or lessor's assignee declaring a lease void
pursuant to this Section,
may not be stayed for any period in excess of 7 days by the court unless all
parties agree to a longer period.
Thereafter the plaintiff shall be entitled to re-enter the premises
immediately. The sheriff or other lawfully deputized officers shall execute an
order entered pursuant to this Section
within 7 days of its entry, or within 7 days of the expiration of
a stay of judgment, if one is entered. (g) Nothing in this Section shall limit the rights of an owner or lessor
to bring an eviction action on the basis of other applicable
law.(Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/9-121) Sec. 9-121. Sealing of court file. (a) Definition. As used in this Section, "court file"
means the court file created when an eviction
action is filed with the court. (b) Discretionary sealing of court file. The court may
order that a court file in an eviction action
be placed under seal if the court finds that the plaintiff's
action is sufficiently without a basis in fact or law, which
may include a lack of jurisdiction, that placing the court file
under seal is clearly in the interests of justice, and that
those interests are not outweighed by the public's interest in
knowing about the record. (c) Mandatory sealing of court file. The court file relating to an eviction action brought against a tenant under Section 9-207.5 of this Code or as set forth in subdivision (h)(6) of Section 15-1701 of this Code shall be placed under seal. (d) This Section is operative on and after August 1, 2022.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/9-121.5) Sec. 9-121.5. (Repealed).
(Source: P.A. 102-5, eff. 5-17-21. Repealed internally, eff. 8-1-22.) |
(735 ILCS 5/9-122) Sec. 9-122. COVID-19 emergency sealing of court file. (a) As used in this Section, "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19, and ending on March 31, 2022. (b) The court file shall be sealed upon the commencement of any residential eviction action during the COVID-19 emergency and economic recovery period. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this Act and is not sealed, the court shall order the sealing of the court file. In accordance with Section 9-121.5, no sealed court file, sealed under this Section, shall be disseminated. (c) If the court enters a judgment in favor of the landlord, the court may also enter an order to unseal the court file under this Section. A court shall order the court file to be unsealed if: (1) the action is not based in whole or in part on | ||
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(2) The requirements of subsection (b) or (c) of | ||
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(d) Subsections (d) through (h) of Section 9-121.5 shall also be applicable and incorporated into this Section.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/Art. IX Pt. 2 heading) Part 2.
Recovery of Rent;
Termination of Certain Tenancies
|
(735 ILCS 5/9-201) (from Ch. 110, par. 9-201)
Sec. 9-201.
Recovery of rent.
The owner of lands, his or her executors or
administrators, may sue for and recover rent therefor, or a fair and
reasonable satisfaction for the use and occupation thereof, by a civil
action in any of the following instances:
1. When rent is due and in arrears on a lease
for life or lives.
2. When lands are held and occupied by any person without any
special agreement for rent.
3. When possession is obtained under an agreement, written or
verbal, for the purchase of the premises, and before a deed is
given the right to possession is terminated by forfeiture or
non-compliance with the agreement, and possession is wrongfully refused
or neglected to be given upon demand, made in writing, by the party
entitled thereto. All payments made
by the vendee, or his or her
representatives or assigns, may be set off against such rent.
4. When land has been sold upon a judgment of court, when the
party to such judgment or person holding under him or her, wrongfully refuses
or neglects to surrender possession of the same, after demand, in
writing, by the person entitled to the possession.
5. When the lands have been sold upon a mortgage or trust deed,
and the mortgagor or grantor, or person holding under him or her, wrongfully
refuses or neglects to surrender possession of the same, after demand,
in writing, by the person entitled to the possession.
(Source: P.A. 83-707.)
|
(735 ILCS 5/9-202) (from Ch. 110, par. 9-202)
Sec. 9-202.
Wilfully holding over.
If any tenant or any person who is in or comes into
possession of any lands, tenements or hereditaments, by, from or under,
or by collusion with the tenant, wilfully holds over any lands,
tenements or hereditaments, after the expiration of his or her term or terms,
and after demand made in writing, for the possession thereof, by his or her
landlord, or the person to whom the remainder or reversion of such
lands, tenements or hereditaments belongs, the person so holding over,
shall, for the time the landlord or rightful owner is so kept out of
possession, pay to the person so kept out of possession, or his or her legal
representatives, at the rate of double the yearly value of the lands,
tenements or hereditaments so detained to be recovered by a civil
action.
(Source: P.A. 83-707.)
|
(735 ILCS 5/9-203) (from Ch. 110, par. 9-203)
Sec. 9-203.
Holding over after notice.
If any tenant gives notice of his
or her intention to quit the
premises which are held by him or her, at a time mentioned in such
notice, at which time the
tenant would have a right to quit by the lease, and does not
accordingly deliver up possession thereof, such tenant shall pay to the
landlord or lessor double the rent or sum which would otherwise be
due, to be collected in the same manner as the rent otherwise due
should have been collected.
(Source: P.A. 82-783.)
|
(735 ILCS 5/9-204) (from Ch. 110, par. 9-204)
Sec. 9-204.
Rent in arrears - Re-entry.
In all cases between landlord
and tenant, where one-half
year's rent is in arrears and unpaid, and the landlord or lessor to whom
such rent is due has the right by law to re-enter for non-payment
thereof, such landlord or lessor may, without any formal demand or
re-entry, commence an action of ejectment for the recovery of the
demised premises. In case judgment is entered in favor of the plaintiff in the
action of ejectment before
the rent in arrearage and costs of the action are paid, then the lease of
the lands shall cease and be determined, unless the lessee shall by
appeal reverse the judgment, or by petition filed within 6 months after the entry
of such judgment, obtain relief from the same. However, any
tenant may, at any time before final judgment on the ejectment, pay or
tender to the landlord or lessor of the premises the amount of rent in
arrears and costs of the action, whereupon the action of
ejectment shall be dismissed.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-205) (from Ch. 110, par. 9-205)
Sec. 9-205. Notice to terminate tenancy from year to year. Except as
provided in Section 9-206 and Section 9-207.5 of this Act, in all cases of tenancy
from year to year, 60 days' notice, in writing, shall be sufficient to
terminate the tenancy at the end of the year. The notice may be given at
any time within 4 months preceding the last 60 days of the year.
(Source: P.A. 98-514, eff. 11-19-13.)
|
(735 ILCS 5/9-206) (from Ch. 110, par. 9-206)
Sec. 9-206. Notice to terminate tenancy of farm land. Subject to the provisions of Section 16 of the Landlord and Tenant Act, in order to terminate
tenancies from year to year of farm
lands, occupied on a crop share, livestock share, cash rent or other
rental basis, the notice to quit shall be given in writing not less than
4 months prior to the end of the year of letting. Such notice may not be
waived in a verbal lease. The notice to quit may be substantially in the
following form:
To A.B.: You are hereby notified that I have elected to terminate
your lease of the farm premises now occupied by you, being (here
describe the premises) and you are hereby further notified to quit and
deliver up possession of the same to me at the end of the lease year,
the last day of such year being (here insert the last day of the lease
year).
(Source: P.A. 97-913, eff. 1-1-13.)
|
(735 ILCS 5/9-206.1)
Sec. 9-206.1.
Life tenancy termination; farmland leases.
(a) Tenancies from year to year of farmland occupied on a crop share,
livestock share, cash rent, or other rental basis in which the lessor is the
life tenant or the representative of the life tenant shall continue until the
end of the current lease year in which the life tenant's interest terminates
unless otherwise provided in writing by the lessor and the lessee.
(b) Whenever the life tenancy of the lessor terminates not more than 6
months before the end of the tenancy of the lessee but before the
beginning of the next crop year, the lessee of the farmlands is entitled to
reasonable costs incurred in field preparation for the next crop year, payable
by the succeeding life tenant or remainderman.
As used in this Section "farmland" means any property used primarily for the
growing and harvesting of crops; the feeding, breeding and
management of livestock; dairying, or any other agricultural or
horticultural use or combination thereof, including, but not limited to,
hay, grain, fruit, truck or vegetable crops, floriculture, mushroom
growing, plant or tree nurseries, orchards, forestry, sod farming and
greenhouses; the keeping, raising and feeding of livestock or poultry,
including poultry, swine, sheep, beef cattle, ponies or horses; dairy farming;
fur farming; beekeeping; or fish or wildlife farming.
(Source: P.A. 89-549, eff. 1-1-97.)
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(735 ILCS 5/9-207) (from Ch. 110, par. 9-207)
Sec. 9-207. Notice to terminate tenancy for less than a year. (a) Except as provided in Section 9-207.5 of this Code, in all
cases of tenancy from week to week, where the tenant
holds over without special agreement, the landlord may terminate the
tenancy by 7 days' notice, in writing, and may maintain an action
for eviction or ejectment.
(b) Except as provided in Section 9-207.5 of this Code, in all cases of tenancy for any term less than one year, other than
tenancy from week to week, where the tenant holds over without special
agreement, the landlord may terminate the tenancy by 30 days'
notice, in writing, and may maintain an action for eviction or ejectment.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-207.5) Sec. 9-207.5. Termination of bona fide leases in residential real estate in foreclosure. (a) A mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale under Section 15-1507 of this Code, who assumes control of the residential real estate in foreclosure, as defined in Section 15-1225 of this Code, may terminate a bona fide lease, as defined in Section 15-1224 of this Code, only: (i) at the end of the term of the bona fide lease, by no less than 90 days' written notice or (ii) in the case of a bona fide lease that is for a month-to-month or week-to-week term, by no less than 90 days' written notice. (b) Notwithstanding the provisions of subsection (a) of this Section, an individual who assumes control of residential real estate in foreclosure pursuant to a judicial sale and who will occupy a dwelling unit of the residential real estate in foreclosure as his or her primary residence may terminate the bona fide lease for the dwelling unit subject to the 90-day notice requirement of subsection (a) of this Section. (c) Nothing in this Section or Section 15-1224 of this Code shall abrogate the rights of a mortgagee, receiver, holder of the certificate of sale, holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at a judicial sale, who assumes control of the residential real estate in foreclosure to terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure under Section 9-118, 9-119, 9-120, 9-201, 9-202, 9-203, 9-204, 9-209, or 9-210 of this Code.
(Source: P.A. 98-514, eff. 11-19-13.) |
(735 ILCS 5/9-208) (from Ch. 110, par. 9-208)
Sec. 9-208. Further demand. Where a tenancy is terminated by notice, under
either of the
2 preceding sections, no further demand is necessary before
bringing an action under the statute in relation to eviction or
ejectment.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-209) (from Ch. 110, par. 9-209)
Sec. 9-209. Demand for rent - eviction action. A landlord or his
or her agent may, any time after rent is due,
demand payment thereof and notify the tenant, in writing, that unless
payment is made within a time mentioned in such notice, not less than
5 days after service thereof, the lease will be terminated. If the tenant does not pay the rent due within the time stated in the notice under this Section, the landlord may consider the lease ended and commence an eviction or ejectment action without further notice or demand. A
claim for rent may be joined in the complaint, including a request for the pro rata amount of rent due for any period that a judgment is stayed, and a judgment obtained for
the amount of rent found due, in any action or proceeding brought, in an eviction
action under this Section.
Notice made pursuant to this Section shall, as hereinafter stated, not
be invalidated by payments of past due rent demanded in the notice, when
the payments do not, at the end of the notice period, total the amount demanded
in the notice. The landlord may, however, agree in writing to continue
the lease in exchange for receiving partial payment. To prevent invalidation,
the notice must prominently state:
"Only FULL PAYMENT of the rent demanded in this notice will waive the landlord's
right to terminate the lease under this notice, unless the landlord agrees
in writing to continue the lease in exchange for receiving partial payment."
Collection by the landlord
of past rent due after the filing of a suit for eviction or ejectment
pursuant to failure of the tenant to pay the rent demanded in the notice
shall not invalidate the suit.
(Source: P.A. 100-173, eff. 1-1-18.)
|
(735 ILCS 5/9-210) (from Ch. 110, par. 9-210)
Sec. 9-210.
Notice to quit.
When default is made in any of the terms
of a lease, it is
not necessary to give more than 10 days' notice to quit, or of the
termination of such tenancy, and the same may be terminated on giving
such notice to quit at any time after such default in any of the terms
of such lease. Such notice may be substantially in the following form:
"To A.B.: You are hereby notified that in consequence of your default
in (here insert the character of the default) of the premises now
occupied by you, being, etc., (here describe the premises) I have
elected to terminate your lease, and you are hereby notified to quit and
deliver up possession of the same to me within 10 days of this date
(dated, etc.)."
The notice is to be signed by the lessor or his or her agent, and no other notice or
demand of possession or termination of such tenancy is necessary.
(Source: P.A. 82-280.)
|
(735 ILCS 5/9-211) (from Ch. 110, par. 9-211)
Sec. 9-211.
Service of demand or notice.
Any demand may be made or notice
served by delivering a
written or printed, or partly written and printed, copy thereof to the
tenant, or by leaving the same with some person of the age
of 13
years or upwards, residing on or in possession of the premises; or by sending a
copy of the notice to the tenant by certified or registered mail, with
a returned receipt from the addressee; and in case no one is in the
actual possession of the premises, then by posting the same on the
premises.
(Source: P.A. 83-355.)
|
(735 ILCS 5/9-212) (from Ch. 110, par. 9-212)
Sec. 9-212.
Evidence of service.
When such demand is made or notice
served by an officer
authorized to serve process, the officer's return is prima facie evidence of
the facts therein stated, and if such demand is made or notice served by
any person not an officer, the return may be sworn to by the person
serving the same, and is then prima facie evidence of the facts
therein stated.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-213) (from Ch. 110, par. 9-213)
Sec. 9-213.
Expiration of term.
When the tenancy is for a certain period,
and the term
expires by the terms of the lease, the tenant is then bound to surrender
possession, and no notice to quit or demand of possession is necessary.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-213.1) (from Ch. 110, par. 9-213.1)
Sec. 9-213.1.
Duty of landlord to mitigate damages.
After January
1, 1984, a
landlord or his or her agent shall take reasonable measures to mitigate the damages
recoverable against a defaulting lessee.
(Source: P.A. 84-1043.)
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(735 ILCS 5/9-214) (from Ch. 110, par. 9-214)
Sec. 9-214.
Lease defined.
The term "lease," as used in Part 2 of
Article IX of this Act, includes every
letting, whether by verbal or written agreement.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-215) (from Ch. 110, par. 9-215)
Sec. 9-215.
Remedies available to grantee.
The grantees of any leased
lands, tenements, rents or other
hereditaments, or of the reversion thereof, the assignees of the lessor
of any lease, and the heirs, legatees and personal representatives of the lessor,
grantee or assignee, shall have the same remedies by action or
otherwise, for the non-performance of any agreement in the lease, or for
the recovery of any rent, or for the doing of any waste or other cause
of forfeiture, as their grantor or lessor might have had if such
reversion had remained in such lessor or grantor.
(Source: P.A. 83-707.)
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(735 ILCS 5/9-216) (from Ch. 110, par. 9-216)
Sec. 9-216.
Remedies available to lessee.
The lessees of any lands,
their assigns or personal
representatives, shall have the same remedy, by action or otherwise,
against the lessor, his or her grantees, assignees or his, her or their
representatives, for the breach of any agreement in such lease, as such
lessee might have had against his or her immediate lessor. This
section shall have no application to the covenants against incumbrances,
or relating to the title or possession of the premises demised.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-217) (from Ch. 110, par. 9-217)
Sec. 9-217.
Rent recoverable by representative, from subtenant.
When
a tenant for life demises any lands and dies on or after the day when any
rent becomes due and payable, his or her executor or administrator may recover
from the subtenant the whole rent due, but if such tenant for life dies,
before the day when any rent is to become due, his or her executor or administrator
may recover the proportion of rent which accrued before his or her death,
and the remainder man shall recover for the residue.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-218) Sec. 9-218. Rent payments at business office.
(a) If the lessor, or agent of the lessor, of residential real property, containing 100 or more residential units in either a single building or a complex of buildings, maintains a business office on the premises of the building or complex that has regularly scheduled office hours, then the lessor, or agent of the lessor, must accept rent payments from a lessee of any of those residential units at that business office during the regularly scheduled office hours and the lessor may not impose any penalty, fee, or charge for making rent payments in this manner that are otherwise considered timely under the lease, but the landlord may refuse to accept payment by cash when rent payments are made in this manner. (b) This Section applies to each lease and other rental agreement in effect on the effective date of this amendatory Act of the 94th General Assembly unless there is specific language in that lease or other rental agreement that conflicts with the provisions of this Section. If any provision of a lease or other rental agreement entered into, extended, or renewed on or after the effective date of this amendatory Act of the 94th General Assembly conflicts with the provisions of this Section, then that provision of the lease or other rental agreement is void and unenforceable.
(Source: P.A. 94-2, eff. 5-31-05.) |
(735 ILCS 5/Art. IX Pt. 3 heading) Part 3.
Distress for Rent
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(735 ILCS 5/9-301) (from Ch. 110, par. 9-301)
Sec. 9-301.
Property subject to distraint.
In all cases of distress
for rent, the landlord, by himself or herself,
his or her agent or attorney, may seize for rent any personal property of his or her
tenant that may be found in the county where such tenant resides,
and in no case shall the property of any other person, although the same
may be found on the premises, be liable to seizure for rent due from
such tenant.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-302) (from Ch. 110, par. 9-302)
Sec. 9-302.
Filing of distress warrant with inventory.
The person making
such distress shall immediately file with
the clerk of the circuit court a copy of the distress warrant, together
with an inventory of the property levied upon.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-303) (from Ch. 110, par. 9-303)
Sec. 9-303.
Summons and return.
Upon the filing of such copy of distress warrant and
inventory, the clerk shall issue a summons against the party against
whom the distress warrant has been issued, returnable as summons in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-304) (from Ch. 110, par. 9-304)
Sec. 9-304.
Notice to non-residents.
When it appears, by affidavit filed
in the court where such
proceeding is pending, that the defendant is a nonresident or has
departed from this state, or on due inquiry cannot be found, or is
concealed within this state, and the affiant states the place of
residence of the defendant, if known, and if not known, that upon
diligent inquiry he or she has not been able to ascertain the same, notice may
be given as in attachment cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-305) (from Ch. 110, par. 9-305)
Sec. 9-305.
Proceedings - Pleading.
The action shall thereafter proceed
in the same manner as in
case of attachment before the court. It shall not be necessary for the
plaintiff in any case to file a complaint, but the distress warrant
shall stand as a complaint and shall be amendable, as complaints in other civil cases,
but no such amendment shall in any way affect any liabilities that
have accrued in the execution of such warrant.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-306) (from Ch. 110, par. 9-306)
Sec. 9-306.
Counterclaim - Defenses.
The defendant may file a counterclaim as in
other civil actions or other defense which would have been proper if the
action had been for the rent, and with like effect.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-307) (from Ch. 110, par. 9-307)
Sec. 9-307.
Judgment for plaintiff.
If the plaintiff recovers, judgment shall be
entered in favor of plaintiff, for the amount which the court finds to be
due the plaintiff.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-308) (from Ch. 110, par. 9-308)
Sec. 9-308.
Effect of judgment against defendant.
After the defendant is
served with process or appears in
the action, the judgment shall have the same force and effect as if served by
summons, and the judgment may be enforced, not only
against the property distrained, but also against the other property of
the defendant. But the property distrained, if the same has not been
replevied or released from seizure, shall be first sold.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-309) (from Ch. 110, par. 9-309)
Sec. 9-309.
Judgment by default.
When publication of notice, as provided
by law, but the defendant is not served with process and does not
appear, judgment by default may be entered, and the plaintiff may
recover the amount due him or her for rent at the time of issuing the distress
warrant, and enforcement may be had against the property
distrained, but no enforcement may be had against any other property of
the defendant.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-310) (from Ch. 110, par. 9-310)
Sec. 9-310.
Judgment in favor of defendant - Counterclaim.
If the judgment
is in favor of the defendant, the defendant shall
recover costs and judgment shall be entered for the return to the defendant
of the property distrained,
unless the same has been replevied or released from such distress.
If a counterclaim is interposed, and it is determined by the court that a balance is due
from the plaintiff to the defendant, judgment shall be entered in favor
of the defendant.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-311) (from Ch. 110, par. 9-311)
Sec. 9-311.
Bond for release of property.
When any distress warrant is
levied, the person whose
property is distrained, may release the same by entering into bond in
double the amount of the rent claimed, payable to the landlord, with
sufficient sureties, to be approved by the person making the levy, if
the bond is tendered before the filing of a copy of the warrant, as
provided in Part 3 of Article IX of this Act, or if after,
by the clerk of the court in which
the action is pending, conditioned to pay whatever judgment the landlord
may recover in the action, with costs of the action. If the bond is taken before
the filing of a copy of the distress warrant, such bond shall be filed
therewith, and if taken after the filing of a copy of the distress
warrant, it shall be filed in the office of the clerk of the court where
the action is pending.
(Source: P.A. 83-707.)
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(735 ILCS 5/9-312) (from Ch. 110, par. 9-312)
Sec. 9-312.
Perishable property.
If any property distrained is of a
perishable nature and in
danger of immediate waste or decay, and is not replevied or bonded, the
landlord or his or her agent or attorney may, upon giving notice to the
defendant or his or her attorney, or if
neither can be found, without any notice, apply to the court in which
the action is pending describing the property, and showing that it is so
in danger, and if the court is satisfied that the property is of a
perishable nature and in danger of immediate waste or decay, and if the
defendant or his or her attorney is not served with notice, or does not appear,
that neither the defendant nor the attorney can be found, the court may
enter an order to
the person having possession of the property, directing the sale thereof
upon such time and notice, terms and conditions as the court shall
deem for the best interests of the parties concerned. The money resulting
from such sale shall be deposited with the clerk of the court in which
the action is pending, there to abide the event of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-313) (from Ch. 110, par. 9-313)
Sec. 9-313.
Limitation.
The right of the landlord to distrain the personal goods of
the tenant, shall continue for the period of 6 months after the
expiration of the term for which the premises were demised or the
tenancy is terminated.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-314) (from Ch. 110, par. 9-314)
Sec. 9-314.
Distress for products and labor.
When the rent is payable
wholly or in part in specific
articles of property or products of the premises, or labor, the landlord
may distrain for the value of such articles, products or labor.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-315) (from Ch. 110, par. 9-315)
Sec. 9-315.
Exemption.
The same articles of personal property which are, by law,
exempt from the enforcement of a judgment thereon, except
the crops grown or growing upon the
demised premises, shall also be exempt from distress for rent.
(Source: P.A. 83-707.)
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(735 ILCS 5/9-316) (from Ch. 110, par. 9-316)
Sec. 9-316.
Lien upon crops.
Every landlord shall have a lien upon the crops
grown or
growing upon the demised premises for the rent thereof, whether the same
is payable wholly or in part in money or specific articles of property
or products of the premises, or labor, and also for the faithful
performance of the terms of the lease. Such lien shall continue for the
period of 6 months after the expiration of the term for which the
premises are demised, and may be enforced by distraint as
provided in Part 3 of Article IX of this Act.
A good faith purchaser shall, however, take such crops free of any landlord's
lien unless, within 6 months prior to the purchase, the landlord provides
written notice of his lien to the purchaser by registered or certified mail.
Such notice shall contain the names and addresses of the landlord and tenant,
and clearly identify the leased property.
A landlord may require that, prior to his tenant's selling any crops
grown on the demised premises, the tenant disclose the name of the person
to whom the tenant intends to sell those crops. Where such a requirement
has been imposed, the tenant shall not sell the crops to any person other
than a person who has been disclosed to the landlord as a potential buyer
of the crops.
A lien arising under this Section shall have priority over any agricultural
lien as defined in, and over any security interest arising under, provisions of
Article 9 of the Uniform Commercial Code.
(Source: P.A. 91-893, eff. 7-1-01; 92-819, eff. 8-21-02.)
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(735 ILCS 5/9-316.1) (from Ch. 110, par. 9-316.1)
Sec. 9-316.1.
Tenant's duty to disclose to landlord identity of vendee
of crops.
(a) Where, pursuant to Section 9-316, a landlord has required
that, before the tenant sells crops grown on the demised premises, the tenant
disclose to the landlord the persons to whom the tenant intends to sell
such crops, it is unlawful for the tenant to sell the crops to a person
other than a person so disclosed to the landlord.
(b) An individual who knowingly violates this Section is guilty
of a Class A misdemeanor.
(c) A corporation convicted of a violation of this Section
is guilty
of a business offense and shall be fined not less than $2000 nor more than
$10,000.
(d) In the event the tenant is a corporation or a partnership, any officer,
director, manager or managerial agent of the tenant who violates this Section
or causes the tenant to violate this Section is guilty of
a Class A misdemeanor.
(e) It is an affirmative defense to a prosecution for the violation of
this Section that the tenant has paid to the landlord the proceeds
from the sale of the crops within 10 days after such sale.
(Source: P.A. 84-1043.)
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(735 ILCS 5/9-317) (from Ch. 110, par. 9-317)
Sec. 9-317.
Landlord's right against sublessee.
In all cases when the
leased premises are sublet, or
the lease is assigned, the landlord shall have the same right to enforce
his or her lien against the sublessee or assignee, that the landlord has against the
tenant to whom the premises were leased.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-318) (from Ch. 110, par. 9-318)
Sec. 9-318.
Abandonment of premises.
When a tenant abandons or removes
from the premises or any
part thereof, the landlord or his or her agent or attorney may seize upon any
grain or other crops grown or growing upon the premises or part thereof
so abandoned, whether the rent is due or not. If such grain or other
crops or any part thereof is not fully grown or matured, the landlord or
his or her agent or attorney shall cause the same to be properly cultivated and
harvested or gathered, and may sell and dispose of the same, and apply
the proceeds, so far as may be necessary, to compensate for his or her
labor and expenses, and to pay the rent. The tenant may, at
any time before the sale of the property so seized, redeem the same by
tendering the rent due and the reasonable compensation and expenses of
the cultivation and harvesting or gathering the same, or the tenant may replevy
the property seized.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-319) (from Ch. 110, par. 9-319)
Sec. 9-319.
Removal of fixture.
Subject to the right of the landlord
to distrain for rent, a
tenant has the right to remove from the leased premises all
removable fixtures erected thereon by him or her during the term of the lease,
or of any renewal thereof, or of any successive leasing of the premises
while the tenant remains in possession in the character of a tenant.
(Source: P.A. 82-280.)
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(735 ILCS 5/9-320) (from Ch. 110, par. 9-320)
Sec. 9-320.
Notice by nonresident owner.
(a) An owner of residential
real property containing more than 4 living units, who does not reside or
maintain an office therein and does not employ a manager or agent who resides
or maintains an office therein, shall:
(1) post or cause to be posted on such residential real property adjacent
to the mailboxes or within the interior of such residential real property
in a location visible to all the residents, a notice of not less than 20
square inches in size bearing:
(i) the name, address and telephone number of the person responsible for
managing the building; and
(ii) the name, address and telephone number of the company or companies
insuring such residential real property against loss or damage by fire or
explosion or if the residential real property is not insured, that shall
be stated in the notice; and
(2) within 24 hours from the time such owner is notified that any company
or companies insuring such residential real property against loss or damage
by fire or explosion has cancelled such insurance, post or cause to be posted
in the manner provided in subparagraph (1) notice of such cancellation.
(b) In lieu of the requirement for posting the notices prescribed in
subsection (a) of this Section and the owner's managing
agent may include such notice in a written rental or lease agreement or
may give such notice by first class mail addressed to the lessee or renter.
(c) Failure to give any notice required by this Section is a petty offense
and shall subject the owner to pay a fine of not more than $100 per day of violation.
(Source: P.A. 83-707.)
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(735 ILCS 5/9-321) (from Ch. 110, par. 9-321)
Sec. 9-321.
Distress before rent due.
If any tenant shall, without the
consent of his or her
landlord, sell and remove, or permit to be removed, or be about to sell
and remove, or permit to be removed, from the demised premises, such
part or portion of the crops raised thereon, as shall endanger the lien
of the landlord upon such crops for the rent agreed to be paid, it is
lawful for the landlord to institute proceedings by distress
before the rent is due, as is now provided by law, in case of the
removal of the tenant from the demised premises; and thereafter the
proceedings shall be conducted in the same manner as is now provided by
law in ordinary cases of distress, where the rent is due and unpaid.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. X heading) ARTICLE X
HABEAS CORPUS
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(735 ILCS 5/10-101) (from Ch. 110, par. 10-101)
Sec. 10-101.
Action commenced by plaintiff.
In all proceedings commenced
under Article X of this Act, the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 82-280.)
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(735 ILCS 5/10-102) (from Ch. 110, par. 10-102)
Sec. 10-102.
Who may file.
Every person imprisoned or
otherwise restrained of his or her liberty, except as herein otherwise
provided, may apply for habeas corpus in the manner provided
in Article X of this Act, to obtain relief from such imprisonment or restraint, if it
prove to be unlawful.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-103) (from Ch. 110, par. 10-103)
Sec. 10-103. Application. Application for the relief shall be made to
the Supreme Court or to the
circuit court of the county in which the person in whose behalf the
application is made, is imprisoned or restrained, or to the circuit
court of the county from which such person was sentenced or committed.
Application shall be made by complaint signed by the person for whose
relief it is intended, or by some person in his or her behalf, and verified by
affidavit.
(Source: P.A. 103-51, eff. 1-1-24.)
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(735 ILCS 5/10-104) (from Ch. 110, par. 10-104)
Sec. 10-104.
Substance of complaint.
The complaint shall state in substance:
1. That the person in whose behalf the relief is applied for is
imprisoned or restrained of his or her liberty, and the place where - naming all
the parties if they are known, or describing them if they are not known.
2. The cause or pretense of the restraint, according to the best
knowledge and belief of the applicant, and that such person is not
committed or detained by virtue of any process, or judgment,
specified in Section 10-123 of this Act.
3. If the commitment or restraint is by virtue of any warrant or process,
a copy thereof shall be annexed, or it shall be stated
that by reason of such prisoner being removed or concealed before
application, a demand of such copy could not be made, or that such
demand was made, and the legal fees therefor tendered to the officer or
person having such prisoner in his or her custody, and that such copy was
refused.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-105) (from Ch. 110, par. 10-105)
Sec. 10-105.
Copy of process.
Any sheriff or other officer or person
having custody of any
prisoner committed on any civil or criminal process of any court who
shall neglect to give such prisoner a copy of the process or order of
commitment by which he or she is imprisoned within 6 hours after demand made
by the prisoner, or any one on behalf of the prisoner, shall forfeit to
the prisoner or party affected not exceeding $500. This Section shall
not apply to the Illinois Department of Corrections.
(Source: P.A. 85-907.)
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(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
Sec. 10-106. Grant of relief - Penalty. Unless it shall appear from the
complaint itself, or from the
documents thereto annexed, that the party can neither be discharged,
admitted to pretrial release nor otherwise relieved, the court shall
forthwith award relief by habeas corpus. Any judge empowered to grant relief
by habeas corpus who shall corruptly refuse to grant
the relief when legally applied for in a case where it may lawfully be granted, or
who shall for the purpose of oppression unreasonably delay the granting
of such relief shall, for every such offense, forfeit to the prisoner or
party affected a sum not exceeding $1,000.
(Source: P.A. 101-652, eff. 1-1-23.)
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(735 ILCS 5/10-107) (from Ch. 110, par. 10-107)
Sec. 10-107.
Form of orders.
If the relief is allowed by an order of a
court it shall be certified by the clerk under the seal of the court; if by a
judge, it shall be under the judge's signature, and shall be directed to the
person in whose custody or under whose restraint the prisoner is, and may be
substantially in the following form:
The People of the State of Illinois, to the Sheriff | ||
| ||
You are hereby commanded to have the body of C D, | ||
| ||
(Source: P.A. 83-707.)
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(735 ILCS 5/10-108) (from Ch. 110, par. 10-108)
Sec. 10-108.
Indorsement.
With the intent that no officer or person
to whom such order is
directed may pretend ignorance thereof, every such order shall be
indorsed with these words: "By the habeas corpus law."
(Source: P.A. 82-280.)
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(735 ILCS 5/10-109) (from Ch. 110, par. 10-109)
Sec. 10-109.
Subpoena-Service.
When the party has been committed upon
a criminal charge,
unless the court deems it unnecessary, a subpoena shall
also be issued to summon the witnesses whose names have been endorsed
upon the warrant of commitment, to appear before such court at
the time and place when and where such order of habeas corpus is returnable,
and it shall be the duty of the sheriff, or other officer to whom the
subpoena is issued, to serve the same, if it is possible, in time to
enable such witnesses to attend.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-110) (from Ch. 110, par. 10-110)
Sec. 10-110.
Service of order.
The habeas corpus order may be served by
the sheriff, coroner or
any person appointed for that purpose by the court which entered the order;
if served by a person not an officer, he or she shall
have the same power, and be liable to the same penalty for
non-performance of his or her duty, as though he or she were sheriff.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-111) (from Ch. 110, par. 10-111)
Sec. 10-111.
Manner of service.
Service shall be made by leaving a
copy of the order
with the person to whom it is directed, or with any of his or her under
officers who may be at the place where the prisoner is detained; or if
he or she can not be found, or has not the person imprisoned or restrained in
custody, the service may be made upon any person who has the person in custody
with the same effect as though he or she had been made a defendant therein.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-112) (from Ch. 110, par. 10-112)
Sec. 10-112.
Expense involved.
When the person confined or restrained
is in the custody of
a civil officer, the court entering the order shall certify
thereon the sum to be paid for the expense of bringing the person from the
place of imprisonment, not exceeding 10 cents per mile, and the officer
shall not be bound to obey it unless the sum so certified is paid or
tendered to him or her, and security is given to pay the charges of carrying
the party back if he or she should be remanded. If the court
is satisfied that the party so confined or restrained is a poor
person and unable to pay such expense, then the court shall so state in
the order, and in such case no tender or payment of expenses need be made
or security given
but the officer shall be
bound to obey such order.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-113) (from Ch. 110, par. 10-113)
Sec. 10-113.
Form of return.
The officer or person upon whom such order
is served shall state in his or her return, plainly and unequivocally:
1. Whether he or she has or has not the party in his or her custody or control, or
under his or her restraint, and if he or she has not, whether he or she
has had the party in
his or her custody or control, or under his or her restraint, at any and what time
prior or subsequent to the date of the order.
2. If he or she has the party in his or her custody or control, or under his or her
restraint, the authority and true cause of such imprisonment or
restraint, setting forth the same in detail.
3. If the party is detained by virtue of any order, warrant or other
written authority, a copy thereof shall be attached to the return, and
the original shall be produced and exhibited on the return of the order
to the court before whom the same is returnable.
4. If the person upon whom the order is served has had the party in
his or her custody or control or under his or her restraint, at any time prior or
subsequent to the date of the order but has transferred such custody or
restraint to another, the return shall state particularly to whom, at
what time, for what cause and by what authority such transfer took
place. The return shall be signed by the person making the same, and
except where such person is a sworn public officer and makes the return
in his or her official capacity, it shall be verified by oath.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-114) (from Ch. 110, par. 10-114)
Sec. 10-114.
Bringing of body.
The officer or person making the return,
shall, at the same
time, bring the body of the party, if in his or her custody or power or under
his or her restraint, according to the command of the order
unless prevented by
the sickness or infirmity of the party.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-115) (from Ch. 110, par. 10-115)
Sec. 10-115.
Sickness or infirmity.
When, from the sickness or infirmity
of the party, he or she cannot
without danger, be brought to the place designated for the return of the
order, that fact shall be stated in the return, and if it is proved to
the satisfaction of the judge, he or she may proceed to the jail or other place
where the party is confined, and there make an examination, or the judge may
adjourn the same to such other time, or make such other order in the
case as law and justice require.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-116) (from Ch. 110, par. 10-116)
Sec. 10-116.
Neglect to obey order.
If the officer or person upon whom
such order is served
refuses or neglects to obey the same, by producing the party named in
the order and making a full and explicit return thereto within the time
required by Article X of this Act, and no sufficient excuse is shown for such refusal
or neglect, the court before whom the order is returnable, upon
proof of the service thereof, shall enforce obedience by attachment as
for contempt, and the officer or person so refusing or neglecting shall
forfeit to the party a sum not exceeding $500, and be
incapable of holding office.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-117) (from Ch. 110, par. 10-117)
Sec. 10-117.
Order in case of neglect.
The court may also, at the same
time or afterwards,
enter an order to the sheriff or other person to whom such attachment is
directed, commanding him or her to bring forthwith before the court
the party for whose benefit the habeas corpus order was entered, who shall thereafter
remain in the custody of such sheriff, or other person, until the party is
discharged, bailed or remanded, as the court directs.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-118) (from Ch. 110, par. 10-118)
Sec. 10-118.
Proceedings in case of emergency.
Whenever it appears by
the complaint, or by affidavit,
that any one is illegally held in custody or restraint, and that there
is good reason to believe that such person will be taken out of the
jurisdiction of the court in which the application for a
habeas corpus is made, or will suffer some irreparable injury before
compliance with the order can be enforced, the court may enter an order
directed to the sheriff or other proper officer,
commanding him or her to take the prisoner thus held in custody or restraint,
and forthwith bring him or her before the court to be dealt with
according to law. The court may also, if it is deemed
necessary, order the apprehension of the person charged with causing the
illegal restraint. The officer shall
execute the order by bringing the person therein named before the court,
and the like return and proceedings shall be had
as in other orders of habeas corpus.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-119) (from Ch. 110, par. 10-119)
Sec. 10-119.
Examination.
Upon the return of an order of habeas corpus, the court
shall, without delay, proceed to examine the cause of the
imprisonment or restraint, but the examination may be adjourned from
time to time as circumstances require.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-120) (from Ch. 110, par. 10-120)
Sec. 10-120.
Denial of allegations in return.
The party imprisoned
or restrained may file a reply to the return and deny any of the
material facts set forth in the return, and may allege any other facts
that may be material in the case, which denial or allegation shall be on
oath; and the court shall proceed promptly to examine
the cause of the imprisonment or restraint, hear the evidence produced
by any person interested or authorized to appear, both in support of
such imprisonment or restraint and against it, and thereupon shall
determine the matter according to law.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-121) (from Ch. 110, par. 10-121)
Sec. 10-121.
Seeking wrong remedy not fatal.
Where relief is sought
under Article X of this Act and the court determines, on motion directed
to the pleadings,
or on motion for summary judgment or upon trial, that the plaintiff has
pleaded or established facts which entitle the plaintiff to relief but that
the plaintiff has sought the wrong remedy, the court shall permit the pleadings
to be amended, on just and reasonable terms, and the court shall grant the
relief to which the plaintiff is entitled on the amended pleadings or upon
the evidence. In considering whether a proposed amendment is just and reasonable,
the court shall consider the right of the defendant to assert additional
defenses, to demand a trial by jury, to plead a counterclaim or third party
complaint, and to order the plaintiff to take additional steps which were
not required under the pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-122) (from Ch. 110, par. 10-122)
Sec. 10-122.
Amendments.
The return, as well as any denial or allegation, may be
amended at any time by leave of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-123) (from Ch. 110, par. 10-123)
Sec. 10-123.
When prisoner not entitled to discharge.
No person shall
be discharged under the provisions of this
Act, if he or she is in custody:
1. By virtue of process of any court of the United States,
in a case where such court has exclusive jurisdiction; or,
2. By virtue of a final judgment of any circuit court, or of any
proceeding for the enforcement of such judgment, unless the time during which such
party may be legally detained has expired; or,
3. For any treason, felony or other crime committed in any other
state or territory of the United States, for which such person ought, by
the Constitution and laws of the United States, to be delivered to
the executive power of such state or territory.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-124) (from Ch. 110, par. 10-124)
Sec. 10-124.
Causes for discharge when in custody on process of court.
If it appears that the prisoner is in custody by virtue of
process from any court legally constituted, he or she may be discharged only
for one or more of the following causes:
1. Where the court has exceeded the limit of its jurisdiction,
either as to the matter, place, sum or person.
2. Where, though the original imprisonment was lawful, nevertheless, by some
act, omission or event which has subsequently taken place, the party has
become entitled to be discharged.
3. Where the process is defective in some substantial form required
by law.
4. Where the process, though in proper form, has been issued in a
case or under circumstances where the law does not allow process to issue or
orders to be entered for imprisonment or arrest.
5. Where, although in proper form, the process has been issued in a
case or under circumstances unauthorized to issue or execute the same,
or where the person having the custody of the prisoner under such
process is not the person empowered by law to detain him or her.
6. Where the process appears to have been obtained by false pretense
or bribery.
7. Where there is no general law, nor any judgment or order of a
court to authorize the process if in a civil action, nor any conviction if
in a criminal proceeding. No court, on the return of a habeas
corpus, shall, in any other matter, inquire into the legality or justice
of a judgment of a court legally constituted.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
Sec. 10-125. New commitment. In all cases where the imprisonment is
for a criminal, or
supposed criminal matter, if it appears to the court that there
is sufficient legal cause for the commitment of the prisoner, although
such commitment may have been informally made, or without due authority,
or the process may have been executed by a person not duly authorized,
the court shall make a new commitment in proper form, and
direct it to the proper officer, or admit the party to pretrial release if the case
is eligible for pretrial release. The court shall also, when necessary, take the
recognizance of all material witnesses against the prisoner, as in other
cases. The recognizances shall be in the form provided by law, and
returned as other recognizances. If any judge shall neglect or refuse to
bind any such prisoner or witness by recognizance, or to return a
recognizance when taken as hereinabove stated, he or she shall be guilty of a
Class A misdemeanor in office, and be proceeded against accordingly.
(Source: P.A. 101-652, eff. 1-1-23.)
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(735 ILCS 5/10-126) (from Ch. 110, par. 10-126)
Sec. 10-126.
Remand.
When any prisoner brought up on a habeas corpus is
remanded to prison, it shall be the duty of the court remanding
the prisoner to deliver to the sheriff, or other person to whose
custody the prisoner is remanded, an order in writing, stating the cause of
remanding the prisoner. If such prisoner obtains a second order of habeas
corpus, it shall be the duty of such sheriff, or other person to whom
the same is directed, to return therewith the order above stated; and
if it appears that the prisoner was remanded for an offense
adjudged not bailable, it shall be taken and received as conclusive, and
the prisoner shall be remanded without further proceedings.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
Sec. 10-127. Grant of habeas corpus. It is not lawful for any court, on a second
order of habeas corpus obtained by such prisoner, to discharge the prisoner,
if he or she is clearly and specifically charged in the warrant of
commitment with a criminal offense; but the court shall,
on the return of such second order, have power only to admit such
prisoner to pretrial release where the offense is eligible for pretrial release by law, or remand him or
her to prison where the offense is not eligible for pretrial release, or being eligible for pretrial release, where such
prisoner fails to comply with the terms of pretrial release.
(Source: P.A. 101-652, eff. 1-1-23.)
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(735 ILCS 5/10-128) (from Ch. 110, par. 10-128)
Sec. 10-128.
Person discharged again imprisoned.
No person who has
been discharged by order of the court
on a habeas corpus, shall be again imprisoned, restrained or kept
in custody for the same cause, unless he or she is afterwards indicted for the
same offense, nor unless by the legal order or process of the court
wherein he or she is bound by recognizance to appear. The following shall not
be deemed to be the same cause:
1. If, after a discharge for a defect of proof, or any material
defect in the commitment, in a criminal case, the prisoner is
again arrested on sufficient proof, and committed by legal process for
the same offense.
2. If, in a civil action, the party has been discharged for any
illegality in the judgment or process, and is afterwards imprisoned by
legal process for the same cause of action.
3. Generally, whenever the discharge is ordered on account of
the non-observance of any of the forms required by law, the party may be
a second time imprisoned if the cause is legal and the forms required by
law observed.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-129) (from Ch. 110, par. 10-129)
Sec. 10-129.
Penalty for rearrest of person discharged.
Any person
who, knowing that another has been discharged by
order of a competent court on a habeas corpus, shall,
contrary to the provisions of Article X of this Act, arrest or detain him
or her again for
the same cause which was shown on the return to such order, shall forfeit
$500 for the first offense, and $1,000 for every subsequent offense.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-130) (from Ch. 110, par. 10-130)
Sec. 10-130.
Prisoner not to be removed from county.
To prevent any
person from avoiding or delaying his or her trial,
it shall not be lawful to remove any prisoner on habeas corpus under
Article X of this Act out of the county in which he or she is confined, within 15 days
next preceding the first day of the calendar month in which such person
ought to be tried unless it is done to convey him or her into the county where the
offense with which he or she stands charged is properly cognizable.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-131) (from Ch. 110, par. 10-131)
Sec. 10-131.
Custody not to be changed.
Any person being committed to
any prison, or in the custody
of any sheriff or other officer or person for any criminal or supposed
criminal matter, shall not be removed therefrom into any other prison or
custody, unless it is done by habeas corpus order or some other legal process or when
it is expressly allowed by law. If any person removes, or causes to
be removed any prisoner so committed, except as above provided, he or she shall
forfeit to the party affected a sum not exceeding $300.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-132) (from Ch. 110, par. 10-132)
Sec. 10-132.
Avoidance of order - Punishment.
Any one having a person
in his or her custody, or under his or her restraint, power or control,
for whose relief an order of habeas corpus is
entered, who, with intent to avoid the effect of such order,
transfers such person to the custody or places him or her
under the control of another, or conceals him or her, or changes the place
of his or her confinement,
with intent to avoid the operation of such order, or with intent to remove
him or her out of the State, shall, for every such offense, be guilty of
a Class 4 felony. In any prosecution for the penalty incurred under this
Section it shall not be necessary to show that the order of habeas
corpus had been entered at the time of the removal, transfer or concealment
therein mentioned, if it is proven that the acts therein forbidden were
done with the intent to avoid the operation of such order.
(Source: P.A. 83-707.)
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(735 ILCS 5/10-133) (from Ch. 110, par. 10-133)
Sec. 10-133.
Penalties - How recovered.
All the pecuniary forfeitures
incurred under this Act shall
inure to the use of the party for whose benefit the order of habeas
corpus was entered, and shall be sued for and recovered with costs, by the
Attorney General or State's Attorney, in the name of the State, by
complaint; and the amount, when recovered, shall, without any deduction,
be paid to the party entitled thereto.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-134) (from Ch. 110, par. 10-134)
Sec. 10-134.
No bar to civil damages.
The recovery of the penalties
shall be no bar to a civil action for damages.
(Source: P.A. 82-280.)
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(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
Sec. 10-135. Habeas corpus to testify. The several courts having authority
to grant relief by habeas
corpus, may enter orders, when necessary, to bring before them any
prisoner to testify, or to be surrendered in discharge of pretrial release, or for
trial upon any criminal charge lawfully pending in the same court or to
testify in a criminal proceeding in another state as provided for by
Section 2 of the "Uniform Act to secure the attendance of witnesses from
within or without a state in criminal proceedings", approved July 23,
1959, as heretofore or hereafter amended; and the order may be directed to any
county in the State, and there be served and returned by any officer
to whom it is directed.
(Source: P.A. 101-652, eff. 1-1-23.)
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(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
Sec. 10-136. Prisoner remanded or punished. After a prisoner has given
his or her testimony, or been
surrendered, or his or her pretrial release discharged, or he or she has been tried
for the crime with which he or she is charged, he or she shall be returned
to the jail or other place of confinement from which he or she was taken
for that purpose.
If such prisoner is convicted of a crime punishable with death
or imprisonment in the penitentiary, he or she may be punished accordingly; but
in any case where the prisoner has been taken from the
penitentiary, and his or her punishment is by imprisonment, the time of such
imprisonment shall not commence to run until the expiration of the time
of service under any former sentence.
(Source: P.A. 101-652, eff. 1-1-23.)
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(735 ILCS 5/10-137) (from Ch. 110, par. 10-137)
Sec. 10-137.
Contempt - Discharge.
Any person imprisoned for any contempt
of court for the
non-performance of any order or judgment for the payment of money, is
entitled to relief by habeas corpus, and if it appears, on full
examination of such person and such witnesses, and other evidence as may
be adduced, that he or she is unable to comply with such order or judgment, or
to endure the confinement, and that all persons interested in the order
or judgment have had reasonable notice of the time and place of trial,
the court may discharge him or her from imprisonment, but no such
discharge shall operate to release the lien of such order or judgment,
but the same may be enforced against the property of such person as other
orders and judgments are enforced in civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XI heading) ARTICLE XI
INJUNCTION
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(735 ILCS 5/Art. XI Pt. 1 heading) Part 1.
In General
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(735 ILCS 5/11-101) (from Ch. 110, par. 11-101)
Sec. 11-101.
Temporary restraining order.
No temporary restraining order shall be granted without notice to the
adverse party unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and irreparable
injury, loss, or damage will result to the applicant before notice can
be served and a hearing had thereon. Every temporary restraining order
granted without notice shall
be indorsed with the date and hour of
signing; shall be filed forthwith in the clerk's office; shall define
the injury and state why it is irreparable and why
the order was granted without notice; and shall expire by its terms
within such time after the signing of the order, not to
exceed 10 days, as the court fixes,
unless within the time so fixed the order, for good cause shown, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The
reasons for the granting of the extension shall be stated in the
written order of the court. In case a
temporary restraining order is granted without notice, the motion for a
preliminary injunction shall be set for hearing at the earliest
possible time and takes precedence over all matters except older matters
of the same character; and when the motion comes on for hearing the
party who obtained the temporary restraining order shall proceed with
the application for a preliminary injunction and, if he or she does not do so,
the court shall dissolve the temporary restraining order.
On 2 days' notice to the party who obtained the temporary restraining
order without notice or on such shorter notice to that party as the
court may prescribe, the adverse party may appear and move its
dissolution or modification and in that event the court shall proceed to
hear and determine such motion as expeditiously as the ends of justice
require.
Every order granting an injunction and every restraining order shall
set forth the reasons for its entry; shall be specific in terms;
shall describe in reasonable detail, and not by reference to the
complaint or other document, the act or acts sought to be restrained;
and is binding only upon the parties to the action, their officers,
agents, employees, and attorneys, and upon those persons in
active concert or participation with them who receive actual notice of
the order by personal service or otherwise.
(Source: P.A. 84-554.)
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(735 ILCS 5/11-102) (from Ch. 110, par. 11-102)
Sec. 11-102.
Preliminary injunction.
No court or judge shall grant a
preliminary injunction without
previous notice of the time and place of the application having been given
the adverse party.
(Source: P.A. 84-282.)
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(735 ILCS 5/11-103) (from Ch. 110, par. 11-103)
Sec. 11-103.
Bond.
The court in its discretion, may before entering a
restraining order or a preliminary injunction, require the applicant to
give bond in such sum, upon such condition and with such security as may
be deemed proper by the court, for the payment of such costs
and damages as may be incurred or suffered by any party who is found to
have been wrongfully enjoined or restrained.
No such bond shall be required of any governmental office or agency.
A surety upon a bond or undertaking under Article XI of this
Act submits to
the jurisdiction of the court and irrevocably appoints the clerk of the
court as the surety's agent upon whom any papers affecting the surety's liability on the
bond or undertaking may be served. Such liability may be enforced on
motion without the necessity of an independent action. The motion and
such notice of motion as the court prescribes may be served on the clerk
of the court who shall forthwith mail copies to the persons giving the
security if their addresses are known.
(Source: P.A. 83-707.)
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(735 ILCS 5/11-104) (from Ch. 110, par. 11-104)
Sec. 11-104.
Bond before court or clerk.
The bond may be entered into
before the court
granting or ordering the injunction, or before the clerk of the court,
if the court has approved the security.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-105) (from Ch. 110, par. 11-105)
Sec. 11-105.
Filing of bond.
All bonds required by Article XI
of this Act shall be filed with the clerk
of the court who is to certify the injunctive order or judgment.
(Source: P.A. 83-707.)
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(735 ILCS 5/11-106) (from Ch. 110, par. 11-106)
Sec. 11-106. Injunctive relief on Saturday, Sunday or legal holiday.
When an application is made on a Saturday,
Sunday, legal holiday or on a day when courts are not in session for injunctive
relief and there is filed with the complaint an affidavit of
the plaintiff, or his, her or their agent or attorney, stating that the
benefits of injunctive relief will be lost or endangered, or irremediable
damage occasioned unless such injunctive relief is immediately granted,
and stating the bases for such alleged consequence, and if
it appears to the court from such affidavit that the benefits of injunctive relief
will be lost or endangered, or irremediable damage occasioned unless
such injunctive relief is immediately granted, and if the plaintiff otherwise is
entitled to such relief under the law, the court may grant injunctive relief
on a Saturday,
Sunday, legal holiday, or on a day when courts are not in session; and it
shall be lawful for the clerk to certify, and for the sheriff or coroner
to serve such order for injunctive relief on a Saturday,
Sunday, legal holiday or on a day when courts are not in session as on any
other day, and all affidavits and bonds made and proceedings had in
such case shall have the same force and effect as if made or had on any
other day.
(Source: P.A. 98-756, eff. 7-16-14.)
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(735 ILCS 5/11-107) (from Ch. 110, par. 11-107)
Sec. 11-107.
Seeking wrong remedy not fatal.
Where relief is sought under Article XI of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-107.1)
Sec. 11-107.1. (Repealed).
(Source: P.A. 84-1000. Repealed by P.A. 101-13, eff. 6-12-19.)
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(735 ILCS 5/11-108) (from Ch. 110, par. 11-108)
Sec. 11-108.
Motion to dissolve.
A motion to dissolve an injunction
may be made at any time
before or after answer is filed. Upon a motion to dissolve an injunction
after answer is filed the court shall decide the motion upon the weight of the evidence.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-109) (from Ch. 110, par. 11-109)
Sec. 11-109.
Affidavits in support of motion to dissolve.
The plaintiff
may support the complaint and the defendant
may support the answer by affidavits filed with the same, which may be
read in evidence on the hearing of the motion to dissolve the
injunction.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-110) (from Ch. 110, par. 11-110)
Sec. 11-110.
Assessing damages.
In all cases where a temporary restraining
order or a preliminary
injunction is dissolved by the circuit court or by the reviewing court,
the circuit court, after the dissolution of the temporary restraining order
or preliminary injunction, and before
finally disposing of the action shall, upon the party claiming damages by reason
of such temporary restraining order or preliminary injunction, filing a
petition under oath setting forth the nature and amount of damages suffered,
determine and enter judgment in favor of the party who was injured by such
temporary restraining order or preliminary injunction for the damages which
the party suffered as a result thereof, which judgment may be enforced as
other judgments for the payment of money. However, a
failure so to assess damages as hereinabove set out shall not operate as
a bar to an action upon the injunction bond.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XI Pt. 3 heading) Part 3.
Disbursement of Public Moneys
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(735 ILCS 5/11-301) (from Ch. 110, par. 11-301)
Sec. 11-301.
Who may file action.
An action to restrain and enjoin the
disbursement of public funds by any officer or officers of the State government
may be maintained either by the Attorney General or by any citizen and taxpayer
of the State.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-302) (from Ch. 110, par. 11-302)
Sec. 11-302.
Action by Attorney General.
Such action may be maintained
by the Attorney General, by
filing in the office of the clerk of the circuit court of
the proper county a
complaint in the name of the People of the State of Illinois. When such
complaint is filed, it shall be presented to the court and an
order shall be entered thereon showing the day of presentation and the
day, which shall not be less than 5 days and not more than 10 days
thereafter, when the court will hear the same.
(Source: P.A. 83-707.)
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(735 ILCS 5/11-303) (from Ch. 110, par. 11-303)
Sec. 11-303.
Action by private citizen.
Such action, when prosecuted by
a citizen and taxpayer of the State,
shall be commenced by petition for leave to file an action to restrain and
enjoin the defendant or defendants from disbursing the public funds of
the State. Such petition shall have attached thereto a copy of the
complaint, leave to file which is petitioned for. Upon the filing of
such petition, it shall be presented to the court, and the court
shall enter an order stating the date of the presentation of the petition and
fixing a day, which shall not be less than 5 nor more than 10 days
thereafter, when such petition for leave to file the action will be heard.
The court shall also order the petitioner to give notice in writing to
each defendant named therein and to the Attorney General, specifying in
such notice the fact of the presentation of such petition and the date and time
when the same will be heard. Such notice shall be served upon the
defendants and upon the Attorney General, as the case may be, at least 5
days before the hearing of such petition.
Upon such hearing, if the court is satisfied that there is
reasonable ground for the filing of such action, the court may grant the
petition and order the complaint to be filed and process to issue. The
court may, in its discretion, grant leave to file the complaint as to
certain items, parts or portions of any appropriation Act sought to be
enjoined and mentioned in such complaint, and may deny leave as to the
rest.
(Source: P.A. 82-280.)
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(735 ILCS 5/11-304) (from Ch. 110, par. 11-304)
Sec. 11-304.
Summons - Pleadings.
Upon the filing of the complaint,
summons shall be issued
commanding the defendant or defendants to appear on the day named
therein, which shall not be less than 5 days nor more than 10 days
thereafter, as shall be directed by the court. Such summons shall be
served at least 5 days before the return day thereof in the same manner
as summons is served in other civil cases.
Every defendant who is summoned shall
appear by filing a pleading or motion in the cause on the
return day of the summons as in other civil cases, and such action shall
be given preference in hearing over all other cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XII heading) ARTICLE XII
JUDGMENTS - ENFORCEMENT
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(735 ILCS 5/Art. XII Pt. 1 heading) Part 1.
In General
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(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
Sec. 12-101. Lien of judgment. With respect to the creation of liens on
real estate by judgments, all real estate in the State of Illinois is divided
into 2 classes.
The first class consists of all real property, the title to which is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended.
The second class consists of all real property not registered under "An
Act concerning land titles".
As to real estate in class one, a judgment is a lien on the
real estate of the person against whom it is entered for the same
period as in class two, when Section 85 of "An Act concerning land
titles", has been complied with.
As to real estate included within class two, a judgment is a lien on the real
estate of the person against whom it is
entered in any county in this State, including the county in which it is
entered, only from the time a transcript, certified copy or memorandum of
the judgment is filed in the office of the recorder in the county in which
the real estate is located.
The lien may be foreclosed by an action brought in the name of the judgment
creditor or its assignee of record under Article XV in the same manner as a
mortgage of real property, except that the redemption period shall be 6 months
from the date of sale and the real estate homestead exemption under Section
12-901 shall apply.
A judgment resulting from the entry of an order requiring child support
payments shall be a lien upon the real estate of the person obligated to make
the child support payments, but shall not be enforceable in any county of this
State until a transcript, certified copy, or memorandum of the
lien is filed in the office of the recorder in the county in which the real
estate is located.
Any lien hereunder arising out of an order
for support shall be a lien only as to and from the time that an
installment or payment is due under the terms of the order. Further, the
order for support shall not be a lien on real estate to the extent of
payments made as evidenced by the records of the Clerk of the Circuit Court
or State agency receiving payments pursuant to the order. In the event
payments made pursuant to that order are not paid to the Clerk of the
Circuit Court or a State agency, then each lien imposed by this Section
may be released in the following manner:
(a) A Notice of Filing and an affidavit stating that | ||
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(b) Service of such affidavit shall be by any means | ||
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(c) The Notice of Filing shall set forth the name and | ||
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||
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(d) If no affidavit objecting to the release of the | ||
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A judgment is not a lien on real estate for longer than 7 years from the
time it is entered or revived, unless the judgment is revived within 7 years
after its entry or last revival and a new memorandum of judgment is recorded prior to the judgment and its recorded memorandum of judgment becoming dormant.
When a judgment is revived it is a lien on the real estate of
the person against whom it was entered in any county in this State from
the time a transcript, certified copy or memorandum of the order of
revival is filed in the office of the recorder in the county in
which the real estate is located.
A foreign judgment registered or filed pursuant to Sections 12-630 through 12-672
of this Act is a lien upon the real estate of the person against whom it
was entered only from the time (1) a copy of the affidavit required by Section 12-653 with a copy of the foreign judgment attached showing the filing in a court of this State or (2) a transcript,
certified copy or memorandum of a final judgment of the court of this
State entered on an action to enforce a foreign judgment is filed in the office of the
recorder in the county in which the real estate is located. However, no
such judgment shall be a lien on any real estate registered under "An Act
concerning land titles", as amended, until Section 85 of that Act has been
complied with.
The release of any transcript, certified copy or memorandum of judgment
or order of revival which has been recorded shall be filed by the person
receiving the release in the office of the recorder in which such
judgment or order has been recorded.
Such release shall contain in legible letters a statement as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL | ||
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The term "memorandum" as used in this Section means a memorandum or copy
of the judgment signed by a judge or a copy attested by the clerk of the
court entering it and showing the court in which entered,
date, amount, number of the case in which it was entered, name of the
party in whose favor and name and last known address of the party
against whom entered. If the address of the party against whom the
judgment was entered is not known, the memorandum or copy of judgment
shall so state.
The term "memorandum" as used in this Section also means a memorandum
or copy of a child support order signed by a judge or a copy attested by
the clerk of the court entering it or a copy attested by the administrative
body entering it.
This Section shall not be construed as showing an intention of the
legislature to create a new classification of real estate, but shall be
construed as showing an intention of the legislature to continue a
classification already existing.
(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
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(735 ILCS 5/12-102) (from Ch. 110, par. 12-102)
Sec. 12-102.
Judgment against partnership.
A judgment entered against
a partnership in its firm name
is enforceable only against property of the partnership and
does not constitute a lien upon real estate other than that held in the
firm name.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-103) (from Ch. 110, par. 12-103)
Sec. 12-103.
Representative capacity.
A judgment entered against a
person not as a result of a contract made by him or her or a tort committed
by him or her but solely because he or she is the holder of title to property
as receiver, trustee of a specifically identified trust,
representative as defined in Section 1-2.11 of the Probate Act of 1975,
or in any other fiduciary capacity, shall be enforced only against property
held in the particular representative capacity, but no judgment shall be
enforced against nor shall the judgment constitute a lien upon, other property
owned by such person, whether individually or in some other designated identifiable
representative capacity.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-104) (from Ch. 110, par. 12-104)
Sec. 12-104.
Time of restraint deducted.
When the party in whose favor
a judgment is entered is
restrained, by injunction, or by stay on appeal, or by the order of a
court, or is delayed, on account of the death of the defendant
from enforcement of the judgment, the time he or she is so restrained
or delayed shall not be considered as any part of the time mentioned in
Section 12-101 or 12-108 of this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-105) (from Ch. 110, par. 12-105)
Sec. 12-105.
Definition of "real estate".
The term "real estate,"
when used in Part 1 of Article XII of this Act includes
lands, tenements, hereditaments, and all legal and equitable rights and
interests therein and thereto, including estates for the life of the
debtor or of another person, and estates for years, and leasehold
estates, when the unexpired term exceeds 5 years.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-106) (from Ch. 110, par. 12-106)
Sec. 12-106.
Enforcement in other counties.
The person
in whose favor any judgment is
entered, may have the judgment enforced by the
proper officer of any county, in this State, against the lands and
tenements, goods and chattels of the person against whom the judgment is
entered, or against his or her body, when the same is authorized by law. Upon
the filing in the office of the clerk of any circuit court in any county in this
State of a transcript of a judgment entered in any other county of this
State, enforcement may be had thereon in that county, in like manner as in
the county where originally entered.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-107) (from Ch. 110, par. 12-107)
Sec. 12-107.
Incarceration of judgment debtor.
No order shall be entered
for the incarceration of a judgment debtor as a means of satisfying a money judgment
except when the judgment is entered for a tort committed
by such judgment debtor, and it appears from a special finding of the
jury, or from a special finding by the court, if the case is tried by
the court without a jury, that malice is the gist of the action, and
except when the judgment debtor refuses to deliver up his or her estate for the
benefit of his or her creditors.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-107.5) Sec. 12-107.5. Body attachment order. (a) No order of body attachment or other civil order for the incarceration or detention of a natural person respondent to answer for a charge of indirect civil contempt shall issue unless the respondent has first had an opportunity, after personal service or abode service of notice as provided in Supreme Court Rule 105, to appear in court to show cause why the respondent should not be held in contempt. (b) The notice shall be an order to show cause. (c) Any order issued pursuant to subsection (a) shall expire one year after the date of issue. (d) The first order issued pursuant to subsection (a) and directed to a respondent may be in the nature of a recognizance bond in the sum of no more than $1,000. (e) Upon discharge of any bond secured by the posting of funds, the funds shall be returned to the respondent or other party posting the bond, less applicable fees, unless the court after inquiry determines that: (1) the judgment debtor willfully has refused to comply with a payment order entered in accordance with Section 2-1402 or an otherwise validly entered order; (2) the bond money belongs to the debtor as opposed to a third party; and (3) that any part of the funds constitute non-exempt funds of the judgment debtor, in which case the court may cause the non-exempt portion of the funds to be paid over to the judgment creditor. (f) The requirements or limitations of this Section do not apply to the enforcement of any order or judgment for child support, any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation.
(Source: P.A. 97-848, eff. 7-25-12; 98-417, eff. 1-1-14.) |
(735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
Sec. 12-108. Limitation on enforcement.
(a) Except as herein provided,
no judgment shall be enforced after the expiration of 7 years from the time
the same is rendered, except upon the revival of the same by a proceeding
provided by Section 2-1601 of this Act; but real estate, levied upon within
the 7 years, may be sold to enforce the judgment at any time within one
year after the expiration of the 7 years. A judgment recovered in an
action for damages for an injury described in Section 13-214.1 may be
enforced at any time.
Child support judgments, including those arising by operation of law, may be
enforced at any time.
(b) No judgment shall be enforced against a police officer employed by
a municipality if the corporate authority of the municipality files with the
clerk of the court in which the judgment was entered a statement certifying:
(1) such police officer was employed by the municipality and was within
the scope and course of his employment at the time of the occurrence giving
rise to the action in which the judgment is entered and (2) the municipality
indemnifies the police officer in the amount of the judgment and interest
thereon. In such event, the judgment creditor may enforce the judgment
against the municipality in the same manner and to the same extent as if
the municipality were the judgment debtor.
(c) If a judgment or a consumer debt judgment becomes dormant during the pendency of an enforcement proceeding against wages under of Part 14 of Article II or Part 8 of Article XII, the enforcement may continue to conclusion if the enforcement is done under court supervision and includes a wage deduction order or turn over order and is against an employer, garnishee, or other third party respondent.(Source: P.A. 101-168, eff. 1-1-20.)
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(735 ILCS 5/12-109) (from Ch. 110, par. 12-109)
Sec. 12-109. Interest on judgments. (a) Every judgment except those
arising by operation of law from child support orders shall bear interest
thereon as provided in Section 2-1303. (b) Every judgment arising by
operation of law from a child support order shall bear interest as provided
in this subsection. The interest on judgments arising by operation of law from child support orders shall be calculated by applying one-twelfth of the current statutory interest rate as provided in Section 2-1303 to the unpaid child support balance as of the end of each calendar month. The unpaid child support balance at the end of the month is the total amount of child support ordered, excluding the child support that was due for that month to the extent that it was not paid in that month and including judgments for retroactive child support, less all payments received and applied as set forth in this subsection. The accrued interest shall not be included in the unpaid child support balance when calculating interest at the end of the month. The unpaid child support balance as of the end of each month shall be determined by calculating the current monthly child support obligation and applying all payments received for that month, except federal income tax refund intercepts, first to the current monthly child support obligation and then applying any payments in excess of the current monthly child support obligation to the unpaid child support balance owed from previous months. The current monthly child support obligation shall be determined from the document that established the support obligation. Federal income tax refund intercepts and any payments in excess of the current monthly child support obligation shall be applied to the unpaid child support balance. Any payments in excess of the current monthly child support obligation and the unpaid child support balance shall be applied to the accrued interest on the unpaid child support balance. Interest on child support obligations may be collected by any means available under federal and State law, rules, and regulations providing for the collection of child support.
(Source: P.A. 101-336, eff. 8-9-19.)
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(735 ILCS 5/12-110) (from Ch. 110, par. 12-110)
Sec. 12-110.
Certified copy returnable.
Certified copies of judgments
which are delivered to an appropriate officer for enforcement
shall be returnable within 90 days after the issuance
of the certified copy by the clerk of court.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-111) (from Ch. 110, par. 12-111)
Sec. 12-111.
When binding on personalty.
No judgment shall bind the
goods and chattels of the person
against whom it is entered, until a certified copy thereof is delivered
to the sheriff or other
proper officer to be served; and for the better manifestation of the
time, the sheriff or other officer shall, on receipt of such certified copy,
indorse upon the back thereof the day of the month and year and hour
when he or she received the same.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-112) (from Ch. 110, par. 12-112)
Sec. 12-112. What liable to enforcement. All the lands, tenements, real
estate, goods and chattels (except such as is by law declared to be exempt)
of every person against whom any judgment has been or shall be hereafter
entered in any court, for any debt, damages, costs, or other sum of money,
shall be liable to be sold upon such judgment. Any real property, any
beneficial interest in a land trust, or any interest in real property held in a revocable inter vivos trust or revocable inter vivos trusts created for estate planning purposes, held in
tenancy by the entirety shall not be liable to be sold upon judgment
entered on or after October 1, 1990 against only one of the tenants, except if
the property was transferred into tenancy by the entirety with the sole intent
to avoid the payment of debts existing at the time of the transfer beyond the
transferor's ability to pay those debts as they become due.
However, any income from such property shall be subject to garnishment as
provided in Part 7 of this Article XII, whether judgment has been entered
against one or both of the tenants.
If the court authorizes the piercing of the ownership veil pursuant to
Section 505 of the Illinois Marriage and Dissolution of Marriage Act or Section
805 of the Illinois Parentage Act of 2015, any assets determined to be those of
the non-custodial parent, although not held in name of the
non-custodial parent, shall be subject to attachment or other provisional
remedy in accordance with the procedure prescribed by this Code. The court may
not authorize attachment of
property or any other provisional remedy under this paragraph unless it has
obtained jurisdiction over the entity holding title to the property by proper
service on that entity. With respect to assets which are real property, no
order entered as described in this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien holders who
acquire their interests in the property prior to the time a notice of lis
pendens pursuant to this Code or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the real property is
located.
This amendatory Act of 1995 (P.A. 89-438) is declarative of existing law.
This amendatory Act of 1997 (P.A. 90-514) is intended as a clarification
of existing law
and not as a new enactment.
(Source: P.A. 99-85, eff. 1-1-16.)
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(735 ILCS 5/12-112.5) Sec. 12-112.5. Charging orders. If a statute or case requires or permits a judgment creditor to use the remedy of a charging order, said remedy may be brought and obtained by serving any of the various enforcement procedures set forth within this Article XII or by serving a citation pursuant to Section 2-1402. If the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens.
(Source: P.A. 97-350, eff. 1-1-12.) |
(735 ILCS 5/12-113) (from Ch. 110, par. 12-113)
Sec. 12-113.
Election of property.
Except as to any sale had by virtue of a judgment
of foreclosure entered in accordance with Article XV, the judgment creditor may elect on
what property not exempt from enforcement of a judgment
he or she will have the same levied,
provided personal property shall be last taken, except that a judgment in
favor of any city, village or incorporated town may, at the option of
the city, village or incorporated town, be levied against either
personal or real property with no restriction as to priority.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-114) (from Ch. 110, par. 12-114)
Sec. 12-114.
Sale in separate items.
Except as to any sale had by
virtue of a judgment
of foreclosure entered in accordance with Article XV, when real or personal property
is taken in the enforcement of a judgment, if the property is susceptible
of division it shall be sold in separate tracts,
lots or articles, and only so much shall be sold as is necessary to
satisfy the judgment and costs.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-115) (from Ch. 110, par. 12-115)
Sec. 12-115.
Notice of sale of real estate.
Except as to any sale had
by virtue of a judgment of foreclosure entered in accordance with Article
XV, no real estate shall be
sold by virtue of any judgment,
except at public sale, between the hours of 9
in the morning and
the setting of the sun of the same day, nor unless the time (specifying
the particular hour of day at which the sale shall commence) and the
place of holding such sale shall have been previously advertised 3
successive weeks, once in each week, in a newspaper published in the
county where the sale is made (if there is any newspaper published
in such county), and by placing written or printed notices thereof in
at least 3 of the most public places in the county where the real estate
is situated, specifying the name of the judgment creditor and judgment debtor
in the judgment in all of which notices the real estate to be sold shall be
described with reasonable certainty, and if there is more than one
newspaper published in such county, the judgment creditor or his or her
attorney may designate the newspaper in which such notice shall be published.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-116) (from Ch. 110, par. 12-116)
Sec. 12-116.
Penalty for neglect of officer.
If any sheriff or other
officer sells any real estate
by virtue of any judgment, otherwise than in the manner provided by law,
or without such previous notice, the officer so offending shall, for
every such offense, forfeit and pay the sum of $50, to be recovered with
costs of the action by the person whose property is sold.
However,
no such offense, nor any irregularity on the part of the
sheriff, or other officer having the certified copy of the judgment for
enforcement, shall affect the
validity of any sale made under it, unless the purchaser had notice thereof.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-119) (from Ch. 110, par. 12-119)
Sec. 12-119.
Certificate.
When any real estate is sold by virtue of a
judgment, or enforcement of
mechanic's lien, or vendor's lien, or for the payment of money, the
sheriff or other officer, except as otherwise provided in Part 1 of Article
XII of this Act,
instead of executing a deed for the premises sold, shall give to the
purchaser a certificate describing the premises purchased by him or her,
showing the amount paid therefor, or if purchased by the judgment creditor,
the amount of
his or her bid, and the time when the purchaser will be entitled to a deed
unless the premises are redeemed, as provided in Part 1 of Article XII of this Act.
(Source: P.A. 85-907.)
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(735 ILCS 5/12-120) (from Ch. 110, par. 12-120)
Sec. 12-120.
Deposit of money - Receipt of other document.
With respect to any sale made in open court, wherever provisions are
made in Part 1 of Article XII of
this Act for any payment of money to or deposit of any receipt
or other document with the officer who made the sale or who sold the
real estate, such payment shall be made to or deposit made with the
sheriff of the county in which the sale is held.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-121) (from Ch. 110, par. 12-121)
Sec. 12-121.
Certificate recorded.
The purchaser shall, within
10 days from such sale, file in the office of the recorder of the
county in which the property is situated, such
certificate, which shall be recorded by such recorder; and such
certificate or duplicate, or record, and certified copy of the record
thereof, shall be evidence of the facts therein stated.
(Source: P.A. 84-314.)
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(735 ILCS 5/12-122) (from Ch. 110, par. 12-122)
Sec. 12-122.
Redemption.
Any defendant, his or her heirs, executors, administrators,
assigns, or
any person interested in the premises, through or under the defendant, may,
except as to any sale had by virtue of a judgment of foreclosure in
accordance with Article XV of this Act, within
6 months from the sale, redeem the real estate so sold by paying to the
purchaser thereof, his or her heirs, executors, administrators or assigns or to the
sheriff or other officer who sold the same, or his or her successor in office, for
the benefit of such purchaser, his or her heirs, executors, administrators,
or assigns,
the sum of money for which the premises were sold or bid off, with interest
thereon at the rate of 10% per annum from the time of such sale, whereupon
such sale and certificate shall be null and void. If there has been a prior
redemption by a judgment creditor, his or her heirs, executors, administrators
or assigns,
then redemption by a defendant, his or her heirs, executors, administrators or assigns,
or any person interested in the premises through or under the defendant, shall be in
accordance with Section 12-137 of this Act.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-131) (from Ch. 110, par. 12-131)
Sec. 12-131.
Certificate of redemption.
Except as to any sale had by virtue of a
judgment of foreclosure entered in accordance with Article XV, in all
cases of redemption of
land from sale had under any
judgment or order, it shall be the duty of the
purchaser, sheriff, or other officer or person from whom such redemption
takes place, to prepare an instrument in writing, under his or her signature and
seal, evidencing the redemption, which shall be recorded in the
recorder's office of the proper county, in like manner as other writings
affecting the title to real estate are filed and recorded, which
recording shall be paid for by the party redeeming.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-132) (from Ch. 110, par. 12-132)
Sec. 12-132.
Redemption by creditors.
If a redemption is not made,
pursuant to Section 12-122 of
this Act where applicable, prior to the making of redemption
under this Section, any judgment creditor, his or her heirs, executors,
administrators or assigns may, after the expiration of 3 months and
within 6 months after the sale, redeem the premises in the following manner: such
creditor, so entitled to redeem, his or her heirs, executors,
administrators or assigns may obtain a certified copy of the judgment,
and place the same with the sheriff or other proper officer for
enforcement, and the sheriff or other proper officer shall endorse upon
the back thereof a levy of the premises desired to be redeemed; and the
person so entitled and desiring to make such redemption shall pay to
such officer the amount for which the premises to be redeemed were sold, with
interest thereon at the rate of 10% per annum from the date of the sale,
for the use of the purchaser of such premises, his or her heirs, executors,
administrators or assigns, whereupon such officer shall prepare and file
in the office of the recorder of the county in which the premises are
situated a certificate of such redemption, and shall advertise and offer
the premises for sale under the judgment as in other cases of sale under
a judgment.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-133) (from Ch. 110, par. 12-133)
Sec. 12-133.
Redemption money bid.
The creditor, his or her heirs,
executors, administrators or assigns, having so
redeemed, shall be considered as having bid at such sale the amount of the
redemption money so paid by him or her, with interest thereon at the rate of 6%
per annum from the date of such redemption to the day of sale,
with the cost of such redemption and sale, and if no greater amount is bid
at such sale, the premises shall be struck off to the person making such
redemption. If at the time of issuance thereof, any person is entitled to
redeem under Section 12-137 of this Act the officer shall forthwith
execute a certificate of purchase to him or her in like form and manner as upon
the first sale, for a deed of the premises so sold. If no person is so
entitled to redeem under Section 12-137 of this Act, such officer shall
execute a deed of
the premises and no other redemption shall be allowed.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-134) (from Ch. 110, par. 12-134)
Sec. 12-134.
Bid at more than redemption money.
If at any sale held pursuant
to Section 12-132 of this Act,
a greater amount is bid and the premises sold for more
than the amount of such redemption money, interest and costs, the excess
shall be applied on the judgment under which the redemption was made;
and a certificate of the purchase shall be delivered to the new purchaser in
like form and manner as upon the first sale, for a deed of the premises
so sold, in 60 days from the date of such sale, unless the same are
redeemed before the expiration of that time, by some other judgment
creditor, his or her heirs, executors, administrators
or assigns, or by any defendant,
his or her heirs, executors, administrators, assigns, or any person interested
in the premises through or under the defendant, as provided in Section
12-137 of this Act.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-135) (from Ch. 110, par. 12-135)
Sec. 12-135.
Further redemptions.
Successive redemptions may be made
of the premises at any
time within 60 days of the last sale at which they were sold for more
than the amount of the redemption money, interest and costs, and the
premises again sold in the same manner and upon the same terms and
conditions, and certificate shall be made in like form and manner as
upon the sale on the first redemption, and the person redeeming shall be
considered to have bid the amount of his or her redemption money, interest and
costs; and if at any such sale the premises are not sold for a greater
sum, the sheriff or other officer shall forthwith execute a deed to the
purchaser, and no other redemption shall be allowed.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-136) (from Ch. 110, par. 12-136)
Sec. 12-136.
Preference in redemptions.
When there are several judgment
creditors, the creditor
having the senior judgment shall have the preference to redeem during
the first 2 days after the commencement of the period in which
judgment creditors may redeem, and the other creditors shall
respectively have preference to redeem during a like time, in the order
of seniority of their several judgments; but where 2 or more judgments
bear equal date, the creditor first paying the redemption money shall
have preference.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-137) (from Ch. 110, par. 12-137)
Sec. 12-137.
Subsequent redemptions.
Any redemption made under Sections
12-132 through 12-136 of this
Act, by any judgment creditor, his or her heirs, executors,
administrators or assigns after the expiration of 3 months and within 6
months after the original sale, is subject to subsequent redemption
within 6 months after the date of the original sale by any defendant,
his or her heirs, executors, administrators, assigns, or any person interested
in the premises through or under the defendant, in the manner provided
in this Section.
In the event there is a redemption by any defendant, his or her heirs,
executors, administrators, assigns, or any person interested in the
premises through or under the defendant, in accordance with Section 12-122
or this Section 12-137,
the right to further redemption by any judgment creditor, his or her heirs,
executors, administrators or assigns, is terminated, notwithstanding any
other provisions of this Act. Any such defendant, his or her heirs, executors,
administrators, assigns, or any person interested in the premises
through or under the defendant, having a right to redeem, may redeem by
paying to the sheriff or other proper officer the amount at which the
premises were last redeemed by the judgment creditor, his or her heirs,
executors, administrators or assigns, with interest thereon at the rate
of 10% per annum, from the date of the last redemption; however, if the
premises were sold pursuant to such last redemption for an amount
greater than the redemption money, interest and costs, then the amount
payable shall be the amount for which the premises were sold, together
with interest on that amount at the rate of 10% per annum from the time
of such sale, and costs of sale.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-138) (from Ch. 110, par. 12-138)
Sec. 12-138.
Redemptions of parts as sold.
Any person entitled to
redeem may redeem the whole or any part of the premises sold, in like distinct
parcels or quantities in
which the same were sold.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-139) (from Ch. 110, par. 12-139)
Sec. 12-139.
Redemption by joint owner.
Except as to any sale had by
virtue of a judgment of foreclosure in accordance with Article XV of this
Code, any joint owner, his or her
heirs, executors, administrators or assigns,
or a judgment creditor of such joint owner, may redeem the interest of
such joint owner in the premises sold under judgment, in the manner and
upon the conditions hereinbefore provided, upon the payment of his or her
proportion of the amount which would be necessary to redeem the whole.
(Source: P.A. 85-907.)
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(735 ILCS 5/12-140) (from Ch. 110, par. 12-140)
Sec. 12-140.
Redemption on claims allowed in probate.
For the purpose of redemption
from the sale of real estate
of a deceased debtor, any person whose claim has been allowed in probate
against the estate of such deceased debtor, shall be
considered a judgment creditor, and for the purpose of enabling such
creditor to redeem from such sale, a certified copy of the order allowing
the claim issued by the clerk of
the court wherein letters of office were
granted, may be delivered to the sheriff of the proper county, upon redemption
having been made, to levy upon and sell the
premises so sought to be redeemed, and like proceedings shall be had as
upon other judgments.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-141) (from Ch. 110, par. 12-141)
Sec. 12-141.
Taxes and assessments during period of redemption.
Except as to any sale had by virtue of a judgment of foreclosure in
accordance with Article XV of this Act, whenever
any real estate is sold under any judgment of
any court, the holder of the certificate of that sale, may pay all taxes and
assessments which are or may become a lien on that real estate during the
time of redemption running on the sale. Whenever redemption is made from
that sale the party or parties entitled to redeem shall pay to the holder
of the certificate of sale, or grantee under such deed, or to the sheriff
or other officer who sold the
real estate, or his successor in office, in addition to the amount due on
the certificate, or deed, the amount paid by the holder thereof or grantee
therein for the taxes and
assessments, together with interest thereon at the rate of 10% per annum, if
before the redemption is made a receipt for those taxes or assessments is
filed with the sheriff or other officer who made the sale or exhibited by
the holder of the certificate if redemption is made directly to the holder
of the certificate, or the grantee in such deed.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-142) (from Ch. 110, par. 12-142)
Sec. 12-142.
Realty sold to satisfy junior lien.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at judicial
or judgment sale to enforce a lien thereon and the real estate is
subject to a mortgage lien which is prior and superior to the lien so
foreclosed through that sale, the holder of the certificate of sale,
may from time to time during the
period of redemption pay any interest, principal or other obligation
which is due and payable in accordance with the terms of the superior
mortgage. If redemption is made from the sale, the party or parties
entitled to redeem shall pay to the holder of the certificate of sale,
or grantee under such deed, or to the sheriff or other officer who sold
the real estate or his or her successor in office, in addition to the amount
due on the certificate, or deed, the amount paid by the holder thereof
or grantee therein for interest, principal or other obligation, together
with interest thereon at the rate of 10% per annum, if before the
redemption is made a receipt evidencing the payments of interest,
principal and other obligations is filed with the sheriff or other
officer who made the sale or his or her successor in office or exhibited by the
holder of the certificate or grantee in such deed to the party redeeming
if the redemption payment is made directly to the holder of the
certificate, or the grantee in such deed.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-143) (from Ch. 110, par. 12-143)
Sec. 12-143.
Commissions.
No commission upon the amount of the redemption
money paid
in any case shall be allowed to the officer receiving the same, but the
usual commission shall be allowed to the officer selling the premises,
on the excess made over and above the amount of the redemption money
and interest.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-144) (from Ch. 110, par. 12-144)
Sec. 12-144.
Certificate assignable.
Every certificate which is given
by any officer to any
purchaser, under the provisions of Part 1 of Article XII of this Act
is assignable by
endorsement thereon, under the signature of such purchaser or his or her heirs,
executors, administrators or assigns, and every person to whom the same
is so assigned is entitled to the same benefits therefrom in
every respect, that the person therein named would be if the same
was not assigned.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-144.5)
Sec. 12-144.5.
Report of sale and confirmation of sale.
(a) When the premises mentioned in the certificate are
not redeemed in pursuance of law, the legal holder of the
certificate shall promptly make a report to the court that
issued the underlying judgment. The report shall include a
copy of the certificate of sale; an affidavit, under oath,
containing a good faith appraisal of the fair market value
of the property; and a listing of all liens and mortgages
including the value thereof.
(b) Upon motion and notice in accordance with court
rules applicable to motions generally, including notice to
the judgment debtor, the court issuing the underlying
judgment shall conduct a hearing to confirm the sale.
Unless the court finds that (i) notice as required by law
was not given, (ii) the terms of the sale were
unconscionable, (iii) the sale was conducted fraudulently,
or (iv) justice was otherwise not done, the court
shall then enter an order confirming the sale. In making
these findings, the court shall take into account the
purchase price at the sale in relation to the fair market
value of the property less the value of any mortgages and
liens.
(Source: P.A. 91-924, eff. 1-1-01.)
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(735 ILCS 5/12-145) (from Ch. 110, par. 12-145)
Sec. 12-145.
Time of execution of deed.
When the premises mentioned in
such certificate are not
redeemed in pursuance of law, and the court issuing the underlying judgment
has entered an order confirming the sale in accordance with Section 12-144.5,
the legal holder of the certificate is
entitled to a deed therefor at any time within 5 years from the
expiration of the time of redemption. The deed shall be executed by the
sheriff or other officer who made the sale, or by his or her successor in
office, or by some person specially appointed by the court for the
purpose. If the deed is not taken within the time limited by Part 1 of
Article XII of this Act,
the certificate of purchase is void unless the purchaser under the
certificate of sale has gone into possession of the premises under and
in reliance on the certificate of sale within the 5 year period. If,
however, the deed is wrongfully withheld by the officer whose duty it is
to execute it, or if the execution of the deed is restrained by
injunction or order of a court, the time during which the deed
is so withheld or the execution thereof restrained shall not be considered as
any part of the 5 years within which the holder is required to take a deed.
(Source: P.A. 91-924, eff. 1-1-01.)
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(735 ILCS 5/12-146) (from Ch. 110, par. 12-146)
Sec. 12-146.
Foreclosures subject to prior law.
Any sales of real estate
made pursuant
to a judgment foreclosing a mortgage or trust deed executed on or after
July 1, 1917 and before July 1, 1921 shall be governed by the law in effect
at the time such mortgage or trust deed was executed.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-147) (from Ch. 110, par. 12-147)
Sec. 12-147.
Form of deed.
The deed may be substantially, in the following
form:
Whereas, A.B. .... in the .... court of .... county recovered a judgment
against C.D. for the sum of .... and costs on (insert date) and a certified copy of the judgment, issued on (insert date), by virtue of which .... levied upon the premises hereinafter
described, and the time and place of the sale thereof having been duly
advertised according to law, the same were struck off and sold to ...., he or
she being the highest and best bidder therefor. (If the certificate has been
transferred, recite the fact.)
Now, therefore, I, ...., of the
county of ...., in consideration of the premises, hereby convey to ....,
his or her heirs and assigns, the following described lot or
parcel of land (here describe the premises) to have and to hold the
same with all the appurtenances thereto belonging forever.
............(Date).................(Signature)
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/12-148) (from Ch. 110, par. 12-148)
Sec. 12-148.
Effect of deed.
Such deed shall convey to the grantee
therein named all the
title, estate and interest of the judgment debtor, of every nature and kind,
in and to the premises thereby
conveyed, but such deed shall not be construed to contain any covenant
on the part of the officer executing the same.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-149) (from Ch. 110, par. 12-149)
Sec. 12-149.
Title acquired at sale.
The right, title and interest
of any purchaser acquired at
a sale made under or pursuant to any judgment in a proceeding in which
the court had jurisdiction of the subject matter and of the parties, and
who was not a party to such proceeding, and the right, title and
interest of any bona fide assignee or pledgee for value of the
certificate of sale under such certificate issued pursuant to a sale
based on such judgment rendered in such proceeding who was not a party
to such proceeding (whether the purchaser at such sale was a party or
not), shall not be affected by any reversal, modification or order
setting aside such judgment made in any proceeding to review such
judgment, unless at the time of such sale, assignment or pledge, an
appeal was pending which operated as a stay of enforcement of the judgment
or a petition under
Section 2-1401 of this Act had been filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-150) (from Ch. 110, par. 12-150)
Sec. 12-150.
Deed as evidence.
Any deed which has been heretofore,
or which may hereafter
be so executed, or which has been executed pursuant to Article XV of
this Act, or a certified copy of the record thereof,
shall be prima facie evidence that the provisions of the law in relation
to the sale of the property for which it is or may be given were
complied with; and in case of the loss or destruction of the record of
the judgment, or levy thereon, such deed or
certified copy of the record thereof shall be prima facie evidence of
the entry and existence of the judgment and levy thereunder as therein recited.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-152) (from Ch. 110, par. 12-152)
Sec. 12-152.
Certificate of levy.
When a certified copy of a judgment
is issued from a circuit court of any
county in this State, and levied upon any real estate, the officer making such
levy shall execute a certificate thereof and file the same in the office of
the recorder of the county in which such real estate is located or in
the office of the registrar of titles of such county if the real estate
levied upon is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. Unless a transcript, certified copy or
memorandum has been filed in the office of the recorder or in
the office of the registrar of titles of such county, as the case may
be, as provided by Section 12-101 of this Act, no judgment
or order shall become a lien upon either nonregistered or registered
real property until such certificate of levy has been filed as provided
in this Section and, if the real property levied upon is registered, a
memorial thereof is entered upon the register of the last certificate of
title to be affected.
(Source: P.A. 83-358.)
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(735 ILCS 5/12-153) (from Ch. 110, par. 12-153)
Sec. 12-153.
Form of certificate.
The certificate may be substantially
in the following form:
STATE OF ILLINOIS,) ) ss...... County. )
I (here state the name of the officer and the title of his or her office) do
hereby certify that by virtue of a judgment from the .... court of .... county,
in favor of ...., against ...., dated (insert date), I did, on (insert date),
levy upon the following premises. (Here describe the premises.)
(Signature.)
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/12-154) (from Ch. 110, par. 12-154)
Sec. 12-154.
Recordation of certificate.
Such certificate shall be
recorded by the recorder, in a
book to be kept for that purpose. The fee for recording such certificate
shall be collected as other costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-155) (from Ch. 110, par. 12-155)
Sec. 12-155.
Death of judgment creditor.
The collection of a judgment shall not
be delayed or hindered, or the lien created by law abate, by reason of
the death of any person in whose favor such judgment stands; but the
executor or administrator
may cause his or her letters of office
to be filed
in such court, after which the judgment may be enforced and proceeding had in
the name of the executor or administrator as such, in the same manner as
if the judgment had been recovered in his or her name.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-156) (from Ch. 110, par. 12-156)
Sec. 12-156.
Representative may purchase realty.
When it is necessary
in order to secure the collection of a judgment belonging to any estate
the executor or administrator shall bid for and become the purchaser of
real estate at the sale thereof by the sheriff, or other officer. The premises
so purchased shall be assets in his or her possession, and may be again
sold by him or her, with the approval of the circuit court, and the moneys
arising from such sale shall be accounted for and paid over as other moneys
in his or her possession.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-157) (from Ch. 110, par. 12-157)
Sec. 12-157.
Death of judgment debtor.
If a person dies, after a
court enters on judgment for the payment of money against him or her, the
judgment may be enforced against the real estate of such deceased person,
or a sale may be made under such judgment, without reviving the judgment
against his or her heirs, legatees or legal representatives. No sale
shall be made until after the expiration of 12 months from the death of
such deceased person, nor shall any sale be had on such judgment until the
person in whose
favor the judgment is sought to be enforced shall give to the executor or
administrator, or if there is neither, the heirs of the deceased, at least
3 months' notice of the existence of such judgment, before proceeding to
sell, which notice shall be in writing if the parties required to be notified
reside or may be found within the State, and their place of residence known,
otherwise publication notice shall be given in the same manner as is provided
for other civil cases.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-158) (from Ch. 110, par. 12-158)
Sec. 12-158.
Goods and chattels.
All goods and chattels, real and
personal, may be taken and sold to satisfy a judgment, except as otherwise
provided by law.
When any officer levies a judgment on livestock, or other personal property,
which is not immediately replevied or restored to the debtor, such officer
shall provide sufficient sustenance for the support of such livestock and
shall provide for the proper care and storage of such personal property
until it is replevied, sold or discharged from such judgment. The officer
shall receive a reasonable compensation therefor, to be determined by the
court which entered the judgment, to be advanced to him or her, from time
to time, by the judgment creditor, and the amount of such compensation shall
be collected as a part of the costs in the case.
If any goods or chattels levied upon are, in the opinion of the officer
making the levy, of a perishable nature and in danger of immediate waste
or decay, the officer shall request the judgment creditor to obtain from
the court which entered the judgment an order permitting that property to
be sold not later than 24 hours after the levy was made, upon due notice
of sale to the judgment debtor and to the public, as the court in its order
may require. The money from such a sale shall be retained by the sheriff
or other officer until the balance of the property levied upon is sold,
at which time it shall be paid to the judgment creditor with the proceeds
of the sale of the balance of the property. If the judgment creditor fails
or refuses to obtain such an order for sale of perishable property, the
sheriff or other officer making the levy shall be absolved of all responsibility
to any person for loss occasioned by the failure to sell or care for such
perishable property. The request of the sheriff or other officer shall be
in writing and shall be delivered to the judgment creditor
or his or her attorney or agent
and to the judgment debtor if found. If the judgment debtor is not found a copy of the
request shall be posted on the premises where the perishable items are
located. The judgment creditor's motion for an order of sale of perishable property
shall be treated as an emergency motion.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-159) (from Ch. 110, par. 12-159)
Sec. 12-159.
Gold and silver.
Current gold or silver coin, or other
legal tender, may be levied upon for the enforcement of a judgment and may
be paid over to the creditor as money collected.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-160) (from Ch. 110, par. 12-160)
Sec. 12-160.
Bills.
Bank bills, and all other bills or evidence of
debt, issued by a moneyed corporation and circulated as money, may be levied
upon for the enforcement of a judgment and paid to the creditor, at their
par value, as money collected, if he or she is willing to receive them;
otherwise they shall be sold like other chattels.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-161) (from Ch. 110, par. 12-161)
Sec. 12-161.
Security.
If there is reasonable doubt as to the ownership
of the goods, or as to their liability to be levied upon to satisfy the
judgment, the officer may require sufficient security to indemnify him or
her for levying upon them.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-162) (from Ch. 110, par. 12-162)
Sec. 12-162.
Delivery bond.
When personal property is levied upon,
or about to be levied upon, if the judgment debtor gives bond with sufficient
security, to be approved by the officer, payable to the creditor, in double
the amount of the judgment, conditioned to deliver the property levied upon
undamaged at the time and place where the same is to be sold, which shall
be named in the condition, the sheriff may allow the property to remain
with the judgment debtor.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-163) (from Ch. 110, par. 12-163)
Sec. 12-163.
When property not delivered.
If the property is not delivered
according to the condition of the bond, the officer having the certified
copy of the judgment may proceed to enforce the same in the same manner
as if no levy had been made.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-164) (from Ch. 110, par. 12-164)
Sec. 12-164.
Proceedings on delivery bond.
If the officer does not
obtain satisfaction of the judgment, he or she shall return the bond with
the certified copy of the judgment, and the creditor shall be allowed to
recover thereon the amount of the judgment, with interest and costs, or
if the value of the property so levied upon is shown by the judgment debtor
to be less than such judgment and costs, the value thereof, with 10%
damages
for the delay.
(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/12-165) (from Ch. 110, par. 12-165)
Sec. 12-165.
Second delivery bond.
No second delivery bond shall be
taken in behalf of a judgment debtor so failing to comply with the first,
nor shall a delivery bond be taken of his or her surety without the consent
of the judgment creditor.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-166) (from Ch. 110, par. 12-166)
Sec. 12-166.
Notice of sale of personalty.
Before any goods or chattels
are sold to satisfy a judgment, at least 10 days' previous notice of such
sale shall be given by posting notices thereof in 3 of the most public places
in the county where such sale is to be held, specifying the time when and
place where the same are to be sold.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-167) (from Ch. 110, par. 12-167)
Sec. 12-167.
Postponing sale.
The officer may postpone such sale from
time to time, not exceeding 10 days at one time, whenever, for want of bidders
or other good cause, he or she deems it for the interest of the parties
concerned. Notice of such postponement may be given at the time and place
fixed for the sale, or by posting notices as hereinbefore provided, but
if the postponement exceeds one day, the officer shall post notices thereof.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-168) (from Ch. 110, par. 12-168)
Sec. 12-168.
Return - Liability.
The officer making such sale shall,
in his or her return of the certified copy of the judgment particularly
describe the goods sold, and the sum for which each article was sold; and
if he or she is guilty of fraud in the sale or return, he or she shall be
liable, in a civil action to the party damaged, for 5 times the amount of
the actual damage sustained by reason of such fraud.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-169) (from Ch. 110, par. 12-169)
Sec. 12-169.
Marshalling proceeds.
If the goods or chattels sold to
satisfy the judgment have been attached by another creditor or seized on
another judgment either by the same or any other officer, or if before the
payment of the residue, after the satisfaction of the judgment to the debtor,
another attachment or judgment against the judgment debtor is delivered
to the officer who made the sale, the proceeds of the sale shall be applied
to the discharge of the several judgments in the order in which the respective
attachments or judgments become a lien or are entitled by law to share,
and the residue, if any, shall be returned to the debtor or his or her assigns.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-170)
Sec. 12-170. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-171)
Sec. 12-171. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-172)
Sec. 12-172. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-173)
Sec. 12-173. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-174)
Sec. 12-174. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-175)
Sec. 12-175. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-176) (from Ch. 110, par. 12-176)
Sec. 12-176.
Judgments between parties.
Judgments between the same
parties may be set off, one against another, if required by either party,
as prescribed in the following Section.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-177) (from Ch. 110, par. 12-177)
Sec. 12-177.
Multiple judgments.
When one of the judgments is delivered
to an officer to be enforced, the debtor therein may deliver his or her
judgment to the same officer, and the officer shall apply it, as far as
it will extend, to the satisfaction of the first judgment, and the balance
due on the larger judgment may be collected and paid in the same manner
as if there had been no set-off.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-178) (from Ch. 110, par. 12-178)
Sec. 12-178.
Cases excepted.
Such set-off shall not be allowed in
the following cases:
1. When the creditor in one of the judgments is not in the same capacity
and trust as the debtor in the other.
2. When the sum due on the first judgment was lawfully and in good faith
assigned to another person, before the creditor in the second judgment became
entitled to the sum due thereon.
3. When there are several creditors in one judgment, and the sum due on
the other is due from a part of them only.
4. When there are several debtors in one judgment, and the sum due on
the other is due to a part of them only.
5. It shall not be allowed as to so much of the first judgment as is due
to the attorney in that action for his or her fees and disbursements therein.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
Sec. 12-183. Release of judgment.
(a) Every judgment creditor, his or
her assignee of record or other legal representative having received full
satisfaction or payment of all such sums of money as are really due to him
or her from the judgment debtor on any judgment rendered in a court shall,
at the request of the judgment debtor or his or her legal representative,
execute and deliver to the judgment debtor or his or her legal representative
an instrument in writing releasing such judgment.
(b) If the judgment creditor, his or her assigns of record or other legal
representative to whom tender has been made of all sums of money due him
or her from the judgment debtor including interest, on any judgment entered
by a court, wilfully fails or refuses, at the request of the judgment debtor
or his or her legal representative to execute and deliver to the judgment
debtor or his or her legal representative an instrument in writing releasing
such judgment, the judgment debtor may petition the court in which such
judgment is of record, making tender therewith to the court of all sums
due in principal and interest on such judgment, for the use of the
judgment creditor, his or her executors, administrators or assigns, whereupon
the court shall enter an order satisfying the judgment and releasing all
liens based on such judgment.
(c) For the recording of assignment of any judgment the clerk of the
court in which such judgment is of record is allowed a fee of $2.
(d) A satisfaction of a judgment may be delivered to the judgment debtor,
his or her attorney or to the clerk of the court in which such judgment is of
record.
(e) The clerk shall not be allowed any fee for recording the satisfaction
of judgment. The clerk of the court shall make appropriate notation on the
judgment docket of the book and page where any release or assignment of
any judgment is recorded.
(f) No judgment shall be released of record except by an instrument in
writing recorded in the court in which such judgment is of record. However,
nothing contained in this Section affects in any manner the validity of
any release of judgment made, prior to January 1, 1952, in judgment and
execution dockets by the judgment creditor, his or her attorney, assignee
or other legal representative.
(g) The writ of audita querela is abolished and all relief heretofore
obtainable and grounds for such relief heretofore available, whether by the
writ of audita querela or otherwise, shall be available in every case by
petition hereunder, regardless of the nature of the order or judgment from
which relief is sought or of the proceeding in which it was entered. There
shall be no distinction between actions and other proceedings, statutory or
otherwise, as to availability of relief, grounds for relief or relief
obtainable. The petition shall be filed in the same proceeding in which the
order or judgment was entered and shall be supported by affidavit or other
appropriate showing as to matters not of record. All parties to the
petition shall be notified as provided by rule.
(h) Upon the filing of a release or satisfaction in full satisfaction
of judgment, signed by the party in whose favor the judgment was entered
or his or her attorney, the court may vacate the judgment, and dismiss
the action.
(i) Any judgment arising out of an order for support shall not be a
judgment to the extent of payments made as evidenced by the records of the
Clerk of the Circuit Court or State agency receiving payments pursuant to
the order. In the event payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or a State agency, then any judgment
arising out of each order for support may be released in the following manner:
(1) A Notice of Filing and an affidavit stating that | ||
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(2) Service of such affidavit shall be by any means | ||
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(3) The Notice of Filing shall set forth the name and | ||
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||
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(4) If no affidavit objecting to the satisfaction of | ||
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(Source: P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/Art. XII Pt. 2 heading) Part 2.
Trial of Right of Property
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(735 ILCS 5/12-201) (from Ch. 110, par. 12-201)
Sec. 12-201.
Procedure.
(a) Whenever a judgment or order of attachment,
entered by any court, shall be levied by any sheriff or coroner upon any
personal property, and such property is claimed by any person other than
the judgment debtor or defendant in such attachment, or is claimed by the
judgment debtor or defendant in attachment as exempt from levy or attachment
by virtue of the exemption laws of the State, by giving to the sheriff or
coroner notice, in writing, of his or her claim, and intention to prosecute
the same, it shall be the duty of such sheriff or coroner to notify the
circuit court of such claim.
(b) The court shall thereupon cause the proceeding to be entered of record,
and the claimant shall be made plaintiff in the proceeding, and the judgment
creditor or plaintiff in attachment shall be made defendant in such proceeding.
(c) The clerk of the circuit court shall thereupon issue a notice, directed
to the judgment creditor or plaintiff in attachment, notifying him or her
of such claim, and of the time and place of trial, which time shall be not
more than 10 days nor less than 5 days from the date of such notice.
(d) Such notice shall be served in the same manner as provided for the
service of summons in other civil cases, at least 5 days before the day
of trial; and if such notice is served less than 5 days before the day of
trial, the trial shall, on demand of either party, be continued for a period
not exceeding 10 days.
(e) In case return is made on such notice that the judgment creditor or
plaintiff in attachment cannot be found, the proceeding shall be continued
for a period not exceeding 90 days, and the judgment creditor or plaintiff
in attachment shall be notified of such proceeding by publication as in
other civil cases.
(f) If the judgment creditor or plaintiff in attachment, or his or her
attorney, shall at least 5 days before the day of trial, file with the clerk
of the circuit court his or her appearance in such proceeding, then it shall
not be necessary to notify such person as above provided.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-202) (from Ch. 110, par. 12-202)
Sec. 12-202.
Trial.
The trial shall proceed without written
pleadings in the same manner
as in other civil cases, and
may be by a jury if either
party demands one.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-203) (from Ch. 110, par. 12-203)
Sec. 12-203.
Subpoenas.
The clerk of the court shall issue subpoenas for
witnesses at the request of any party or the party's attorney.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-204) (from Ch. 110, par. 12-204)
Sec. 12-204.
Trial and judgment.
The court or the jury shall determine
the rights of the parties and the court shall enter judgment accordingly,
and the court shall direct the sheriff or coroner as to the disposition
of the property in the possession of the sheriff or coroner. In case the
property appears to belong to the claimant, when
the claimant is any person other than the judgment debtor or the defendant
in the attachment, or in case the property is found to be exempt from enforcement
of a judgment thereon
or attachment, when the claimant is the judgment debtor or the defendant
in the attachment, judgment shall be entered against the judgment creditor
or plaintiff in the
attachment for the costs, and the property levied on shall
be released, and in case it further appears that such claimant is
entitled to the immediate possession of such property, the court shall
order that such property be delivered to such claimant. If it
appears that the property does not belong to the claimant, or is not
exempt from the enforcement of a judgment thereon or attachment, as the
case may be, judgment shall
be entered against the claimant for costs, and an order shall be entered
that the sheriff or coroner proceed to sell the property levied on. The
judgment in such cases shall be a complete indemnity to the sheriff or coroner
in selling or restoring any such property, as the case may be.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-205) (from Ch. 110, par. 12-205)
Sec. 12-205.
Costs.
If the judgment is entered in favor of the claimant
as to part of the
property, and in favor of another party as to part,
then the court shall in its discretion apportion the costs; and the
sheriff, coroner and clerk of the court shall be entitled to the same fees as are
allowed by law for similar services.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XII Pt. 3 heading) Part 3.
Concealing Property
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(735 ILCS 5/12-301) (from Ch. 110, par. 12-301)
Sec. 12-301.
Contempt for concealing property.
Any person who hides or
conceals any property so that it cannot be taken by virtue
of an order or judgment or, on the officer's request
therefor, refuses to deliver property
to the officer having an order or judgment for the taking of the
property is guilty of contempt of court and subject to punishment
therefor.
(Source: P.A. 83-352.)
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(735 ILCS 5/Art. XII Pt. 4 heading) Part 4.
Redemption by State
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(735 ILCS 5/12-401) (from Ch. 110, par. 12-401)
Sec. 12-401.
Right of State as judgment creditor.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at a judicial or judgment
sale and such real estate is then subject to a lien or claim for lien in
favor of the People of the State of Illinois, which is junior and inferior
to the lien so enforced or foreclosed by or through that sale, the right
of the State to redeem by virtue of its lien from that sale or from the
lien so foreclosed or enforced ceases and terminates at the end of 12 months
from the date upon which it is filed for record in the Office
of the recorder for the County in which the lands so sold are situated, if
such lands are unregistered, or in the Office of the Registrar of Titles
for such County, if such lands are registered, a certified copy of the original
or duplicate recorded or registered certificate of such sale, such certified
copy being endorsed by the State's Attorney of such County, or his or her
assistant, showing service of a copy of such certificate upon him or her,
and upon such service such officer shall make such endorsement. Service may be made by
United States registered or certified mail.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-403) (from Ch. 110, par. 12-403)
Sec. 12-403.
Application.
The provisions of Part 4 of Article XII of
this Act shall not apply to any lien in
favor of the State of Illinois or notice of such lien arising under any
other Act containing provisions relating to the right of the State of
Illinois to redeem real estate sold at judicial or judgment sale.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-404) (from Ch. 110, par. 12-404)
Sec. 12-404.
Does not include where State is nominal party.
The term "lien
or claim for lien in favor of the People of
the State of Illinois," as used in Part 4 of Article XII of this Act,
means and includes a lien
or claim for lien in which the State of Illinois is a real party in
interest, and not a lien or claim for lien in the name of the People of
the State of Illinois as nominal plaintiff for the sole use or benefit
of others.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. XII Pt. 5 heading) Part 5.
Federal Judgments
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(735 ILCS 5/12-501) (from Ch. 110, par. 12-501)
Sec. 12-501. Registration of Federal judgments. Judgments of courts of
the United States held,
within this State, and all process, returns, certificates of the levy of a
process, and records of such courts may be registered, recorded, docketed,
indexed or otherwise dealt with in, the public offices of this State, so
as to make them conform to the rules and requirements relating to
judgments of courts of this State. A certified copy of a federal judgment order entered in this State may be filed in any circuit court and shall be afforded recognition as if it were a judgment entered in any other circuit court of this State.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-502) (from Ch. 110, par. 12-502)
Sec. 12-502.
Lien of Federal judgments.
Upon filing in the office of the
recorder in any
county of this State of a transcript, certified copy or memorandum of a
judgment entered in this State by a court of the
United States, such judgment shall be a lien upon the real
estate of the person against whom the same is entered, in the
county where filed, in like manner as judgments of courts of this State.
The term "memorandum" as used in this Section means a memorandum or copy of
the judgment signed by a judge of the court entering it and
showing the court in which entered, date, amount, case number
of the case in which entered, name of the party in whose favor
and name of the party against whom entered. However, no such
judgment shall be a lien on any real estate, registered under the
provisions of "An Act concerning land titles", approved May 1, 1897, as
amended, until the provisions of Section 85 of that Act have been
complied with.
(Source: P.A. 83-358.)
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(735 ILCS 5/Art. XII Pt. 6 heading) Part 6.
Foreign Judgments and Foreign-Money Claims
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(735 ILCS 5/12-618)
Sec. 12-618. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-619)
Sec. 12-619. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-620)
Sec. 12-620. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-621)
Sec. 12-621. (Repealed).
(Source: P.A. 95-865, eff. 8-19-08. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-622)
Sec. 12-622. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-623)
Sec. 12-623. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-624)
Sec. 12-624. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-625)
Sec. 12-625. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-626)
Sec. 12-626. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-630) (from Ch. 110, par. 12-630)
Sec. 12-630.
Short title; Uniform Foreign-Money Claims Act.
Sections
12-630 through 12-645 may be cited as the Uniform Foreign-Money Claims Act.
In those Sections, "this Act" means the Uniform Foreign-Money Claims Act.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-631) (from Ch. 110, par. 12-631)
Sec. 12-631.
Definitions.
In this Act:
(1) "Action" means a judicial proceeding or arbitration in which a
payment in money may be awarded or enforced with respect to a foreign-money
claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a
bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on
which money, in accordance with this Act, is:
(i) paid to a claimant in an action or distribution | ||
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(ii) paid to the official designated by law to | ||
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(iii) used to recoup, set-off, or counterclaim in | ||
| ||
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding
for the distribution of a fund in which one or more foreign-money claims is
asserted and includes an accounting, an assignment for the benefit of
creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity, and the distribution of an estate, trust,
or other fund.
(5) "Foreign money" means money other than money of the United States
of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a
claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or
a store of value authorized or adopted by a government or by
inter-governmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant
to Section 12-634.
(9) "Person" means an individual, a corporation, government or
governmental subdivision or agency, business trust, estate, trust, joint
venture, partnership, association, 2 or more persons having a joint or
common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may
be converted into money of another country in a free financial market
convenient to or reasonably usable by a person obligated to pay or to state
a rate of conversion. If separate rates of exchange apply to different
kinds of transactions, the term means the rate applicable to the particular
transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is
sold by a bank or other dealer in foreign exchange for immediate or next
day availability or for settlement by immediate payment in cash or
equivalent, by charge to an account, or by an agreed delayed settlement not
exceeding 2 days.
(12) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-632) (from Ch. 110, par. 12-632)
Sec. 12-632.
Scope.
(a) This Act applies only to a foreign-money claim
in an action or distribution proceeding.
(b) This Act applies to foreign-money issues even
if other law under the conflict of laws rules of this
State applies to other issues in the action or
distribution proceeding.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-633) (from Ch. 110, par. 12-633)
Sec. 12-633.
Variation by agreement.
(a) The effect of this Act may be varied by agreement of the parties
made before or after commencement of an action or distribution proceeding
or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a
transaction giving rise to a foreign-money claim and may agree to use
different moneys for different aspects of the transaction. Stating the
price in a foreign money for one aspect of a transaction does not alone
require the use of that money for other aspects of the transaction.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-634) (from Ch. 110, par. 12-634)
Sec. 12-634.
Determining money of the claim.
(a) The money in which the parties to a transaction have agreed that
payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the
proper money of the claim, as in each case may be appropriate, is the money:
(1) regularly used between the parties as a matter of | ||
| ||
(2) used at the time of a transaction in | ||
| ||
(3) in which the loss was ultimately felt or will be | ||
| ||
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-635) (from Ch. 110, par. 12-635)
Sec. 12-635.
Determining amount of the money of certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by
a specified amount of a different money, the amount to be paid is
determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be
measured by a different money at the rate of exchange prevailing on a date
before default, that rate of exchange applies only to payments made within
a reasonable time after default, not exceeding 30 days. Thereafter,
conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the
agreement on which it is based provides that the amount of the debtor's
obligation to be paid in the debtor's money, when received by the creditor,
must equal a specified amount of the foreign money of the country of the
creditor. If, because of unexcused delay in payment of a judgment or
award, the amount received by the creditor does not equal the amount of the
foreign money specified in the agreement, the court or arbitrator shall
amend the judgment or award accordingly.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-636) (from Ch. 110, par. 12-636)
Sec. 12-636.
Asserting and defending foreign-money claim.
(a) A person may assert a claim in a specified foreign money. If a
foreign-money claim is not asserted, the claimant makes the claim in United
States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in
part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment, or counterclaim
in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-637) (from Ch. 110, par. 12-637)
Sec. 12-637.
Judgments and awards on foreign-money claims; times of
money conversion; form of judgment.
(a) Except as provided in subsection (c), a judgment or award on a
foreign-money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in that
foreign money or, at the option of the debtor, in the amount of United
States dollars which will purchase that foreign money on the conversion
date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited
on a judgment or award on a foreign-money claim in the amount of the
foreign money that could be purchased by the dollars at a bank-offered spot
rate of exchange at or near the close of business on the conversion date
for that payment.
(e) A judgment or award made in an action or distribution proceeding on
both (i) a defense, set-off, recoupment, or counterclaim and (ii) the
adverse party's claim, must be netted by converting the money of the
smaller into the money of the larger, and by subtracting the smaller from
the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with
subsection (a):
IT IS ADJUDGED AND ORDERED, that Defendant (insert | ||
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(g) If a contract claim is of the type covered by Section 12-635(a) or
(b), the judgment or award must be entered for the amount of money stated
to measure the obligation to be paid in the money specified for payment or,
at the option of the debtor, the number of United States dollars which will
purchase the computed amount of the money of payment on the conversion date
at a bank-offered spot rate.
(h) A judgment must be filed and indexed in foreign money in the same
manner, and has the same effect as a lien, as other judgments. It may be
discharged by payment.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-638) (from Ch. 110, par. 12-638)
Sec. 12-638.
Conversions of foreign money in distribution proceeding.
The rate of exchange prevailing at or near the close of business on the day
the distribution proceeding is initiated governs all exchanges of foreign
money in a distribution proceeding. A foreign-money claimant in a
distribution proceeding shall assert its claim in the named foreign money
and show the amount of the United States dollars resulting from a
conversion as of the date the proceeding was initiated.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-639) (from Ch. 110, par. 12-639)
Sec. 12-639.
Pre-judgment and judgment interest.
(a) With respect to a foreign-money claim, recovery of pre-judgment or
pre-award interest and the rate of interest to be applied in the action or
distribution proceeding, except as provided in subsection (b), are matters
of the substantive law governing the right to recovery under the
conflict-of-laws rules of this State.
(b) The court or arbitrator shall increase or decrease the amount of
pre-judgment or pre-award interest otherwise payable in a judgment or award
in foreign-money to the extent required by the law of this State governing
a failure to make or accept an offer of settlement or offer of judgment, or
conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the
rate applicable to judgments of this State.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-640) (from Ch. 110, par. 12-640)
Sec. 12-640.
Enforcement of foreign judgments.
(a) If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is recognized in
this State as enforceable, the enforcing judgment must be entered as
provided in Section 12-637, whether or not the foreign judgment confers an
option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be filed in accordance with any rule or
statute of this State providing a procedure for its recognition and
enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on
proof thereof, must be credited against the amount of foreign money
specified in the judgment, notwithstanding the entry of judgment in this State.
(d) A judgment entered on a foreign-money claim only in United States
dollars in another state must be enforced in this State in United States
dollars only.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-641) (from Ch. 110, par. 12-641)
Sec. 12-641.
Determining United States dollar value of foreign-money
claims for limited purposes.
(a) Computations under this Section are for the limited purposes of the
Section and do not affect computation of the United States dollar
equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of
provisional remedies in an action, the value in United States dollars of
assets to be seized or restrained pursuant to a writ of attachment,
garnishment, execution, or other legal process, the amount of United States
dollars at issue for assessing costs, or the amount of United States
dollars involved for a surety bond or other court-required undertaking,
must be ascertained as provided in subsections (c) and (d).
(c) A party seeking process, costs, bond, or other undertaking under
subsection (b) shall compute in United States dollars the amount of the
foreign money claimed from a bank-offered spot rate prevailing at or near
the close of business on the banking day next preceding the filing of a
request or application for the issuance of process or for the determination
of costs, or an application for a bond or other court-required undertaking.
(d) A party seeking the process, costs, bond, or other undertaking under
subsection (b) shall file with each request or application an affidavit or
certificate executed in good faith by its counsel or a bank officer,
stating the market quotation used and how it was obtained, and setting
forth the calculation. Affected court officials incur no liability, after
a filing of the affidavit or certificate, for acting as if the judgment
were in the amount of United States dollars stated in the affidavit or
certificate.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-642) (from Ch. 110, par. 12-642)
Sec. 12-642.
Effect of currency revalorization.
(a) If, after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money substitutes a new
money in place of that money, the obligation or the loss is treated as if
expressed or incurred in the new money at the rate of conversion the
issuing country establishes for the payment of like obligations or losses
denominated in the former money.
(b) If substitution under subsection (a) occurs after a judgment or
award is entered on a foreign-money claim, the court or arbitrator shall
amend the judgment or award by a like conversion of the former money.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-643) (from Ch. 110, par. 12-643)
Sec. 12-643.
Supplementary general principles of law.
Unless
displaced by particular provisions of this Act, the principles of law and
equity, including the law merchant, and the law relative to capacity to
contract, principal and agent, estoppel, fraud, misrepresentation, duress,
coercion, mistake, bankruptcy, or other validating or invalidating causes
supplement its provisions.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-644) (from Ch. 110, par. 12-644)
Sec. 12-644.
Uniformity of application and construction.
This Act
shall be applied and construed to effectuate its general purpose to make
uniform the law with respect to the subject of this Act among states
enacting it.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-645) (from Ch. 110, par. 12-645)
Sec. 12-645.
Transitional provision.
This Act applies to actions and
distribution proceedings commenced after its effective date.
(Source: P.A. 86-1291.)
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(735 ILCS 5/12-650) (from Ch. 110, par. 12-650)
Sec. 12-650.
Short Title.
Sections 12-650 through
12-657 of this Act may be cited as the Uniform
Enforcement of Foreign Judgments Act.
(Source: P.A. 87-358; 87-895.)
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(735 ILCS 5/12-651) (from Ch. 110, par. 12-651)
Sec. 12-651.
Definition.
As used in Sections 12-650
through 12-657, "foreign judgment" means any
judgment, decree, or order of a court of the United States or of any other
court which is entitled to full faith and credit in this State.
(Source: P.A. 87-358; 87-895.)
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(735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
Sec. 12-652. Filing and Status of Foreign Judgments.
(a) A
copy of any foreign judgment authenticated in accordance with the acts of
Congress or the statutes of this State may be filed in the office of the
circuit clerk for any county of this State. The clerk shall treat the
foreign judgment in the same manner as a judgment of the circuit court for
any county of this State. A judgment so filed has the same effect and is
subject to the same procedures, defenses and proceedings for reopening,
vacating, or staying as a judgment of a circuit court for any county of
this State and may be enforced or satisfied in like manner. A judgment filed or registered under this Act shall be construed to be an original Illinois judgment from the date it is filed with the clerk of the circuit court and for purposes of enforcement and revival, shall be treated in exactly the same manner as an Illinois judgment entered on that same date.
(b) A foreign judgment or lien arising by operation of law, and resulting
from an order requiring child support payments shall be entitled to full faith
and credit in this State, shall be enforceable in the same manner as any
judgment or lien of this State resulting from an order requiring child support
payments, and shall not be required to be filed with the office of the circuit
clerk in any county of this State, except as provided for in Sections 10-25 and
10-25.5 of the Illinois Public Aid Code.
(c) A foreign order of protection issued by the court of another state,
tribe, or
United States territory is entitled to full faith and credit in this State, is
enforceable in the same manner as any order of protection issued by a circuit
court for any county of this State, and may be filed with the circuit clerk in
any county of this State as provided in Section 222.5 of the Illinois Domestic
Violence Act of 1986 or Section 22.5 of the Code of Criminal Procedure of 1963.
A
foreign order of protection shall not be required to be filed with the circuit
clerk to be entitled to full faith and credit in this State.
(Source: P.A. 97-350, eff. 1-1-12.)
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(735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
Sec. 12-653.
Notice of Filing.
(a) At the time of the filing of the foreign judgment, the judgment
creditor or his lawyer shall make and file with the circuit clerk an
affidavit setting forth the name and last known post office address of the
judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of a foreign judgment (other than
a
foreign
order of protection) and the affidavit,
the clerk shall mail notice of the filing of the foreign judgment to the
judgment debtor at the address given and shall make a note of the mailing
in the docket. The notice shall include the name and post office address
of the judgment creditor and the judgment creditor's lawyer, if any, in
this State. In addition, the judgment creditor may mail a notice of the
filing of the judgment to the judgment debtor and may file proof of mailing
with the clerk. Lack of mailing notice of filing by the clerk shall not
affect the enforcement proceedings if proof of mailing by the judgment
creditor has been filed.
(c) The clerk shall not mail notice of the filing of a foreign order of
protection to the respondent named in the order.
(Source: P.A. 91-903, eff. 1-1-01.)
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(735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
Sec. 12-654. Stay.
(a) If the judgment debtor shows the circuit court that an appeal from
the foreign judgment is pending or will be taken, or that a stay of
execution has been granted, the court shall stay enforcement of the foreign
judgment until the appeal is concluded, the time for appeal expires, or the
stay of execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the judgment
required by the state in which it was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which
enforcement of a judgment of any circuit court for any county of this State
would be stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period, upon requiring the same security for
satisfaction of the judgment which is required in this State.
(Source: P.A. 99-642, eff. 7-28-16.)
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(735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
Sec. 12-655.
Fees.
(a) Any person filing a foreign judgment
shall pay a fee to the circuit clerk equivalent to the fee which would be
required were the person filing a complaint seeking the amount awarded in
the foreign judgment. Fees for docketing, transcription or other enforcement
proceedings shall be as provided for judgments of the circuit court.
(b) The clerk shall not charge a fee to any person to register a
foreign order of protection.
(Source: P.A. 91-903, eff. 1-1-01.)
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(735 ILCS 5/12-656) (from Ch. 110, par. 12-656)
Sec. 12-656.
Optional Procedure.
The right of a
judgment creditor to bring an action to enforce his judgment instead of
proceeding under this Act remains unimpaired.
(Source: P.A. 87-358; 87-895.)
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(735 ILCS 5/12-657) (from Ch. 110, par. 12-657)
Sec. 12-657.
Uniformity of Interpretation.
This Act
shall be so interpreted and construed as to effectuate its general purpose
to make uniform the law of those states which enact it.
(Source: P.A. 87-358; 87-895.)
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(735 ILCS 5/12-661) Sec. 12-661. Short title. Sections 12-661 through 12-672 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. In those Sections, "this Act" means the Uniform Foreign-Country Money Judgments Recognition Act.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-662) Sec. 12-662. Definitions. In this Act: "Foreign country" means a government other than: (A) the United States; (B) a state, district, commonwealth, territory, or | ||
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(C) any other government with regard to which the | ||
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"Foreign-country judgment" means a judgment of a court of a foreign country.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-663) Sec. 12-663. Applicability. (a) Except as otherwise provided in subsection (b), this Act applies to a foreign-country judgment to the extent that the judgment: (1) grants or denies recovery of a sum of money; and (2) under the law of the foreign country where | ||
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(b) This Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is: (1) a judgment for taxes; (2) a fine or other penalty; or (3) a judgment for divorce, support, or maintenance, | ||
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(c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this Act applies to the foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-664) Sec. 12-664. Standards for recognition of foreign-country judgment. (a) Except as otherwise provided in subsections (b) and (c), a court of this State shall recognize a foreign-country judgment to which this Act applies. (b) A court of this State may not recognize a foreign-country judgment if: (1) the judgment was rendered under a judicial | ||
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(2) the foreign court did not have personal | ||
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(3) the foreign court did not have jurisdiction over | ||
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(c) A court of this State need not recognize a foreign-country judgment if: (1) the defendant in the proceeding in the foreign | ||
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(2) the judgment was obtained by fraud that deprived | ||
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(3) the judgment or the cause of action on which the | ||
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(4) the judgment conflicts with another final and | ||
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(5) the proceeding in the foreign court was contrary | ||
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(6) in the case of jurisdiction based only on | ||
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(7) the judgment was rendered in circumstances that | ||
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(8) the specific proceeding in the foreign court | ||
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(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-665) Sec. 12-665. Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally | ||
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(2) the defendant voluntarily appeared in the | ||
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(3) the defendant, before the commencement of the | ||
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(4) the defendant was domiciled in the foreign | ||
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(5) the defendant had a business office in the | ||
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(6) the defendant operated a motor vehicle or | ||
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(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-666) Sec. 12-666. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-667) Sec. 12-667. Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 12-666 finds that the foreign-country judgment is entitled to recognition under this Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) conclusive between the parties to the same extent | ||
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(2) enforceable in the same manner and to the same | ||
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(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-668) Sec. 12-668. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-669) Sec. 12-669. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-670) Sec. 12-670. Uniformity of interpretation. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-671) Sec. 12-671. Saving clause. This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this Act.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-672) Sec. 12-672. Act application. This Act applies to all actions commenced on or after the effective date of this amendatory Act of the 97th General Assembly in which the issue of recognition of a foreign-country judgment is raised.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/Art. XII Pt. 7 heading) Part 7.
Garnishment
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(735 ILCS 5/12-701) (from Ch. 110, par. 12-701)
Sec. 12-701.
Affidavit for garnishment; Contents.
Upon the filing by a
judgment creditor, its attorney or other designee of (1) an affidavit that the
affiant believes any person is indebted to the judgment debtor, other than for
wages, or has in his or her possession, custody or control any other property
belonging to the judgment debtor, or in which the judgment debtor has an
interest, which person shall be identified as the garnishee, and includes the
last address of the judgment debtor known to the affiant as well as the name of
the judgment debtor, (2) the garnishment notice required by Section 12-705, and
(3) written interrogatories to be answered by the garnishee with respect to the
indebtedness or other property, the clerk of the court in which the judgment
was entered shall issue summons against the person named in the affidavit
commanding him or her to appear in the court as garnishee and answer the
interrogatories in writing under oath. The interrogatories shall require that
the garnishee certify that a copy of the completed interrogatories, as
specified in subsection (b) of Section 12-707, has been mailed to the judgment
debtor and shall be in a form consistent with local court rules.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-702) (from Ch. 110, par. 12-702)
Sec. 12-702.
(Repealed).
(Source: P.A. 82-280. Repealed by 89-364, eff. 1-1-96.)
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(735 ILCS 5/12-703) (from Ch. 110, par. 12-703)
Sec. 12-703.
Garnishment of administrators and executors.
Administrators and executors may be summoned as garnishees regarding
indebtedness or other property belonging to any heir or distributee of
any estate, but judgment shall not be rendered against an administrator
or an executor until an order of distribution is entered by the court
which appointed him or her.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-704) (from Ch. 110, par. 12-704)
Sec. 12-704.
Exemptions from garnishment.
Benefits and refunds payable
by pension or retirement funds or systems and any assets of employees held
by such funds or systems, and any monies an employee is required to pay
to such funds or systems are exempt and are not subject to garnishment under
Part 7 of Article XII of this Act.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
Sec. 12-705. Summons.
(a) Summons shall be returnable not less than 21 nor more than 40 days after
the date of issuance. Summons with one copy of the interrogatories shall be
served and returned as in other civil cases. If the garnishee is served with
summons less than 10 days prior to the return date, the court shall continue
the case to a new return date 14 days after the return date stated on the
summons. The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by the
attorney for the judgment creditor, setting forth the amount of the judgment,
the name of the court and the number of the case and one copy of a garnishment
notice in substantially the following form:
"GARNISHMENT NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If no attorney is listed): (Insert name and address) Amount of Judgment: $(Insert amount) Name of Garnishee: (Insert name) Return Date: (Insert return date specified in summons)
NOTICE: The court has issued a garnishment summons against the garnishee
named above for money or property (other than wages) belonging to the
judgment debtor or in which the judgment debtor has an interest. The
garnishment summons was issued on the basis of a judgment against the
judgment debtor in favor of the judgment creditor in the amount stated above.
The amount of money or property (other than wages) that may be garnished
is limited by federal and Illinois law. The judgment debtor has the right
to assert statutory exemptions against certain money or property of the
judgment debtor which may not be used to satisfy the judgment in the amount
stated above.
Under Illinois or federal law, the exemptions of personal property owned
by the debtor include the debtor's equity interest, not to exceed $4,000
in
value, in any personal property as chosen by the debtor; Social Security
and SSI benefits; public assistance benefits; unemployment compensation
benefits; workers' compensation benefits; veterans' benefits; circuit
breaker property tax relief benefits; the debtor's equity interest, not to
exceed $2,400
in value, in any one motor vehicle, and the debtor's equity
interest, not to exceed $1,500
in value, in any implements, professional
books or tools of the trade of the debtor.
The judgment debtor may have other possible exemptions from garnishment
under the law.
The judgment debtor has the right to request a hearing before the court
to dispute the garnishment or to declare exempt from garnishment certain
money or property or both. To obtain a hearing in counties with a
population of 1,000,000 or more, the judgment debtor must
notify the Clerk of the Court in person and in writing at (insert address
of Clerk) before the return date specified above or appear in court on the
date and time on that return date. To obtain a hearing in counties with a
population of less than 1,000,000, the judgment debtor must notify the
Clerk of the Court in writing at (insert address of Clerk) on or before the
return date specified above. The Clerk of the Court will provide a hearing
date and the necessary forms that must be prepared by the judgment debtor or
the attorney for the judgment debtor and sent to the judgment creditor and the
garnishee regarding the time and location of the hearing. This notice may be
sent by regular first class mail."
(b) An officer or other person authorized by law to serve process shall
serve the summons, interrogatories and the garnishment notice required by
subsection (a) of this Section upon the garnishee and shall, (1) within 2
business days of the service upon the garnishee, mail a copy of the
garnishment notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the garnishment notice
and (2) within 4 business days of the service upon the garnishee file with
the clerk of the court a certificate of mailing in substantially the following
form:
"CERTIFICATE OF MAILING
I hereby certify that, within 2 business days of service upon the
garnishee of the garnishment summons, interrogatories and garnishment
notice, I served upon the judgment debtor in this cause a copy of the
garnishment summons and garnishment notice by first class mail to the
judgment debtor's address as indicated in the garnishment notice.
Date:............ .........................
Signature"
In the case of service of the summons for garnishment upon the garnishee
by certified or registered mail, as provided in subsection (c) of this Section,
no sooner than 2 business days nor later than 4 business days after the date of
mailing, the clerk shall mail a copy of the garnishment notice and the summons
to the judgment debtor by first class mail at the judgment debtor's address
indicated in the garnishment notice, shall prepare the Certificate of Mailing
described by this subsection, and shall include the Certificate of Mailing in a
permanent record.
(c) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for
garnishment may be made as follows:
(1) For each garnishee to be served, the judgment | ||
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(2) The clerk shall mail to the garnishee, at the | ||
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(3) The return receipt must be attached to the | ||
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(4) The clerk shall note the fact of service in a | ||
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(d) The garnishment summons may be served and returned in the manner provided by Supreme Court Rule for service, otherwise than by publication, of a notice for additional relief upon a party in default. (Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
Sec. 12-706. Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer
as required by Part 7 of Article XII
of this Act, the court may enter a conditional judgment
against the garnishee for the amount due upon the judgment against the
judgment debtor. A summons to confirm the conditional judgment may issue
against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the
judgment should not be made final. If the garnishee, after being served
with summons to confirm the conditional judgment or after being notified
as provided in subsection (b) hereof, fails to appear and answer, the
court shall confirm such judgment to the amount of the judgment against
the judgment debtor and award costs. If the garnishee appears and
answers, the same proceedings may be had as in other cases.
(b) If any garnishee becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the garnishee may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in the same
manner as if he or she had been personally served with summons to confirm the
conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/12-707) (from Ch. 110, par. 12-707)
Sec. 12-707.
Duties of garnishee.
(a) To the extent of the amount due upon the judgment and costs, the
garnishee shall hold, subject to the order of the court any non-exempt
indebtedness or other non-exempt property in his or her possession, custody
or control belonging to the judgment debtor or in which the
judgment debtor has any interest. The judgment or balance due thereon becomes
a lien on the indebtedness and other property held by the
garnishee at the time of the service of garnishment summons and remains
a lien thereon pending the garnishment proceeding.
(b) The garnishee shall file, on or before the return date, or
within the further time that the court for cause may allow, a written
answer under oath to the interrogatories, setting forth as of the date
of service of the garnishment summons any indebtedness due or to
become due to the judgment debtor and any other property in his, her or its
possession, custody or control belonging to the judgment debtor or in which
the judgment debtor has an interest. The garnishee shall mail, by first class
mail, a copy of the answer to the judgment creditor or its attorney and to the
judgment debtor at the address specified in the affidavit filed under Section
12-701 of this Act, or at any other address or location of the judgment debtor
known to the garnishee, and shall certify in the answer that it was so mailed
to the judgment debtor.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-708) (from Ch. 110, par. 12-708)
Sec. 12-708.
Deductions and set-offs of garnishee.
The garnishee is entitled to assert against the indebtedness due to the
judgment debtor offsetting claims against either or both the judgment
creditor and the judgment debtor, whether due at the time of service
of the garnishment summons or thereafter to become due and whether
liquidated or unliquidated, except claims for unliquidated damages for
actions sounding in tort. To the extent that other property
belonging to the judgment debtor or in which the judgment debtor has
an interest is pledged to or held by the garnishee in good faith as
security or that the garnishee has other just claim against the
other property, the garnishee is entitled to retain the other property.
The garnishee is liable for the balance of the indebtedness due to the
judgment debtor after the offsetting claims are adjusted and for
the balance of other property after deducting property to which the
garnishee has just claim. The verdict or finding and judgment shall show
the amount of offsetting claims or deductions allowed against each
party.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-709) (from Ch. 110, par. 12-709)
Sec. 12-709.
Negotiable paper.
No person shall be liable as a garnishee by reason of having drawn,
accepted, made or endorsed a negotiable instrument in the possession of the
judgment debtor at the time of either (1) service of the garnishment summons
or (2) entry of judgment when the negotiable instrument is not due.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-710) (from Ch. 110, par. 12-710)
Sec. 12-710. Adverse claims; Trial.
(a) In the event any indebtedness or other property due from or in the
possession of a garnishee is claimed by any other person, the court shall
permit the claimant to appear and maintain his or her claim. A claimant not
voluntarily appearing shall be served with notice as the court shall direct.
If a claimant fails to appear after being served with notice in the manner
directed, he or she shall be concluded by the judgment entered in the
garnishment proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor, the judgment debtor, and the garnishee, he or she is then a
party to the garnishment proceeding; and his or her claim shall be tried and
determined with the other issues in the garnishment action. Upon certification
by the Department of Healthcare and Family Services (formerly Illinois Department of Public Aid) that a person who is receiving
support payments under this Section is a public aid recipient, any support
payments subsequently received by the clerk of the court shall be transmitted
to the Department until the Department gives notice to
cease such transmittal. If the adverse claimant is entitled to all or part of
the indebtedness or other property, the court shall enter judgment in
accordance with the interests of the parties.
(c) Claims for the support of a spouse or dependent children shall
be superior to all other claims for garnishment of property.
(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/12-711) (from Ch. 110, par. 12-711)
Sec. 12-711.
Contest of answer and trial.
(a) The judgment creditor or the judgment debtor may contest the
truth or sufficiency of the garnishee's answer and the court shall immediately,
unless for good cause the hearing is postponed, proceed to try the issues. The
answer of the garnishee shall be considered denied without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the garnishment or to seek exemptions for
certain moneys or property by notifying the clerk of the court before that
time, using forms as may be provided by the clerk of the court. To obtain
a hearing in counties with a population of 1,000,000 or more, the judgment
debtor must notify the clerk of the court in person and in writing at the
clerk's office before the return date specified in the summons, or appear in
court on the date and time specified in the summons. To obtain a hearing
in counties with a population of less than 1,000,000, the judgment debtor
must notify the clerk of the court in writing at the clerk's office on or
before the return date specified in the summons. The clerk of the court
will provide a prompt hearing date and the necessary forms that must be
prepared by the judgment debtor or the attorney for the judgment debtor and
sent to the judgment creditor and the garnishee, or their attorneys,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail. At the hearing the court shall immediately,
unless for good cause the hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding or verdict is against a garnishee, appropriate judgment
or other orders shall be entered against the garnishee and in favor
of the judgment debtor to whom the garnishee is indebted, or for whom
the garnishee holds property, for the use of the judgment creditor, in
the same manner as if the facts are admitted.
(e) No garnishment order shall be entered in favor of the judgment
creditor unless the certificate of mailing required by subsection (b) of
Section 12-705 is filed and the garnishee's answer to the
interrogatories certifies that a copy of the answer was mailed to the
judgment debtor in accordance with Section 12-707 of this Act.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-712) (from Ch. 110, par. 12-712)
Sec. 12-712.
Effect of judgment - Discharge no bar.
Judgment against a garnishee shall be enforceable as in other civil
cases and shall discharge the garnishee of all claims by the judgment
debtor for the indebtedness or other property paid, delivered or
accounted for by the garnishee by virtue of the judgment in garnishment.
The discharge of a garnishee is no bar to an action by the judgment
debtor for the same claim.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-713) (from Ch. 110, par. 12-713)
Sec. 12-713.
No judgment until debt due.
If the debt from the garnishee to the judgment debtor is not due,
judgment shall not be entered against the garnishee until the debt is
due, either by the terms of the agreement giving rise thereto or by
acceleration as therein provided.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-714) (from Ch. 110, par. 12-714)
Sec. 12-714.
Property surrendered in enforcement of a judgment and disposition thereof.
(a) A garnishee having property other than money belonging to the
judgment debtor, which the garnishee is obligated to deliver to the
judgment debtor, shall deliver to the officer holding a certified copy of
the judgment for the enforcement thereof against
the judgment debtor so much thereof as is necessary to satisfy
the amount due upon the judgment and costs.
(b) If mortgaged or pledged property is in the possession of a garnishee,
or property is held for the payment of a debt to the garnishee, the
judgment creditor may, under order of court, pay or tender the amount
due to the garnishee; and the garnishee shall thereupon deliver the
property to the officer holding the certified copy of the judgment for the
enforcement thereof against the judgment
debtor.
(c) Nothing contained in Part 7 of Article XII of this Act shall be
construed to prevent the
garnishee from selling property in his or her possession for the payment of claims
for which it is mortgaged, pledged or otherwise held at any time before
the amount due to the garnishee is paid or tendered, if the sale would be
authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the
payment of money, and if the promise, condition or other act to be
performed can be performed by the judgment creditor without damage to
other parties, the court may permit performance by the judgment
creditor. Upon performance, or a tender of performance, by the judgment
creditor the garnishee shall deliver the property to the officer holding
the certified copy of the judgment for the enforcement thereof against the
judgment debtor.
(e) Property received by an officer as described in this Section
shall be sold in the same manner as if levied upon for the satisfaction
of a judgment for the payment of money and
from the proceeds of sale the officer shall repay the judgment creditor
the amount paid the garnishee for the redemption, with interest, or
shall indemnify the judgment creditor for acts done or performed
pursuant to order of court in the redemption.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-715) (from Ch. 110, par. 12-715)
Sec. 12-715.
Refusal or neglect of garnishee to deliver property.
If a garnishee refuses or neglects to deliver property in his or her possession
when ordered by the court or upon request by the officer holding a certified
copy of the judgment for enforcement thereof
against the judgment debtor, the garnishee may be attached and
punished for contempt; or the court may enter judgment against the garnishee
for the value of
the property or the amount due upon the judgment and costs, whichever is the
lesser, and have same enforced against the garnishee.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-716) (from Ch. 110, par. 12-716)
Sec. 12-716.
Costs and fees.
(a) The costs of obtaining a garnishment order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case those
costs shall be paid by the judgment creditor.
(b) No fee shall be paid by a garnishee for filing his, her or its
appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of
the garnishment summons or at any time thereafter, unless he or she is
subpoenaed to appear as a witness, in which case he or she is entitled to
witness fees as in other civil cases.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-717) (from Ch. 110, par. 12-717)
Sec. 12-717.
Death of garnishee and procedure thereafter.
Upon the death of a garnishee, the procedure shall be the same as in
the case of the death of a defendant in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-718) (from Ch. 110, par. 12-718)
Sec. 12-718.
Powers of court.
If the garnishee has in his or her possession, custody or control any
property belonging to the defendant or which he or she is obligated to deliver
to the defendant, with or without condition, the court may enter all
proper orders for the delivery thereof to the proper officer,
the sale or disposition of the same, and the discharging of any lien
thereon, and may authorize the garnishee to collect any indebtedness
or to sell any other property and account for the proceeds. The
court, when necessary to further the purposes and provisions of Part 7
of Article XII of this
Act, may compel the judgment debtor to do or to refrain from doing any
specific act or deed; or the court may appoint a receiver to
collect any indebtedness or to take possession, sell or otherwise
dispose of any other property, and enter all orders in regard thereto
which are necessary and equitable between the parties.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-719) (from Ch. 110, par. 12-719)
Sec. 12-719.
Transfer of interest by heir or legatee.
No assignment, transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the garnishment, unless (1) prior to the service of
garnishment summons upon the administrator or executor, the transfer or
other disposition is reduced to writing and (2) the writing is filed in
the office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XII Pt. 8 heading) Part 8.
Wage Deductions
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(735 ILCS 5/12-801) (from Ch. 110, par. 12-801)
Sec. 12-801.
Definitions.
As used in Part 8 of Article XII of this Act:
"Deduction order" means an order entered pursuant to Section 12-811 of
this Act.
"Employer" means the person named as employer in the affidavit filed
under Section 12-805.
"Federal agency employer" means an agency of the federal government as
defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a
judgment by confession which has not been confirmed as provided in Part
8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other
compensation owed by an employer to a judgment debtor.
(Source: P.A. 89-28, eff. 6-23-95.)
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(735 ILCS 5/12-802) (from Ch. 110, par. 12-802)
Sec. 12-802.
Force and effect of order.
A deduction order entered under
Part 8 of Article XII of this Act shall have the force
and effect and be enforceable as a judgment.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
Sec. 12-803. Wages subject to collection. The wages,
salary, commissions and bonuses subject to collection under a deduction
order, for any work week shall be the lesser of (1) 15% of such
gross amount paid for that week or (2) the amount by which disposable
earnings for a week exceed 45 times the Federal Minimum Hourly Wage
prescribed by Section 206(a)(1) of Title 29 of the United States Code, as
amended, or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater, in effect at the time the amounts are payable. This provision
(and no other) applies irrespective of the place where the compensation was
earned or payable and the State where the employee resides. No amounts
required by law to be withheld may be taken from the amount collected by
the creditor. The term "disposable earnings" means that part of the
earnings of any individual remaining after the deduction from those
earnings of any amounts required by law to be withheld.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-804) (from Ch. 110, par. 12-804)
Sec. 12-804.
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-805) (from Ch. 110, par. 12-805)
Sec. 12-805. Summons; Issuance.
(a) Upon the filing by a judgment creditor, its attorney or other designee
of (1) an affidavit that the affiant believes any person is indebted to the
judgment debtor for wages due or to become due, as provided in Part 8 of
Article XII of this Act, and includes the last address of the judgment
debtor known to the affiant as well as the name of the judgment debtor, and
a certification by the judgment creditor or his attorney that, before
filing the affidavit, the wage deduction notice has been mailed to the
judgment debtor by first class mail at the judgment debtor's last known
address, and (2) written interrogatories to be answered by the employer
with respect to the indebtedness, the clerk of the court in which the
judgment was entered shall issue summons against the person named in the
affidavit as employer commanding the employer to appear in the court and
answer the interrogatories in writing under oath. The interrogatories shall
elicit all the information necessary to determine the proper amount of
non-exempt wages. The interrogatories shall require that the employer
certify that a copy of the completed interrogatories as specified in
subsection (c) of Section 12-808 has been mailed or hand delivered to the
judgment debtor and shall be in a form consistent with local court rules.
The summons shall further command federal agency employers, upon effective
service of summons pursuant to 5 USC 5520a, to commence to pay over deducted
wages in accordance with Section 12-808.
The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by
the attorney for the judgment creditor, setting forth the date and amount
of the
judgment,
allowable costs expended, interest accumulated, credits paid by or on behalf
of the judgment debtor and the balance due the judgment creditor, and one copy of
a wage deduction notice in substantially the following form:
"WAGE DEDUCTION NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and Address of Attorney for Judgment Creditor or of Judgment Creditor (if no attorney is listed): (Insert name and address) Amount of Judgment: $.......... Employer: (Name of Employer) Return Date: (Insert return date specified in summons)
NOTICE: The court shall be asked to issue a wage deduction summons against
the employer named above for wages due or about to become due to you.
The wage deduction summons may be issued on the basis of a judgment against
you in favor of the judgment creditor in the amount stated above.
The amount of wages that may be deducted is limited by federal and
Illinois law.
(1) Under Illinois law, the amount of wages that may | ||
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(2) Under federal law, the amount of wages that may | ||
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(3) Pension and retirement benefits and refunds may | ||
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You have the right to request a hearing before the court
to dispute the wage deduction because the wages are exempt. To obtain a
hearing in counties with a population of 1,000,000 or more, you
must notify the Clerk of the Court in person and in writing at (insert
address of Clerk) before the Return Date specified above or appear
in court on the date and time on that Return Date. To obtain a
hearing in counties with a population of less than 1,000,000, you
must notify the Clerk of the Court in writing at (insert address of
clerk) on or before the Return Date specified above.
The Clerk of the Court will provide a hearing date and the necessary
forms that must be prepared by you or your attorney and
sent to the judgment creditor and the employer, or their attorney,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail."
(b) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for a
wage deduction may be made as follows:
(1) For each employer to be served, the judgment | ||
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(2) The clerk shall mail to the employer, at the | ||
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(3) The return receipt must be attached to the | ||
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(4) The clerk shall note the fact of service in a | ||
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(c) Instead of personal service, a summons for a wage deduction may
be served and returned in the manner provided by Supreme Court rule for
service, otherwise than by publication, of a notice for additional relief upon
a
party in default.
(Source: P.A. 94-306, eff. 1-1-06.)
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(735 ILCS 5/12-806) (from Ch. 110, par. 12-806)
Sec. 12-806. Service and return of summons. Summons shall be returnable
not less than 21 nor more than 40 days after the date of
issuance. Summons
with one copy of the interrogatories and one copy of the judgment or
certification and one copy of the wage deduction notice specified in
Section 12-805 of this Act shall be served on the employer and returned as
in other civil cases as provided by Illinois Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default.
If the employer is served with summons less than 3 days prior to
the
return date, the court shall continue the case to a new return date not
less than 21 days after the service of the summons.
(Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/12-807) (from Ch. 110, par. 12-807)
Sec. 12-807. Failure of employer to appear. (a) If an employer fails
to appear and answer as required by Part 8 of Article XII of this Act, the
court may enter a conditional judgment against the
employer for the amount due upon the judgment against the judgment
debtor. A summons to confirm the conditional judgment may issue against
the employer returnable not less than 21 nor more than 40 days after the
date of issuance, commanding the employer to show cause why the judgment
should not be made final. Service of the summons after conditional judgment shall be as provided by Supreme Court Rule 105 for service, otherwise than by publication, of a notice for additional relief upon a party in default. If the employer, after being served with
summons to confirm the conditional judgment or after being notified as
provided in subsection (b) hereof, fails to appear and answer, the court
shall confirm such judgment to the amount of the judgment against the
judgment debtor and award costs. If the employer appears and
answers, the same proceedings may be had as in other cases.
(b) If an employer becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the employer may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in
the same manner as if he or she had been personally served with summons to
confirm the conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/12-808) (from Ch. 110, par. 12-808)
Sec. 12-808. Duty of employer.
(a) An employer served as herein provided shall pay the
employee the amount of his or her exempt wages.
(b) To the extent of the amount due upon the judgment and costs, the
employer shall hold, subject to order of court, any non-exempt wages due or
which subsequently come due. The judgment or balance due thereon is
a lien on wages due at the time of the service of summons, and such lien
shall continue as to subsequent earnings until the total amount due upon
the judgment and costs is paid, except that such lien on subsequent
earnings shall terminate sooner if the employment relationship is
terminated or if the underlying judgment is vacated or modified.
(b-5) If the employer is a federal agency employer and the creditor is
represented by an attorney, then the employer, upon service of summons and to
the extent of the amount due upon the judgment and costs, shall commence to pay
over to the attorney for the judgment creditor any non-exempt wages due or that
subsequently come due. The attorney for the judgment creditor shall thereafter
hold the deducted wages subject to further order of the court and shall make
answer to the court regarding amounts received from the federal agency
employer. The federal agency employer's periodic payments shall be considered
a sufficient answer to the interrogatories.
(c) Except as provided in subsection (b-5),
the employer shall file, on or before the return date or within the
further time that the court for cause may allow, a written answer under
oath to the interrogatories, setting forth the amount due as wages to
the judgment debtor for the payroll periods ending immediately prior to the service of the summons and a summary of the
computation used to determine the amount of non-exempt wages. Except as
provided in subsection (b-5), the
employer shall mail by first class mail or hand deliver a copy of the
answer to the judgment debtor at the address specified in the affidavit
filed under Section 12-805 of this Act, or at any other address or location
of the judgment debtor known to the employer.
A lien obtained hereunder shall have priority over any subsequent
lien obtained hereunder, except that liens for the support of a spouse
or dependent children shall have priority over all other liens obtained
hereunder. Subsequent summonses shall be effective in the order in which they are served.
(d) The Illinois Supreme Court may by rule allow an employer to file
answers to interrogatories by facsimile transmission.
(e) Pursuant to answer under oath to the interrogatories by the employer,
an order shall be entered compelling the employer to deduct from wages of the
judgment debtor subject to collection under a deduction order an amount which is the lesser of (i) 15% of the gross amount of the wages or (ii) the
amount by which disposable earnings for a week exceed 45 times the Federal
Minimum Hourly Wage prescribed by Section 206(a)(1) of Title 29 of the United
States Code, as amended, in effect at the time the amounts are payable, for
each pay period in which statutory exemptions under Section 12-804 and child
support garnishments, if any, leave funds to be remitted or, under a wage deduction summons served on or after January 1, 2006, the minimum hourly wage prescribed by Section 4 of the Minimum Wage Law, whichever is greater. The order shall
further provide that deducted wages shall be remitted to the creditor or
creditor's attorney on a monthly basis.
(f) If after the entry of a deduction order, the employer ceases to remit funds to the plaintiff pursuant to the order without a lawful excuse (which would terminate the employer's obligation under the deduction order such as the debtor having filed a bankruptcy, the debtor having left employment or the employer having received service of a support order against the judgment debtor having priority over the wage deduction proceedings), the court shall, upon plaintiff's motion, enter a conditional judgment against the employer for the balance due on the judgment. The plaintiff may then issue a Summons After Conditional Judgment. After service of the Summons After Conditional Judgment, the employer may show cause why the conditional judgment, or some portion thereof should not be made a final judgment. If the employer shall fail to respond or show cause why the conditional judgment or some portion thereof should not be
made final, the court shall confirm the conditional judgment and make it final as to the employer plus additional court costs.
(Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-808.5)
Sec. 12-808.5. Certification of judgment balance. Whenever a wage
deduction order has not been fully satisfied by the end of the first full
calendar quarter following the date of service of the wage deduction
summons:
(1) The judgment creditor or his attorney shall | ||
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(2) The certification shall be mailed or delivered to | ||
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(3) In the event that the plaintiff fails to provide | ||
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(4) Any party to the wage deduction proceeding may, | ||
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(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-809) (from Ch. 110, par. 12-809)
Sec. 12-809.
Offsetting claims.
The employer is entitled to assert
against indebtedness due
to the judgment debtor offsetting claims against either or both the
judgment creditor and the judgment debtor, whether (1) due at the time
of service of the summons or thereafter to become due and (2) liquidated
or unliquidated, except demands for unliquidated claims for actions
sounding in tort. The employer is liable for the balance of indebtedness
due the judgment debtor after the offsetting claims are adjusted. The
verdict or finding and judgment shall show the amount of offsetting
claims or deductions allowed against each party.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-810) (from Ch. 110, par. 12-810)
Sec. 12-810.
Adverse claims.
(a) In the event any indebtedness or
other property due from
or in the possession of an employer is claimed by any other person, the court
shall permit the claimant to appear and maintain his or her claim. A claimant
not voluntarily appearing shall be served with notice in person or by
certified or registered mail. If a claimant fails to appear after being
served with notice in the manner directed, he or she shall be concluded by the
judgment entered in the proceeding against any claim on the wages
involved in that proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor and the employer, he or she is then a party to the proceeding, and his
or her claim shall be tried and determined with the other issues in the action.
If the adverse claimant is entitled to all or part of the indebtedness
or other property, the court shall enter judgment in accordance with the
interest of the parties.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-811) (from Ch. 110, par. 12-811)
Sec. 12-811.
Trial and judgment.
(a) The judgment creditor or the judgment debtor may contest the truth or
sufficiency of the employer's answer and, in accordance with local court
rules, the court shall immediately, unless for good cause the hearing is
postponed, proceed to try the issues. The answer of the employer may be
contested without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the wage deduction because the wages are
exempt by notifying the clerk of court before that time, using forms as may
be provided by the clerk of the court. To obtain a hearing
in counties with a population of 1,000,000 or more, the judgment debtor
must notify the clerk of court in person and in writing at the clerk's office
before the return date specified in the summons or appear in court on the
date and time specified in the summons. To obtain a hearing in counties
with a population of less than 1,000,000, the judgment debtor must notify
the clerk of the court in writing at the clerk's office on or before the
return date specified in the summons. The Clerk of Court will provide a
hearing date and the necessary forms that must be prepared by the judgment
debtor or the attorney for the judgment debtor and sent to the judgment
creditor and the employer, or their attorney, regarding the time and
location of the hearing. This notice may be sent by regular first class
mail. At the hearing the court shall immediately, unless for good cause the
hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding is against an employer, a deduction order shall
be entered against the employer and in favor of the judgment debtor to
whom the employer is indebted, in the same manner as if the facts are
admitted.
(e) No deduction order shall be entered in favor of the judgment
creditor unless the affidavit filed by the judgment creditor certifies that
a copy of the wage deduction notice has been mailed to the judgment debtor,
under Section 12-805, and the employer's answer provides a summary of the
computation used to determine the amount of non-exempt wages.
If the employer is a federal agency employer, a deduction order shall be
entered in favor of the judgment creditor if (i) the affidavit filed by the
judgment creditor certifies that a copy of the wage deduction notice has been
mailed to the judgment debtor under Section 12-805 and (ii) the federal agency
employer identifies, on or with its periodic payments made under subsection
(b-5) of Section 12-808, the computation method used to determine the amount of
non-exempt wages. A federal agency employer shall not be required to provide a
summary of the computation used to determine the amount of non-exempt wages.
(Source: P.A. 89-28, eff. 6-23-95.)
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(735 ILCS 5/12-812) (from Ch. 110, par. 12-812)
Sec. 12-812.
Effect of order.
A deduction order against an employer
shall be enforceable
as in other civil cases and shall discharge the employer of all claims by
the judgment debtor for the indebtedness paid, delivered or accounted
for by the employer by virtue of the order. The discharge of an employer
is no bar to an action by the judgment debtor for the same claim.
Entry of the deduction order shall discharge the federal agency employer of
all claims by the judgment debtor for the indebtedness paid and delivered by
the employer and accounted for by the attorney for the judgment creditor under
this Section.
(Source: P.A. 89-28, eff. 6-23-95.)
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(735 ILCS 5/12-813) (from Ch. 110, par. 12-813)
Sec. 12-813.
Judgment by confession.
A judgment by confession without
service of process on the
defendant shall not be the basis for seeking a deduction order, unless
such judgment is confirmed after service of process by a trial de novo,
as if such confession of judgment had not been obtained,
except that if it appears by the return of the officer on the first summons
that the employee is not found, alias summonses subsequently issued may
be served upon the employee by leaving a copy thereof with the employee's
employer, or leaving a copy thereof at the usual place of business of the
employer with his or her superintendent, manager, cashier, general agent
or clerk, pursuant to an affidavit filed by the creditor with the clerk
of the court stating the identity of the employee's employer, and that the
employee is actively employed at the time such alias is sought, and except that if
a notice of defense has been filed
to a wage
assignment as provided in Section 4.1 of "An Act to promote the welfare
of wage earners by regulating the assignment of wages, and prescribing a
penalty for the violation thereof", approved July 1, 1935, as amended, the
debtor may be served by registered or
certified mail within 6 months after the filing of such defense on a
wage assignment in the action to confirm the judgment by confession and
such mailing by the creditor to the address shown on the notice of
defense shall constitute service of the summons.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-814) (from Ch. 110, par. 12-814)
Sec. 12-814. Costs and fees.
(a) The costs of obtaining a deduction order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case
those costs shall be paid by the judgment creditor.
(b) No fee shall be paid by an employer for filing his or her appearance,
answer or satisfaction of judgment against him or her.
(c) A fee consisting of 2% of the amount
required to be deducted by any deduction order shall be allowed and paid
to the employer, and the amount so paid shall be charged to the judgment
debtor.
(d) No other fee shall be paid to an employer at the time of service
of the summons or at any other time thereafter unless he or she is subpoenaed
to appear as a witness, in which case he or she is entitled to witness fees as
in other civil cases.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-815) (from Ch. 110, par. 12-815)
Sec. 12-815.
Death of employer.
Upon the death of an employer the procedure
shall be the
same as in the case of the death of a defendant in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-816) (from Ch. 110, par. 12-816)
Sec. 12-816.
Assignment, transfer or other disposition.
No assignment,
transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the deduction order, unless (1) prior to the service of
summons upon the administrator or executor, the transfer or other
disposition is reduced to writing and (2) the writing is filed in the
office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-817) (from Ch. 110, par. 12-817)
Sec. 12-817.
Wrongful issuance of summons.
If any person wrongfully
causes summons to issue for a
deduction order, he or she shall be liable to the employee and the employer for
all damages occasioned by such action including reasonable attorney's
fees, which damages or attorney's fees may be proved in the same action
in which the summons was wrongfully issued.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-818) (from Ch. 110, par. 12-818)
Sec. 12-818.
Discharge or suspension of employee prohibited.
No employer may discharge or suspend any employee by reason of the
fact that his or her earnings have been subjected to a deduction order for any
one indebtedness. Any person violating this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-819) (from Ch. 110, par. 12-819)
Sec. 12-819. Limitations on Part 8 of Article XII. The provisions of
this Part 8 of Article XII of this Act
do not apply to orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution
of Marriage Act, the Non-Support of Spouse and Children Act, the Non-Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act, the Illinois Parentage Act of 1984, and the Illinois Parentage Act of 2015 for
support of a child or maintenance of a spouse.
(Source: P.A. 99-85, eff. 1-1-16.)
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(735 ILCS 5/Art. XII Pt. 9 heading) Part 9.
Exemption of Homestead
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(735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
Sec. 12-901. Amount. Every individual
is entitled to an estate of
homestead to the extent in value of $15,000 of his or her
interest in
a farm or lot of land and
buildings thereon, a condominium, or personal property,
owned or rightly possessed by lease or otherwise
and occupied by him or her as a residence, or in a cooperative that owns
property that the individual uses as a residence. That
homestead and all
right in and title to that homestead is exempt from
attachment, judgment, levy,
or judgment sale for the payment of his or her debts or other purposes and
from the laws of conveyance, descent, and legacy, except as provided in this
Code or in Section 20-6 of
the Probate Act of
1975. This
Section is not
applicable
between joint tenants or tenants in common but it is applicable as to any
creditors of those persons.
If 2 or more individuals own property that is exempt as a homestead, the
value of the exemption of each individual may not exceed his or her
proportionate share of $30,000 based upon percentage of
ownership.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-902) (from Ch. 110, par. 12-902)
Sec. 12-902.
Exemption after death or desertion.
Such exemption shall
continue after the death of such
individual, for the benefit of the spouse surviving,
so long as he or she continues to occupy such homestead, and of the children
until the youngest child becomes 18 years of age; and in case the spouse
deserts his or her family, the exemption shall continue in favor of the
one occupying the premises as a residence.
(Source: P.A. 82-783.)
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(735 ILCS 5/12-903) (from Ch. 110, par. 12-903)
Sec. 12-903. Extent of exemption. No property shall, by virtue of Part
9 of this Article, be exempt
from sale for
nonpayment of taxes or assessments, or for a debt or liability incurred
for the purchase or improvement thereof, or for enforcement of a lien
thereon pursuant to paragraph (g)(1)
of Section 9 of the "Condominium
Property Act", approved June 20, 1963, as amended,
or be exempt from enforcement of an eviction order
pursuant to paragraph (a)(7) or (a)(8) of Section 9-102 of this Code.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/12-903.5)
Sec. 12-903.5. Drug asset forfeitures.
(a) The homestead exemption under this Part 9 of Article XII does not apply
to property subject to forfeiture under Section 505 of the Illinois Controlled
Substances Act, Section 12 of the Cannabis Control Act, Section 85 of the Methamphetamine Control and Community Protection Act, or Section 5 of the
Narcotics Profit Forfeiture Act.
(b) This Section applies to actions pending on or commenced on or after the
effective date of this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
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(735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
Sec. 12-904. Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be
valid, unless the same is in writing, signed by the individual
and his
or her spouse, if he or she have one, or possession is abandoned or
given pursuant to the conveyance; or if the exception is continued to a
child or children without the order of a court directing a release
thereof; but if a conveyance is made by an individual
as grantor to his
or her spouse, such conveyance shall be effectual to pass the title
expressed therein to be conveyed thereby, whether or not the grantor in
such conveyance is joined therein by his or her spouse.
In any case
where such release, waiver or conveyance is taken by way of
mortgage or security, the same shall only be operative as to such
specific release, waiver or conveyance; and when the same includes
different pieces of land, or the homestead is of greater value than
$15,000, the other lands shall first be sold before resorting to
the
homestead, and in case of the sale of such homestead, if any balance
remains after the payment of the debt and costs, such balance
shall, to the extent of $15,000 be exempt, and be applied upon
such
homestead exemption in the manner provided by law.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-905) (from Ch. 110, par. 12-905)
Sec. 12-905.
Dissolution of marriage.
In case of a dissolution of marriage,
the court granting the dissolution of marriage may
dispose of the homestead estate according to the equities of the case.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
Sec. 12-906. Proceeds of sale. When a homestead is conveyed by the owner
thereof, such
conveyance shall not subject the premises to any lien or incumbrance to
which it would not be subject in the possession of such owner; and the
proceeds thereof, to the extent of the amount of $15,000, shall
be
exempt from judgment or other process, for one year after the receipt
thereof, by the person entitled to the exemption, and if reinvested in a
homestead the same shall be entitled to the same exemption as the
original homestead.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-907) (from Ch. 110, par. 12-907)
Sec. 12-907.
Insurance proceeds.
Whenever a building, exempted as a
homestead, is insured in
favor of the person entitled to the exemption, and a loss occurs,
entitling such person to the insurance, such insurance money shall be
exempt to the same extent as the building would have been had it not
been destroyed.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-908) (from Ch. 110, par. 12-908)
Sec. 12-908.
Enforcement of lien.
In the enforcement of a lien in
the circuit court upon
premises, including the homestead, if such right is not waived or
released, as provided in Part 9 of Article XII of this Act, the court
may set off the homestead
and order the sale of the balance of the premises, or, if the value of
the premises exceeds the exemption, and the premises cannot be divided, the court
may order the sale of the whole and the payment of the amount of the
exemption to the person entitled thereto.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
Sec. 12-909. Bid for less than exempted amount. No sale shall be made
of the premises on such judgment
unless a greater sum than $15,000 is bid therefor. If a
greater sum is not so bid, the judgment may be set aside or modified, or
the enforcement of the judgment released, as for lack of property.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
Sec. 12-910. Proceedings to enforce judgment. If in the opinion of the
judgment creditors, or the officer holding a certified copy of a judgment
for enforcement against such individuals, the premises claimed by him or her
as exempt are worth more than $15,000, such officer shall summon
3 individuals,
as commissioners, who shall, upon oath, to be administered
to them by the officer, appraise the premises, and if, in their opinion,
the property may be divided without damage to the interest of the
parties, they shall set off so much of the premises, including the dwelling
house, as in their opinion is worth $15,000, and the
residue of the premises may be advertised and sold by such officer. Each
commissioner shall receive for his or her services the sum of $5 per day
for each day necessarily engaged in such service. The officer summoning such
commissioners shall receive such fees as may be allowed for serving
summons, but shall be entitled to charge mileage for only the actual
distance traveled from the premises to be appraised, to the residence of
the commissioners summoned. The officer shall not be required
to summon commissioners until the judgment creditor, or some one for him
or her, shall advance to the officer one day's fees for the commissioners,
and unless the creditor shall advance such fees the officer shall not be
required to enforce the judgment. The costs of such appraisement shall not
be taxed against the judgment debtor unless such appraisement
shows that the judgment debtor has property subject to such judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
Sec. 12-911. Notice to judgment debtor. In case the value of the premises
is, in the opinion of the commissioners, more than $15,000, and
cannot be
divided as is provided for in Section 12-910 of this Act, they shall make
and sign an appraisal of the value thereof, and deliver the same to the
officer, who shall deliver a copy thereof to the judgment debtor, or to
some one of the family of the age of 13 years or upwards, with a
notice thereto attached that
unless the judgment debtor pays to such officer the surplus over and above
$15,000 on the amount due on the judgment within 60 days
thereafter, such
premises will be sold.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
Sec. 12-912. Sale of premises - Distribution of proceeds. In case of such
surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell the premises,
and out of the proceeds of such sale pay to such judgment debtor the sum
of $15,000, and apply the balance on the judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
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(735 ILCS 5/Art. XII Pt. 10 heading) Part 10.
Exemption of Personal Property
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(735 ILCS 5/12-1001)
(from Ch. 110, par. 12-1001)
Sec. 12-1001. Personal property exempt. The following personal property,
owned by the debtor, is exempt from judgment, attachment, or distress for rent:
(a) The necessary wearing apparel, bible, school | ||
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(b) The debtor's equity interest, not to exceed | ||
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(c) The debtor's interest, not to exceed $2,400 in | ||
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(d) The debtor's equity interest, not to exceed | ||
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(e) Professionally prescribed health aids for the | ||
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(f) All proceeds payable because of the death of the | ||
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(g) The debtor's right to receive:
(1) a social security benefit, unemployment | ||
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(2) a veteran's benefit;
(3) a disability, illness, or unemployment | ||
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(4) alimony, support, or separate maintenance, to | ||
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(h) The debtor's right to receive, or property that | ||
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(1) an award under a crime victim's reparation | ||
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(2) a payment on account of the wrongful death of | ||
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(3) a payment under a life insurance contract | ||
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(4) a payment, not to exceed $15,000 in value, on | ||
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(5) any restitution payments made to persons | ||
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For purposes of this subsection (h), a debtor's right | ||
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(i) The debtor's right to receive an award under Part | ||
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(j) Moneys held in an account invested in the | ||
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(1) any contribution to such account by the | ||
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(2) any contributions to such account by the | ||
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(3) any contributions to such account by the | ||
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For purposes of this subsection (j), "account" | ||
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Money due the debtor from the sale of any personal property that was
exempt from judgment, attachment, or distress for rent at the
time of the sale is exempt from attachment and garnishment to the same
extent that the property would be exempt had the same not been sold by
the debtor.
If a debtor owns property exempt under this Section and he or she purchased
that property with the intent of converting nonexempt property into exempt
property or in fraud of his or her creditors, that property shall not be
exempt from judgment, attachment, or distress for rent. Property acquired
within 6 months of the filing of the petition for bankruptcy shall be presumed
to have been acquired in contemplation of bankruptcy.
The personal property exemptions set forth in this Section shall apply
only to individuals and only to personal property that is used for personal
rather than business purposes. The personal property exemptions set forth
in this Section shall not apply to or be allowed
against any money, salary, or wages due or to become due to the debtor that
are required to be withheld in a wage
deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 100-922, eff. 1-1-19.)
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(735 ILCS 5/12-1002) (from Ch. 110, par. 12-1002)
Sec. 12-1002.
Schedule of property.
It shall not be necessary for the
debtor against whom a judgment or attachment was entered or distress warrant
was issued to
make a schedule of his or her personal property to enable him or her
to secure the
exemption and to retain the property enumerated in paragraph (b) of
Section 12-1001 of this Act, but whenever any debtor against whom a judgment
or attachment was entered or distress warrant was issued,
desires to avail himself or herself of the benefit of this Act to make a
selection
of certain household furniture (in case such property is worth more than
the amount he or she is entitled to retain) or to select other personal
property instead of household furniture or to select part household
furniture and part other personal property he or she shall, within 10 days
after a copy of the judgment, attachment or distress warrant is served upon
him or her in the same manner as summonses are served in other civil cases,
such copies of the judgment,
attachment or distress warrant to
have endorsed thereon a notice signed by the officer having such document,
notifying the debtor that he or she must file a schedule of his or her property within
10 days from the service thereof in order to claim his or her exemption under
Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule
of all his or her personal
property of every kind and character, including money on hand and debts
due and owing to the debtor and shall deliver the same to the officer
having the certified copy of the judgment, attachment or distress warrant, or file
the same in the court which entered the document, which schedule shall be
subscribed and sworn to by the debtor, and any property owned by the
debtor, and not included in such schedule shall not be exempt, and thereupon
the court which entered
the judgment or attachment or issued the distress warrant shall summon 3
householders,
who, after being duly sworn to fairly and impartially appraise the
property of the debtor, shall fix a fair valuation upon each article
contained in such schedule, and the debtor shall then select from such
schedule the articles he or she may desire to retain, the aggregate
value of which shall not exceed the amount exempted, to which he or she
may be entitled, and deliver the remainder to the officer having the document;
and the officer having such document is authorized to
administer the oaths required herein of the debtor and appraisers. In
case no schedule is filed, it shall be the duty of the officer
to exempt and disregard the articles enumerated in paragraphs (a), (e),
(f), (g) and (h) of
Section 12-1001 of this Act and the personal property
if it is worth not more than the
amount the debtor is entitled to have exempted under paragraphs (b), (c)
and (d) of
Section 12-1001 of this Act and if the personal property is worth more
than the amount
of the exemption to which the debtor is entitled, the court
which entered the judgment or the attachment order or the distress warrant issued
shall secure a fair and impartial appraisal of the personal property
in the same manner as all the personal property is appraised when a
schedule is filed, and after such valuation, such officer shall
select and exempt personal property to the amount
to which the debtor
is entitled to retain. When the judgment debtor has presented a sufficient
schedule of all his or her personal estate, the return of such judgment
unsatisfied, shall
not render it necessary for such judgment debtor, for the purpose of
availing himself or herself of the benefits of the exemption laws of this state, to
present an additional schedule unless additional property has been
acquired, before 90 days from the date of the issuance of the certified
copy of the judgment.
(Source: P.A. 83-968.)
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(735 ILCS 5/12-1003) (from Ch. 110, par. 12-1003)
Sec. 12-1003.
When family entitled to exemptions.
When the head of
a family dies, deserts or does not reside
with the same, the family shall be entitled to and receive all the
benefit and privileges which are by Part 10 of Article XII of this Act conferred
upon the head of
a family residing with the same.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-1004) (from Ch. 110, par. 12-1004)
Sec. 12-1004.
Judgment for wages.
No personal property shall be exempt
from levy of attachment
or judgment if the debt or judgment is for the wages of any laborer
or employee, providing the court entering judgment finds that the
claim sued for is for wages due such person as laborer or employee,
which finding shall be expressly stated in the judgment.
(Source: P.A. 83-1362.)
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(735 ILCS 5/12-1005) (from Ch. 110, par. 12-1005)
Sec. 12-1005.
Liability for seizing exempt property.
If any officer by
virtue of any judgment or process,
or any other person by any right of distress takes or seizes any of
the articles of property exempted from levy and sale, as provided in Part
10 of Article XII of this Act,
such officer or person shall be liable in a civil action to the party damaged for double
the value of the property so illegally taken or seized
and costs of the action.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006)
Sec. 12-1006.
Exemption for retirement plans.
(a) A debtor's interest in or right, whether vested or not, to the
assets held in or to receive pensions, annuities, benefits, distributions,
refunds of contributions, or other payments under a retirement plan is
exempt from judgment, attachment, execution, distress for rent, and seizure
for the satisfaction of debts if the plan (i) is intended in good faith to
qualify as a retirement plan under applicable provisions of the Internal
Revenue Code of 1986, as now or hereafter amended, or (ii) is a public
employee pension plan created under the Illinois Pension Code, as now or
hereafter amended.
(b) "Retirement plan" includes the following:
(1) a stock bonus, pension, profit sharing, annuity, | ||
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(2) a government or church retirement plan or | ||
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(3) an individual retirement annuity or individual | ||
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(4) a public employee pension plan created under the | ||
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(c) A retirement plan that is (i) intended in good faith to qualify as a
retirement plan under the applicable provisions of the Internal Revenue
Code of 1986, as now or hereafter amended, or (ii) a public employee
pension plan created under the Illinois Pension Code, as now or hereafter
amended, is conclusively presumed to be a spendthrift trust under the law
of Illinois.
(d) This Section applies to interests in retirement plans held by
debtors subject to bankruptcy, judicial, administrative or other
proceedings pending on or filed after August 30, 1989.
(Source: P.A. 86-393; 86-1329.)
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(735 ILCS 5/Art. XII Pt. 11 heading) Part 11.
Garnishment in Violation of Exemption
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(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) (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 heading) Part 12.
Exemption in Bankruptcy
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(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 heading) Part 14.
Orders to Take into Custody
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(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 heading) ARTICLE XIII
LIMITATIONS
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(735 ILCS 5/Art. XIII Pt. 1 heading) Part 1.
Real Actions
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(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) (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) (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) (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) (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) (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) (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) 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) (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) (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) 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) (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) (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) (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) (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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(735 ILCS 5/13-114) (from Ch. 110, par. 13-114)
Sec. 13-114. Seventy-five year limitation. No deed, will, estate, proof
of heirship, plat, affidavit
or other instrument or document, or any court proceeding, order or
judgment, or any agreement, written or unwritten, sealed or unsealed, or
any fact, event, or statement, or any part or copy of any of the
foregoing, relating to or affecting the title to real estate in the
State of Illinois, which happened, was administered, or was executed,
dated, delivered, recorded or entered into more than 75 years prior to
July 1, 1872, or such subsequent date as the same is
offered, presented, urged, claimed, asserted, or appears against any
person hereafter becoming interested in the title to any real estate, or
to any agent or attorney thereof, shall adversely to the party or
parties hereafter coming into possession of such real estate under claim
or color of title or persons claiming under him, her or them, constitute
notice, either actual or constructive of any right, title, interest
or claim in and to such real estate, or any part thereof, or be,
or be considered to be evidence or admissible in evidence or be held or
urged to make any title unmarketable in part or in whole, or be required
or allowed to be alleged or proved as a basis for any action, or any
statutory proceeding affecting directly or indirectly the title to such
real estate.
The limitation of this Section, however, shall be deferred from and
after the expiration of such 75 year period for an additional period of
10 years, if a claim in writing in and to real estate therein
particularly described, incorporating the terms or substance of any such
deed, will, estate, proof of heirship, plat, affidavit, or other
instrument or document, or any court proceeding, order or judgment or
any agreement, written or unwritten, sealed or unsealed, or any fact,
event or statement, or any part or copy thereof in such claim, is filed
in the office of the recorder in the county or counties in
which such real estate is located:
1. within 3 years prior to the expiration of such 75 year period;
or
2. after the expiration of such 75 year period, by a minor or
a claimant under a legal disability who became under such disability during such 75
year period and within 2 years after the disability of such minor or
of the claimant a under legal disability has been removed; or
3. after the expiration of such 75 year period, by a guardian of a
minor or person who was determined by a court to be under a legal disability
during such 75 year period and within 2 years after such guardian
has been appointed for such minor or person under a legal disability.
The provisions of this Section shall not apply to or operate against
the United States of America or the State of Illinois or any other state
of the United States of America; or as to real estate held for a public
purpose by any municipality or other political subdivision of the State
of Illinois; or against any person under whom the party or parties in
possession during the period herein permitted for reassertion of title
claim by lease or other privity of contract; or against any person
who during the entire period herein permitted for reassertion of title,
or prior thereto, has not had the right to sue for and protect
his or her claim, interest or title.
(Source: P.A. 99-143, eff. 7-27-15.)
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(735 ILCS 5/13-115) (from Ch. 110, par. 13-115)
Sec. 13-115.
Foreclosure of mortgage.
No person shall commence an action
or make a sale to
foreclose any mortgage or deed of trust in the nature of a mortgage,
unless within 10 years after the right of action or right to make such
sale accrues.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-116) (from Ch. 110, par. 13-116)
Sec. 13-116.
Lien of mortgage, trust or vendor's lien.
(a) The lien of
every mortgage, trust deed in the nature of
a mortgage, and vendor's lien, the due date of which is stated upon the
face, or ascertainable from the written terms thereof, filed for record
either before or after July 16, 1941, which has not ceased by limitation
before July 16, 1941, shall cease by limitation after the expiration of
20 years from the time the last payment on such mortgage, trust deed in
the nature of a mortgage, or vendor's lien became or becomes due upon
its face and according to its written terms, unless the owner of such
mortgage or vendor's lien, or the owner or trustee of such trust deed in
the nature of a mortgage either
(1) Before July 16, 1941, and within such 20 year period has filed
or caused to be filed for record an extension agreement showing the time
for which the payment of the indebtedness is extended, and the amount
remaining unpaid on such indebtedness; or
(2) After July 16, 1941, and within such 20 year period or within
one year after July 21, 1947, provided the due date of the instrument
was more than 19 years before July 21, 1947, files or causes to be filed
for record, either (i) an affidavit executed by himself or herself
or by some
person on his or her behalf, stating the amount or amounts claimed to be unpaid
on the indebtedness secured by such mortgage, trust deed in the nature
of a mortgage, or vendor's lien; or (ii) an extension agreement executed
as hereinafter provided.
(b) The lien of every mortgage, trust deed in the nature of a
mortgage, and vendor's lien, in which no due date is stated upon the
face, or is ascertainable from the written terms thereof, shall cease by
limitation after the expiration of 30 years from the date of the
instrument creating the lien, unless the owner of such mortgage or
vendor's lien, or the owner or trustee of such trust deed in the nature
of a mortgage, within such 30 year period or within one year after July
21, 1947, provided the date of the instrument was more than 29 years
before July 21, 1947, files or causes to be filed for record either (1)
an affidavit executed by himself or herself or by some person on his or her behalf,
stating the amount or amounts claimed to be unpaid on the indebtedness
secured by such mortgage, trust deed in the nature of a mortgage, or
vendor's lien; or (2) an extension agreement executed as hereinafter
provided.
The filing for record of an affidavit provided for by this Section,
within such 20 or 30 year period or one year period, as the case may be,
shall extend the lien for a period of 10 years after the date on which
such lien would cease if neither an affidavit nor extension agreement
were filed, and no more, and a subsequent affidavit filed within the
last 10 year period of the lien, as extended, shall extend the lien for
an additional 10 year period, and no more, but successive affidavits may
be filed, each extending the lien 10 years.
The filing for record of an extension agreement within such 20 or 30
year period or one year period, as the case may be, whether before or
after July 16, 1941, shall extend the lien for 10 years from the date
the final payment becomes due under such extension agreement, and no
more, but subsequent extension agreements filed before the lien, as
extended, ceases, shall extend the lien for an additional 10 year period
from the date the final payment becomes due under such extension
agreement, and no more. The filing of an extension agreement shall not
be construed in any way to cause the lien to cease before it would cease
if neither an extension agreement nor an affidavit were filed.
Affidavits may be followed by extension agreements, and extension
agreements may be followed by affidavits.
An extension agreement executed after July 16, 1941, to be effective
for the purpose of continuing the lien of any mortgage, trust deed in
the nature of a mortgage, or vendor's lien shall show the time for which
the payment of the indebtedness secured thereby is extended and the
amount remaining unpaid on such indebtedness, and shall be executed and
acknowledged by the owner of the mortgage, trust deed in the nature of a
mortgage, or vendor's lien, or someone on his or her behalf, and by one or more
persons representing himself, herself or themselves to be the then owners of
the
real estate. The affidavit or extension agreement shall be effective
only as to the lands within the county or counties wherein such
affidavit or extension agreement, or a copy thereof, is filed for
record.
When a corporation is the owner or trustee of any such mortgage,
trust deed in the nature of a mortgage, or vendor's lien, the affidavit
herein described shall be deemed effective for all purposes under this
Section when it has been executed by any officer of such corporation, or
by any person authorized by the corporation to execute such affidavit.
The Section shall apply to mortgages, trust deeds in the nature of
mortgages, and vendor's liens on both registered and unregistered lands.
"Filed for record" or "the filing for record" as used in Article XIII
of this Act means
filing in the office of the recorder in the county in which the
lands are situated, if such lands are unregistered, or in the office of
the registrar of titles for such county, if such lands are registered.
Nothing herein contained shall be construed to revive the lien of any
such instrument which has expired by limitation before July 16, 1941.
(Source: P.A. 83-1362.)
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(735 ILCS 5/13-117) (from Ch. 110, par. 13-117)
Sec. 13-117.
Limitation on mortgage.
The lien of every mortgage or trust
deed in the nature
of a mortgage of record on July 1, 1915, where more than 20 years have
elapsed from the time the indebtedness secured thereby is due according
to its written terms, or according to any extension agreement on record
on July 1, 1915, is declared to have ceased by limitation unless the
holder of the indebtedness secured thereby and the then owner of the
real estate within 5 years after July 1, 1915, files in the office of the
recorder where the mortgage or trust deed in the nature of a mortgage is
recorded, an extension agreement showing the time for which the payment
of the indebtedness is extended, the time when the indebtedness will
become due by the terms of the extension agreement and the amount
remaining unpaid on the indebtedness, then the mortgage or trust deed in
the nature of a mortgage shall continue to be a lien upon the real estate
described therein for a period of 10 years from the time the
indebtedness will be due as shown by the extension agreement and no
longer, unless some further extension agreement is filed of record. Such
extension agreements shall be acknowledged and recorded in the same
manner as mortgages and trust deeds in the nature of a mortgage are
required by law to be acknowledged and recorded.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-118) (from Ch. 110, par. 13-118)
Sec. 13-118.
Forty year limitation on claims to real estate.
No action
based upon any claim arising or existing more than 40 years before the
commencement of such action shall be maintained in any court to recover
any real estate in this State or to recover or establish any interest
therein or claim thereto, against the holder of the record title to such
real estate when such holder of the record title and his or her grantors
immediate or remote are shown by the record to have held chain of title
to such real estate for at least 40 years before the action is
commenced, unless such claimant, by himself or herself, or by his or her attorney or
agent, or if he or she is a minor or under legal disability, by his or her guardian,
trustee, either parent, or any other person acting in his or her
behalf shall within 40 years after the claim upon which such action is
based arises, file in the office of the recorder of the county
wherein such real estate is situated, a verified statement definitely
describing the real estate involved, the nature and extent of the right
or interest claimed, and stating the facts upon which the same is based.
However, the holder of the record title to such real estate shall not be
entitled to the protection of Sections 13-118 through 13-121 of this Act
if the real estate is in the
adverse possession of another.
For purposes of this Section an unborn or unascertained person may be
a claimant and a verified statement may be filed on his or her behalf as
provided in this Section.
For the purposes of Sections 13-118 through 13-121 of this Act, any person
who holds title to real
estate by will or descent from any person who held the title of record
to such real estate at the date of his or her death or who holds title by
judgment or order of any court, or by deed issued pursuant thereto, i.
e., by trustee's, trustee's in bankruptcy, conservator's, guardian's,
executor's, administrator's, receiver's, assignee's, master's in
chancery, or sheriff's deed shall be deemed to hold chain of title the
same as though holding by direct conveyance.
(Source: P.A. 83-358.)
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(735 ILCS 5/13-119) (from Ch. 110, par. 13-119)
Sec. 13-119.
Claim index.
All claims filed in the office of the recorder as provided
in Section 13-118 of this Act shall be recorded and indexed in the manner
provided by law. In counties where the recorder is not
required to keep a tract index, he or she shall index such claims in an index
labelled "Claimant's Book". Such book shall be indexed under the name of
the person filing the claim and under the name of the person against
whom the claim is filed, if such person is named in the claim, followed
in each instance by the document number of such claim (or the book and
page wherein the same is recorded) and a description of the real estate
involved.
(Source: P.A. 83-358.)
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(735 ILCS 5/13-120) (from Ch. 110, par. 13-120)
Sec. 13-120.
Limitation on sections.
Sections 13-118 through 13-121 of this Act shall not be applied:
1. to bar any lessor or his or her successor as reversioner of his or
her right to possession on the expiration of any lease or any lessee or his or
her
successor of his or her rights in and to any lease; or
2. to bar or extinguish any interest created or held for any public
utility purpose; or
3. to bar or extinguish any easement or interest in the nature of
an easement, or any rights granted, reserved or excepted by any
instrument creating such easement or interest, the existence of which
such easement or interest either is apparent from or can be proved by
physical evidences of its use, whether or not such physical evidences of
its use are visible from the surface; or
4. to bar or extinguish any separate mineral estate or any rights,
immunities and interests appurtenant or relating thereto; or
5. to bar any interest of a mortgagee or interest in the nature of
that of a mortgagee where the due date of the mortgage is stated on the
face, or ascertainable from the written terms thereof and is not barred
by Section 13-116 of this Act.
6. to validate any encroachment on any street, highway or public
waters.
Nothing contained in Sections 13-118 through 13-121 of this Act shall be
construed to extend the period
for the beginning of any action or the doing of any other required act
under any statutes of limitation nor to affect the operation of any
statutes or case law governing the recording or the failure to record
any instruments affecting land.
No statement recorded or action filed pursuant to the provisions of Sections
13-118 through 13-121 of
this Act shall affect real estate registered under "An Act concerning
land titles" approved May 1, 1897, as amended; and real estate
heretofore or hereafter registered under "An Act concerning land titles"
shall be subject to the terms thereof and all subsequent amendments
thereto.
Sections 13-118 through 13-121 of this Act shall not be deemed to affect
any right, title or interest
of the United States unless the Congress shall assent to its operation
in that behalf.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-121) (from Ch. 110, par. 13-121)
Sec. 13-121.
Construction.
Sections 13-118 through 13-121 of this
Act shall be liberally construed to effect the legislative
purpose of simplifying and facilitating land title transactions by
allowing persons to rely on a record chain of title as described in
Section 13-118 of this Act, subject to such limitations as appear in Section
13-120 of this Act. The claims extinguished by Sections 13-118 through 13-121
of this Act include any and all
interests of any nature whatsoever, however denominated, whether vested
or contingent, whether present or future, whether such claims are
asserted by a person sui juris or under disability or might be asserted
by a person not yet in being, whether such person be within or without
the State, and whether such person be natural or corporate, or private
or governmental.
Except as otherwise provided in Sections 13-118 through 13-121 of this
Act, the rule that the State of
Illinois is not bound by acts of limitations shall not apply to Sections
13-118 through 13-121 of this
Act, and these Sections shall serve to bar any right, title, interest or lien
in land which the State of Illinois or any department, commission or
political subdivision thereof would otherwise have.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-122) (from Ch. 110, par. 13-122)
Sec. 13-122.
Posting of notice that right of access is by permission
and subject to control of owner. No use of any land by any person or by
the public generally, no matter how long continued, shall ever ripen into
an easement by prescription, or be deemed to be an implied dedication, or
be deemed to give rise to any other right, customary or otherwise, to be
on, or to engage in activities on, such land, if the owner of such property
for a continuous period posts at each entrance to the property or at intervals
of not more than 200 feet along the boundary a sign reading substantially
as follows: "Right of access by permission, and subject to control of owner".
If the entrances or boundaries of the property sought to be protected are
paved, the sign referred to in this Section may be embedded in the pavement,
provided that the inscription is legible and in letters at least as large
as 24 point type.
The procedure provided in this Section does not constitute the exclusive
method of preventing the use of land from creating an easement by prescription,
an implied dedication or any other right to be on or to engage in activities
on the land, but is in addition to any other methods now or hereafter provided
by law. This Section shall not be applied retroactively to events which
took place before October 1, 1975.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XIII Pt. 2 heading) Part 2.
Personal Actions
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(735 ILCS 5/13-201) (from Ch. 110, par. 13-201)
Sec. 13-201.
Defamation - Privacy.
Actions for slander, libel or for
publication of matter
violating the right of privacy, shall be commenced within one year next
after the cause of action accrued.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-202) (from Ch. 110, par. 13-202)
Sec. 13-202. Personal injury - Penalty. Actions for damages for an injury
to the person, or for
false imprisonment, or malicious prosecution, or for a statutory
penalty, or for abduction, or for seduction, or for criminal
conversation that may proceed pursuant to subsection (a) of Section 7.1 of the Criminal Conversation Abolition Act, except damages resulting from first degree murder or the commission of
a Class X felony and the perpetrator thereof is convicted of such crime,
shall be commenced within 2 years next after the cause
of action accrued but such an action against a defendant arising from a
crime committed by the defendant in whose name an escrow account was established
under the "Criminal Victims' Escrow Account Act" shall be commenced within
2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the
2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act.
(Source: P.A. 99-90, eff. 1-1-16.)
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(735 ILCS 5/13-202.1) (from Ch. 110, par. 13-202.1)
Sec. 13-202.1. No limitations on certain actions - Duties of Department
of Corrections and State's Attorneys. (a) Notwithstanding any other provision
of law, any action for damages against a person, however the action may
be designated, may be brought at any time if --
(1) the action is based upon conduct of a person | ||
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(2) the person was convicted of the first degree | ||
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(b) The provisions of this Section are fully applicable to convictions
based upon defendant's accountability under Section 5-2 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(c) Paragraphs (a) and (b) above shall apply to any cause of action
regardless of the date on which the defendant's conduct is alleged to have
occurred or of the date of any conviction resulting therefrom. In
addition, this Section shall be applied retroactively and shall revive
causes of actions which otherwise may have been barred under limitations
provisions in effect prior to the enactment and/or effect of P.A. 84-1450.
(d) Whenever there is any settlement, verdict or judgment in excess
of $500 in any court against the Department of Corrections or any past or
present employee or official in favor of any person for damages incurred while
the person was committed to the Department of Corrections, the Department
within 14 days of the settlement, verdict or judgment shall notify the State's
Attorney of the county from which the person was committed to the Department.
The State's Attorney shall in turn within 14 days after receipt of the notice send the same notice to the
person or persons who were the victim or victims of the crime for which the
offender was committed, at their last known address, along with the information that the victim or victims
should contact a private attorney to advise them of their rights under the law. (e) Whenever there is any settlement, verdict or judgment in excess of $500 in any court against any county or county sheriff or any past or present employee or official in favor of any person for damages incurred while the person was incarcerated in any county jail, the county or county sheriff, within 14 days of the settlement, verdict or judgment shall notify the State's Attorney of the county from which the person was incarcerated in the county jail. The State's Attorney shall within 14 days of receipt of the notice send the same notice to the person or persons who were the victim or victims of the crime for which the offender was committed, at their last known address, along with the information that the victim or victims should contact a private attorney to advise them of their rights under the law.
(f) No civil action may be brought by anyone against the Department of
Corrections, a State's Attorney, a County, a county sheriff, or any past or present employee or
agent thereof for any alleged violation by any such entity or person of the
notification requirements imposed by paragraph (d) or (e).
(Source: P.A. 97-1150, eff. 1-25-13.)
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(735 ILCS 5/13-202.2) (from Ch. 110, par. 13-202.2)
Sec. 13-202.2. Childhood sexual abuse.
(a) In this Section:
"Childhood sexual abuse" means an act of sexual
abuse that occurs when the person abused is under 18 years of age.
"Sexual abuse" includes but is not limited to sexual conduct and sexual
penetration as defined in Section 11-0.1 of the Criminal Code of 2012.
(b) Notwithstanding any other provision of law, an action for damages
for personal injury based on childhood sexual
abuse must be commenced within 20 years of the date the limitation period
begins to run under subsection (d) or within 20 years of
the date the person abused
discovers or through the use of reasonable diligence should discover both
(i) that
the act of childhood sexual abuse occurred and (ii) that the injury was
caused
by the childhood sexual abuse.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the act of childhood sexual abuse occurred is
not, by itself, sufficient to start the discovery period under this subsection
(b). Knowledge of the abuse does not constitute discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(c) If the injury is caused by 2 or more acts of childhood sexual
abuse that are part of a continuing series of acts of childhood sexual
abuse by the same abuser, then the discovery period under subsection
(b) shall be computed from the date the person abused discovers or through
the use of reasonable diligence should discover both (i) that the last act
of
childhood sexual abuse in the continuing series occurred and (ii) that the
injury was caused by any act of childhood sexual abuse in the continuing
series.
The fact that the person abused discovers or through the use of reasonable
diligence should discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to start the discovery
period under subsection (b). Knowledge of the abuse does not constitute
discovery of the injury
or the causal relationship between any later-discovered injury and the abuse.
(d) The limitation periods under subsection (b) do not begin to run
before the person abused attains the age of 18 years; and, if at the time
the person abused attains the age of 18 years he or she is under other
legal disability, the limitation periods under subsection (b) do not begin
to run until the removal of the disability.
(d-1) The limitation periods in subsection (b) do not run during a time
period
when the person abused is subject to threats, intimidation,
manipulation, fraudulent concealment, or fraud perpetrated by the abuser or by any person acting in the
interest of the abuser.
(e) This Section applies to actions pending on the effective date of
this amendatory Act of 1990 as well as to actions commenced on or after
that date. The changes made by this amendatory Act of 1993 shall apply only
to actions commenced on or after the effective date of this amendatory Act of
1993.
The changes made by this amendatory Act of the 93rd General Assembly apply to
actions pending on the effective date
of this amendatory Act of the 93rd General
Assembly as well as actions commenced on or after that date. The changes made by this amendatory Act of the 96th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 96th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 96th General Assembly.
(f) Notwithstanding any other provision of law, an action for damages based on childhood sexual abuse may be commenced at any time; provided, however, that the changes made by this amendatory Act of the 98th General Assembly apply to actions commenced on or after the effective date of this amendatory Act of the 98th General Assembly if the action would not have been time barred under any statute of limitations or statute of repose prior to the effective date of this amendatory Act of the 98th General Assembly.(Source: P.A. 101-435, eff. 8-20-19.)
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(735 ILCS 5/13-202.3) Sec. 13-202.3. For an action arising out of an injury caused by "sexual conduct" or "sexual penetration" as defined in Section 11-0.1 of the Criminal Code of 2012, the limitation period in Section 13-202 does not run during a time period when the person injured is subject to threats, intimidation, manipulation, or fraud perpetrated by the perpetrator or by a person the perpetrator knew or should have known was acting in the interest of the perpetrator. This Section applies to causes of action arising on or after the effective date of this amendatory Act of the 95th General Assembly or to causes of action for which the limitation period has not yet expired.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) |
(735 ILCS 5/13-203) (from Ch. 110, par. 13-203)
Sec. 13-203.
Loss of consortium - Injury to person.
Actions for damages
for loss of consortium or other
actions, including actions for the medical expenses of minors or persons
under legal disability, deriving from injury to the person of another, except
damages
resulting from first degree murder or the commission of a Class X
felony, shall be commenced
within the same period of time as actions for damages for injury to such
other person.
Where the time in which the cause of action of the injured person whose
injuries give rise to the cause of action brought under this Section is
tolled or otherwise extended by any other Section of this Act, including
Sections 13-211, 13-212 and 13-215, the time in which the cause of action
must be brought under this Section is also tolled or extended to coincide
with the period of time in which the injured person must commence his or
her cause of action.
(Source: P.A. 88-22.)
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(735 ILCS 5/13-203.1) (from Ch. 110, par. 13-203.1)
Sec. 13-203.1.
Loss of means of support or parental
relationships. Actions
for damages for loss of means of support or loss of parental or in loco
parentis relationships sustained by a minor resulting from an injury described
in Section 13-214.1 may be commenced no later than 10 years
after the person
who inflicted such injury has completed his sentence therefor.
(Source: P.A. 84-1043.)
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(735 ILCS 5/13-204) (from Ch. 110, par. 13-204)
Sec. 13-204.
Contribution and indemnity.
(a) In instances where no underlying action seeking recovery for injury to
or death of a person or injury or damage to property has been filed by a
claimant, no action for contribution or indemnity may be commenced with respect
to any payment made to that claimant more than 2 years after the party seeking
contribution or indemnity has made the payment in discharge of his or her
liability to the claimant.
(b) In instances where an underlying action has been filed by a claimant, no
action for contribution or indemnity may be commenced more than 2 years after
the party seeking contribution or indemnity has been served with process in the
underlying action or more than 2 years from the time the party, or his or her
privy, knew or should reasonably have known of an act or omission giving rise
to the action for contribution or indemnity, whichever period expires later.
(c) The applicable limitations period contained in subsection (a) or (b)
shall apply to all actions for contribution or indemnity and shall preempt, as
to contribution and indemnity actions only, all other statutes of limitation or
repose, but only to the extent that the claimant in an underlying action could
have timely sued the party from whom contribution or
indemnity is sought at the time such claimant filed the underlying action, or
in instances where no underlying action has been filed, the payment in
discharge of the obligation of the party seeking contribution or indemnity is
made before any such underlying action would have been barred by lapse of
time.
(d) The provisions of this Section, as amended by Public Act 88-538, shall be applied
retroactively when substantively applicable, including all pending actions
without regard to when the cause of action accrued; provided,
however, that this amendatory Act of 1994 shall not operate to affect statutory
limitations or repose rights of any party which have fully vested prior to its
effective date.
(e) The provisions of this Section shall not apply to any action for
damages in which contribution or indemnification is sought from a party who is
alleged to have been negligent and whose negligence has been alleged to have
resulted in injuries or death by reason of medical or other healing art
malpractice.
(Source: P.A. 88-538; 89-626, eff. 8-9-96.)
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(735 ILCS 5/13-205) (from Ch. 110, par. 13-205)
Sec. 13-205.
Five year limitation.
Except as provided in Section 2-725
of the "Uniform
Commercial Code", approved July 31, 1961, as amended, and Section 11-13
of "The Illinois Public Aid Code", approved April 11, 1967, as amended,
actions on unwritten contracts, expressed or implied, or on awards of
arbitration, or to recover damages for an injury done to property, real
or personal, or to recover the possession of personal property or
damages for the detention or conversion thereof, and all civil actions
not otherwise provided for, shall be commenced within 5 years next after
the cause of action accrued.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
Sec. 13-206. Ten year limitation. Except as provided in Section 2-725
of the "Uniform
Commercial Code", actions on bonds, promissory notes, bills of exchange,
written leases,
written contracts, or other evidences of indebtedness in writing and actions brought under the Illinois Wage Payment and Collection Act shall
be commenced within 10 years next after the cause of action accrued; but
if any payment or new promise to pay has been made, in writing,
on any bond, note, bill, lease, contract, or other written evidence of
indebtedness, within or after the period of 10 years, then an action may
be commenced thereon at any time within 10 years after the time of such
payment or promise to pay.
For purposes of this Section, with regard to promissory notes dated on or
after the effective date of this amendatory Act of 1997, a cause of action on a
promissory note payable at a definite date accrues on the due date or date
stated in the promissory note or the date upon which the promissory note is
accelerated. With respect to a demand promissory note dated on or after the
effective date of this amendatory Act of 1997, if a demand for payment is made
to
the maker of the demand promissory note, an action to enforce the obligation of
a party to pay the
demand promissory note must be commenced within 10 years after the demand. An
action to enforce a demand
promissory note is barred if neither principal nor interest on the demand
promissory note has been paid for a continuous period of 10 years and no demand
for payment has been made to the maker during that period.
(Source: P.A. 95-209, eff. 8-16-07.)
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(735 ILCS 5/13-207) (from Ch. 110, par. 13-207)
Sec. 13-207. Counterclaim or set-off. A defendant may plead
a set-off or counterclaim barred by
the statute of limitation or the statute of repose, while held and owned by him or her, to any action,
the cause of which was owned by the plaintiff or person under whom he
or she claims, before such set-off or counterclaim was so barred, and not
otherwise. This section shall not affect the right of a bona
fide assignee of a negotiable instrument assigned before due. The changes made to this Section by this amendatory Act of the 102nd General Assembly apply to claims initiated on or after the effective date of this amendatory Act of the 102nd General Assembly and to claims intentionally filed to preclude a defendant a reasonable opportunity to file a counterclaim within the original limitation period.
(Source: P.A. 102-908, eff. 5-27-22.)
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(735 ILCS 5/13-208) (from Ch. 110, par. 13-208)
Sec. 13-208.
Absence from State.
(a) If, when the cause of action accrues
against a person, he or she is out of
the state, the action may be commenced within the times herein limited,
after his or her coming into or return to the state; and if, after the cause of
action accrues, he or she departs from and resides out of the state, the time
of his or her absence is no part of the time limited for the commencement of
the action.
(b) For purposes of subsection (a) of this
Section no person shall be considered to be out of the State or to have
departed from the State or to reside outside of the State during any
period when he or she is subject to the jurisdiction of the courts of this
State with respect to that cause of action pursuant to Sections 2-208 and
2-209 of this Act, Section 10-301 of "The Illinois Vehicle
Code", Section 5.25 of the "Business Corporation Act of 1983", or any other
statute authorizing service of process which would subject that person
to the jurisdiction of the courts of this State. If a person files an
action in a court of this State and attempts to secure service of
process upon a defendant pursuant to a statute referred to in the
preceding sentence, but does not obtain service of process upon such
defendant, such defendant shall not be considered to be subject to the
jurisdiction of the courts of this State at the time such action was
filed, for purposes of the preceding sentence of this section.
This subsection (b) of Section 13-208 of this Act shall
apply only to actions commenced after October 1, 1973.
(Source: P.A. 83-1362.)
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(735 ILCS 5/13-209) (from Ch. 110, par. 13-209)
Sec. 13-209.
Death of party.
(a) If a person entitled to bring an
action dies before the
expiration of the time limited for the commencement thereof, and the
cause of action survives:
(1) an action may be commenced by his or her | ||
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(2) if no petition for letters of office for the | ||
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(b) If a person against whom an
action may be brought dies before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred:
(1) an action may be commenced against his or her | ||
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(2) if no petition has been filed for letters of | ||
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(c) If a party commences an action against a deceased person whose
death is unknown to the party before the expiration of the time limited for
the commencement thereof, and the cause of action survives, and is not
otherwise barred, the action may be commenced against the deceased person's
personal representative if all of the following terms and conditions are met:
(1) After learning of the death, the party proceeds | ||
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(2) The party proceeds with reasonable diligence to | ||
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(3) If process is served more than 6 months after the | ||
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(4) In no event can a party commence an action under | ||
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(Source: P.A. 90-111, eff. 7-14-97.)
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(735 ILCS 5/13-210) (from Ch. 110, par. 13-210)
Sec. 13-210.
Foreign limitation.
When a cause of action has arisen in a
state or territory
out of this State, or in a foreign country, and, by the laws thereof, an
action thereon cannot be maintained by reason of the lapse of time, an
action thereon shall not be maintained in this State.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-211) (from Ch. 110, par. 13-211)
Sec. 13-211. Minors and persons under legal disability. (a) If the person
entitled to bring an action, specified in Sections 13-201 through 13-210
of this Code, at the time the cause of action accrued, is under the age of
18 years or is under a legal disability, then he or she may bring the
action within 2 years after the person attains the age of 18 years, or the
disability is removed. (b) If the person
entitled to bring an action specified under Sections 13-201 through 13-210
of this Code is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (b) does not invalidate any statute of repose provisions contained in Sections 13-201, 13-202, 13-202.1, 13-202.2, 13-202.3,
13-203, 13-203.1, 13-204, 13-207, 13-208, 13-209, and 13-210 of
this Code. In no event shall the period of limitations for a
cause of action under Section 13-205 or 13-206 of this Code be
stayed in excess of 10 years from the date of the adjudication
of legal disability. This subsection (b) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 98-1077, eff. 1-1-15.)
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(735 ILCS 5/13-212) (from Ch. 110, par. 13-212)
Sec. 13-212. Physician or hospital.
(a) Except as provided in Section
13-215 or 13-215.1 of this Act, no action for damages for injury or death against any
physician, dentist, registered nurse or hospital duly licensed under
the laws of this State, whether based upon tort, or breach of contract, or
otherwise, arising out of patient care shall be brought more than 2 years
after the date on which the claimant knew, or through the use of reasonable
diligence should have known, or received notice in writing of the existence
of the injury or death for which damages are sought in the action,
whichever of such date occurs first, but in no event shall such action be
brought more than 4 years after the date on which occurred the act or
omission or occurrence alleged in such action to have been the cause of
such injury or death.
(b) Except as provided in Section 13-215 or 13-215.1 of this Act, no action for
damages for injury or death against any physician, dentist, registered
nurse or hospital duly licensed under the laws of this State, whether based
upon tort, or breach of contract, or otherwise, arising out of patient care
shall be brought more than 8 years after the date on which
occurred the act or omission or occurrence alleged in such action to have
been the cause of such injury or death where the person entitled to bring
the action was, at the time the cause of action accrued, under the age of
18 years; provided, however, that in no event may the cause of action be
brought after the person's 22nd birthday. If the person was under the age
of 18 years when the cause of action accrued and, as a result of this
amendatory Act of 1987, the action is either barred or there remains less
than 3 years to bring such action, then he or she may bring the action
within 3 years of July 20, 1987.
(c) If the person entitled to bring an action
described in this Section is, at the time the cause
of action accrued, under a legal disability other than being under
the age of 18 years, then the period of limitations does
not begin to run until the disability is removed. (d) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (d) does not invalidate any statute of repose provisions contained in this Section. This subsection (d) applies to actions commenced or pending on or after the effective date of this amendatory Act of the 98th General Assembly.
(Source: P.A. 103-478, eff. 1-1-24.)
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(735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability; statute of repose.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on any theory or doctrine shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on any theory or
doctrine to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(h) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-213.
Product liability.
(a) As used in this Section, the term:
(1) "Alteration, modification or change" or "altered, | ||
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(2) "Product" means any tangible object or goods | ||
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(3) "Product liability action" means any action based | ||
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(4) "Seller" means one who, in the course of a | ||
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(b) Subject to the provisions of subsections (c) and (d) no product
liability action based on the doctrine of strict
liability in tort shall
be commenced except within the applicable limitations period and, in any
event, within 12 years from the date of first sale, lease or delivery of
possession by a seller or 10 years from the date of first sale, lease or
delivery of possession to its initial user, consumer, or other
non-seller, whichever period expires earlier, of any product unit that
is claimed to have injured or damaged the plaintiff, unless the
defendant expressly has warranted or promised the product for a longer
period and the action is brought within that period.
(c) No product liability action based on the doctrine of strict
liability in tort to recover for injury or damage claimed to have
resulted from an alteration, modification or change of the product unit
subsequent to the date of first sale, lease or delivery of possession of
the product unit to its initial user, consumer or other non-seller shall
be limited or barred by subsection (b) hereof if:
(1) the action is brought against a seller making, | ||
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(2) the action commenced within the applicable | ||
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(3) when the injury or damage is claimed to have | ||
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(d) Notwithstanding the provisions of subsection (b) and paragraph (2)
of subsection (c) if the injury complained of occurs within any of the
periods provided by subsection (b) and paragraph (2) of subsection (c), the
plaintiff may bring an action within 2 years after the date on which the
claimant knew, or through the use of reasonable diligence should have
known, of the existence of the personal injury, death or property damage,
but in no event shall such action be brought more than 8 years after the
date on which such personal injury, death or property damage occurred. In
any such case, if the person entitled to bring the action was, at the time
the personal injury, death or property damage occurred, under the age of 18
years, or under a legal disability, then the period of limitations does not
begin to run until the person attains the age of 18 years, or the disability
is removed.
(e) Replacement of a component part of a product unit with a
substitute part having the same formula or design as the original part
shall not be deemed a sale, lease or delivery of possession or an
alteration, modification or change for the purpose of permitting
commencement of a product liability action based on the
doctrine of
strict liability in tort to recover for injury or damage claimed to have
resulted from the formula or design of such product unit or of the
substitute part when such action would otherwise be barred according to
the provisions of subsection (b) of this Section.
(f) Nothing in this Section shall be construed to create a cause of
action or to affect the right of any person to seek and obtain indemnity
or contribution.
(g) The provisions of this Section 13-213 of this Act apply to any cause
of action accruing on or after January 1, 1979, involving any product which was
in or entered the stream of commerce prior to, on, or after January 1, 1979.
(Source: P.A. 85-907; 86-1329.)
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(735 ILCS 5/13-214) (from Ch. 110, par. 13-214)
Sec. 13-214. Construction; design management and supervision. As used
in this Section, "person" means any individual, any business or legal entity,
or any body politic.
(a) Actions based upon tort, contract or otherwise against any person
for an act or omission of such person in the design, planning, supervision,
observation or management of construction, or construction of an
improvement to real property shall be commenced within 4 years from the
time the person bringing an action, or his or her privity, knew or should
reasonably have known of such act or omission. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(b) No action based upon tort, contract or otherwise may be brought against
any person for an act or omission of such person in the design, planning,
supervision, observation or management of construction, or construction
of an improvement to real property after 10 years have elapsed from the
time of such act or omission. However, any person who discovers such act or
omission prior to expiration of 10 years from the time of such act or
omission shall in no event have less than 4 years to bring an action as
provided in subsection (a) of this Section. Notwithstanding any other
provision of law, contract actions against a surety on a payment or
performance bond shall be commenced, if at all, within the same time
limitation applicable to the bond principal.
(c) If a person otherwise entitled to bring an action could not have
brought such action within the limitation periods herein solely because
such person was under the age of 18 years, or a person with a developmental
disability or a person with mental illness, then the limitation periods herein
shall not begin to run until the person attains the age of 18 years, or the
disability is removed.
(d) Subsection (b) shall not prohibit any action against a defendant who
has expressly warranted or promised the improvement to real property for
a longer period from being brought within that period.
(e) The limitations of this Section shall not apply to causes of action
arising out of fraudulent misrepresentations or to fraudulent concealment
of causes of action.
(f) Subsection (b) does not apply to an action that is based on personal
injury, disability, disease, or death resulting from the discharge into the
environment of asbestos.
(Source: P.A. 100-201, eff. 8-18-17.)
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(735 ILCS 5/13-214.1) (from Ch. 110, par. 13-214.1)
Sec. 13-214.1. Action for damages involving criminal
acts. (a) Actions for damages for an injury described in Section 13-202
or Section 13-203 arising out of first degree murder or the commission of
a Class X felony
by the person against whom the action is brought may be commenced no later
than 10 years after the person who inflicted such injury has completed his
or her sentence therefor.
(b) For an action for damages arising out of: theft of property exceeding $100,000 in value under Section 16-1 of the Criminal Code of 2012; identity theft under subsection (a) of Section 16-30 of the Criminal Code of 2012; aggravated identity theft under subsection (b) of Section 16-30 of the Criminal Code of 2012; financial exploitation of an elderly person or a person with a disability under Section 17-56 of the Criminal Code of 2012; or any offense set forth in Article 16H or Section 17-10.6 of the Criminal Code of 2012, the action may be commenced within 10 years of the last act committed in furtherance of the crime. However, if any other provision of law provides for a longer limitation period, then the longer limitation period applies.(Source: P.A. 101-136, eff. 7-26-19.)
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(735 ILCS 5/13-214.2) (from Ch. 110, par. 13-214.2)
Sec. 13-214.2.
(a) Actions based upon tort, contract or otherwise
against any person, partnership or corporation registered pursuant to the
Illinois Public Accounting Act, as amended, or any of its employees,
partners, members, officers or shareholders, for an act or omission in the
performance of professional services shall be commenced within 2 years from
the time the person bringing an action knew or should reasonably have known
of such act or omission.
(b) In no event shall such action be brought more than 5 years after the
date on which occurred the act or omission alleged in such action to have
been the cause of the injury to the person bringing such action against a
public accountant. Provided, however, that in the event that an income tax
assessment is made or criminal prosecution is brought against a person,
that person may bring an action against the public accountant who prepared
the tax return within two years from the date of the assessment or
conclusion of the prosecution.
(c) If a person entitled to bring the action is, at the time the cause
of action accrues, under the age of 18, or under a legal disability,
the period of limitations shall not begin to run until the disability
is removed.
(d) This Section shall apply to all causes of action which accrue on or
after its effective date.
(Source: P.A. 85-655; 86-1329.)
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(735 ILCS 5/13-214.3) (from Ch. 110, par. 13-214.3)
Sec. 13-214.3. Attorneys.
(a) In this Section: "attorney" includes (i) an individual attorney,
together with his or her employees who are attorneys, (ii) a professional
partnership of attorneys, together with its employees, partners, and
members who are attorneys, and (iii) a professional service corporation of
attorneys, together with its employees, officers, and shareholders who are
attorneys; and "non-attorney employee" means a person who is not an
attorney but is employed by an attorney.
(b) An action for damages based on tort, contract, or otherwise (i)
against an attorney arising out of an act or omission in the performance of
professional services or (ii) against a non-attorney employee arising out
of an act or omission in the course of his or her employment by an attorney
to assist the attorney in performing professional services
must be commenced within 2 years from
the time the person bringing the action knew or reasonably should have
known of the injury for which damages are sought.
(c) Except as provided in subsection (d), an action described in
subsection (b) may not be commenced in any event more than 6 years after
the date on which the act or omission occurred.
(d) When the injury caused by the act or omission does not
occur until
the death of the person for whom the professional services were rendered,
the action may be commenced within 2 years after the date of the person's
death unless letters of office are issued or the person's will is admitted
to probate within that 2 year period, in which case the action must be
commenced within the time for filing claims against the estate or a
petition contesting the validity of the will of the deceased person,
whichever is later, as provided in the Probate Act of 1975. An action may not be commenced in any event more than 6 years after the date the professional services were performed.
(e) If the person entitled to bring the action is under the age of
majority or under other legal disability at the time the cause of action
accrues, the period of limitations shall not begin to run until majority is
attained or the disability is removed. (f) If the person
entitled to bring an action described in this Section is not under a legal disability at the time the cause of action accrues, but becomes under a legal disability before the period of limitations otherwise runs, the period of limitations is stayed until the disability is removed. This subsection (f) does not invalidate any statute of repose provisions contained in this Section. This subsection (f) applies to actions commenced or pending on or after January 1, 2015 (the effective date of Public Act 98-1077).
(g) This Section applies to any cause of action, regardless of the date the cause of action arises. This Section, however, does not bar the filing of an action based on the performance of professional services before the effective date of this amendatory Act of the 102nd General Assembly if the action is timely filed under the version of this Section in effect on January 1, 2021, and is filed within a reasonable period, not to exceed 6 years, after the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-377, eff. 1-1-22.)
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(735 ILCS 5/13-214.4)
Sec. 13-214.4.
Actions against insurance producers, limited insurance
representatives, and registered firms. All causes of action brought by any
person or entity under any statute or any legal or equitable theory against an
insurance producer, registered firm, or limited insurance representative
concerning the sale, placement, procurement, renewal, cancellation of, or
failure to procure any policy of insurance shall be brought within 2 years of
the date the cause of action accrues.
(Source: P.A. 89-152, eff. 1-1-96.)
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(735 ILCS 5/13-215) (from Ch. 110, par. 13-215)
Sec. 13-215.
Fraudulent concealment.
If a person liable to an action
fraudulently conceals the
cause of such action from the knowledge of the person entitled thereto,
the action may be commenced at any time within 5 years after the
person entitled to bring the same discovers that he or she has such cause of
action, and not afterwards.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-215.1) Sec. 13-215.1. Fertility fraud limitation. Notwithstanding any other provision of the law, an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years, if brought under Section 15 of the Illinois Fertility Fraud Act, or 8 years, if brought under Section 20 of the Illinois Fertility Fraud Act, after: (1) the procedure was performed; (2) the 18th birthday of the child; (3) the person first discovers evidence sufficient to | ||
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(4) the person first becomes aware of the existence | ||
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(5) the defendant confesses to the offense.(Source: P.A. 103-478, eff. 1-1-24.) |
(735 ILCS 5/13-216) (from Ch. 110, par. 13-216)
Sec. 13-216.
Stay of action.
When the commencement of an action is stayed
by injunction,
order of a court, or statutory prohibition, the time of the
continuance of the injunction or prohibition is not part of the time
limited for the commencement of the action.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-217) (from Ch. 110, par. 13-217)
(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue. No action which is voluntarily dismissed by the plaintiff or
dismissed for want of prosecution by the court may be filed where the time for
commencing the action has expired.
This amendatory Act of 1995 applies to causes of action accruing on or
after
its effective date.
(Source: P.A. 89-7, eff. 3-9-95.)
(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)
Sec. 13-217.
Reversal or dismissal.
In the actions specified in Article
XIII of this Act or any other act or contract where the time for commencing an
action is limited, if judgment is entered for the plaintiff but reversed on
appeal, or if there is a verdict in favor of the plaintiff and, upon a motion
in arrest of judgment, the judgment is entered against the plaintiff, or the
action is voluntarily dismissed by the plaintiff, or the action is dismissed
for want of prosecution, or the action is dismissed by a United States
District
Court for lack of jurisdiction, or the action is dismissed by a United States
District Court for improper venue, then, whether or not the time limitation for
bringing such action expires during the pendency of such action, the plaintiff,
his or her heirs, executors or administrators may commence a new
action within one year or within the remaining period of limitation,
whichever is greater, after such judgment is reversed or entered against
the plaintiff, or after the action is voluntarily dismissed by the
plaintiff, or the action is dismissed for want of prosecution, or the action
is dismissed by a United States District Court for lack of jurisdiction,
or the action is dismissed by a United States District Court for improper
venue.
(Source: P.A. 87-1252.)
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(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next
after the date of entry of such judgment. The provisions of this amendatory Act of the 96th General Assembly are declarative of existing law.
(Source: P.A. 96-305, eff. 8-11-09.)
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(735 ILCS 5/13-219) (from Ch. 110, par. 13-219)
Sec. 13-219.
Railroads and carriers.
(a) All actions by railroads, motor
carriers, common
carriers by water, common carriers by air, the Railway Express Agency or
freight forwarders for the recovery of their charges, or any part
thereof, for the transportation of property moving wholly within the
State of Illinois shall be filed within 3 years from the time the cause
of action accrues, and not after.
(b) All actions against railroads, motor carriers, common carriers
by water, common carriers by air, the Railway Express Agency or freight
forwarders for the recovery of any part of transportation charges paid
to such carrier for the transportation of property moving wholly within
the State of Illinois shall be filed within 3 years from the time the
cause of action accrues, and not after.
(c) If on or before the expiration of the 3 year period of
limitation in subsection (b) a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency or a freight
forwarder files an action under subsection (a) for recovery of charges in
respect of the same transportation service, or, without filing an
action, collects charges in respect of that service, the period of
limitation shall be extended to include 90 days from the time such
action is filed or such charges are collected.
(d) The cause of action in respect of a shipment of property shall,
for the purposes of this section, be deemed to accrue upon delivery or
tender of delivery thereof by a railroad, motor carrier, common carrier
by water, common carrier by air, the Railway Express Agency, or a
freight forwarder, and not after.
(Source: P.A. 82-280.)
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(735 ILCS 5/13-220) (from Ch. 110, par. 13-220)
Sec. 13-220.
Fraud by decedents.
Actions under Sections 10 to 14, both
inclusive, of
"An Act to revise
the law in relation to frauds and perjuries", approved February 16,
1874, as amended, shall be commenced within 2 years after the
death of the person
who makes a fraudulent legacy as provided in that Act, or who dies
intestate and leaves real estate to his or her heirs to descend according to
the laws of this State, unless letters of office
are applied for on his or her estate within 2 years after his or
her death and the representative has complied with the provisions of
Section 18-3 of the Probate Act of 1975, as amended, in regard to the
giving of notice to creditors, in which
case the action shall be commenced within and not after the time for
presenting claims against estates of deceased persons as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-221) (from Ch. 110, par. 13-221)
Sec. 13-221.
Contract to make will.
An action against
the representative,
heirs
and legatees of a deceased person to enforce a contract to
make a will, shall be commenced within 2 years after the death of the
deceased person unless letters of office are
applied for on his or her estate within 2 years after his or her death
and the representative has complied with the provisions of Section 18-3
of the Probate Act of 1975, as amended, in regard to the giving of notice
to creditors, in which
case the action shall be commenced within and not after the time for
presenting a claim against the estate of a
deceased person as provided in the
Probate Act of 1975, as amended.
(Source: P.A. 86-815.)
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(735 ILCS 5/13-222) (from Ch. 110, par. 13-222)
Sec. 13-222.
Action against land surveyor.
(a) Registered land surveyor. No action may be brought against
a registered land surveyor to recover damages for negligence, errors or
omissions in the making of any survey nor for contribution or indemnity
related to such negligence, errors or omissions more than 4 years after the
person claiming such damages actually knows or should have known of such
negligence, errors or omissions. This Section applies to surveys completed
after July 26, 1967. This subsection (a) applies only to causes of action
accruing before the effective date of this amendatory Act of the 92nd General
Assembly.
(b) Professional land surveyor. No action may be brought against a
professional land surveyor to recover damages for negligence, errors,
omissions, torts, breaches of contract, or otherwise in the making of any
survey, nor contribution or indemnity, more than 4 years after the person
claiming the damages actually knows or should have known of the negligence,
errors, omissions, torts, breaches of contract, or other action.
In no event may such an action be brought if 10 years have elapsed from the
time of the act or omission. Any person who discovers the act or
omission before expiration of the 10-year period, however, may in no event have
less
than 4 years to bring an action. Contract actions against a surety on a
payment or performance bond must be commenced within the same time limitation
applicable to the bond principal.
If the person entitled to bring the action is under the age of 18 or under
a legal disability, the period of limitation does not begin to run until the
person reaches 18 years of age or the disability is removed.
This subsection (b) applies to causes of action accruing on or after the
effective date of this amendatory Act of the 92nd General Assembly.
(Source: P.A. 92-265, eff. 1-1-02.)
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(735 ILCS 5/13-223) (from Ch. 110, par. 13-223)
Sec. 13-223.
Inter vivos trusts.
An action to set aside or contest the
validity of a revocable inter
vivos trust agreement or declaration of trust to which a
legacy is provided by the settlor's will which is admitted to probate,
shall be commenced within and not after the time to contest the validity
of a will as provided in the Probate Act of 1975 as amended.
(Source: P.A. 83-707.)
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(735 ILCS 5/13-224) (from Ch. 110, par. 13-224)
Sec. 13-224.
Recovery in Tax Actions.
In any action against the State
to recover taxes imposed pursuant to Section 2 of the Messages Tax Act,
Section 2 of the Gas Revenue Tax Act, Section 2 of the Public Utilities
Revenue Act or Section 2-202 of The Public Utilities Act,
that were illegally or unconstitutionally collected, or in any action
against a municipality to recover taxes imposed pursuant to Section 8-11-2
of the Illinois Municipal Code that were illegally or unconstitutionally
collected or in any action against a taxpayer to recover charges imposed
pursuant to Sections 9-201 or 9-202 of The Public Utilities Act that
were illegally or
unconstitutionally collected, the prevailing party shall not be entitled to
recover an amount exceeding such taxes or charges paid, plus interest,
where applicable, during a period beginning 3 years prior to the date of
filing an administrative claim as authorized by statute or ordinance or
court complaint, whichever occurs earlier. This provision shall be
applicable to all actions filed on or after September 21, 1985.
(Source: P.A. 85-1209.)
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(735 ILCS 5/13-225) Sec. 13-225. Trafficking victims protection. (a) In this Section, "human trafficking", "involuntary servitude", "sex trade", and "victim of the sex trade" have the meanings ascribed to them in Section 10 of the Trafficking Victims Protection Act. (b) Subject to both subsections (e) and (f) and notwithstanding any other provision of law, an action under the Trafficking Victims Protection Act must be commenced within 25 years of the date the limitation period begins to run under subsection (d) or within 25 years of the date the plaintiff discovers or through the use of reasonable diligence should discover both (i) that the sex trade, involuntary servitude, or human trafficking act occurred, and (ii) that the defendant caused, was responsible for, or profited from the sex trade, involuntary servitude, or human trafficking act. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the sex trade, involuntary servitude, or human trafficking act occurred is not, by itself, sufficient to start the discovery period under this subsection (b). (c) If the injury is caused by 2 or more acts that are part of a continuing series of sex trade, involuntary servitude, or human trafficking acts by the same defendant, then the discovery period under subsection (b) shall be computed from the date the person abused discovers or through the use of reasonable diligence should discover (i) that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred, and (ii) that the defendant caused, was responsible for, or profited from the series of sex trade, involuntary servitude, or human trafficking acts. The fact that the plaintiff discovers or through the use of reasonable diligence should discover that the last sex trade, involuntary servitude, or human trafficking act in the continuing series occurred is not, by itself, sufficient to start the discovery period under subsection (b). (d) The limitation periods in subsection (b) do not begin to run before the plaintiff attains the age of 18 years; and, if at the time the plaintiff attains the age of 18 years he or she is under other legal disability, the limitation periods under subsection (b) do not begin to run until the removal of the disability. (e) The limitation periods in subsection (b) do not run during a time period when the plaintiff is subject to threats, intimidation, manipulation, or fraud perpetrated by the defendant or by any person acting in the interest of the defendant. (f) The limitation periods in subsection (b) do not commence running until the expiration of all limitations periods applicable to the criminal prosecution of the plaintiff for any acts which form the basis of a cause of action under the Trafficking Victims Protection Act.
(Source: P.A. 100-939, eff. 1-1-19; 101-18, eff. 1-1-20.) |
(735 ILCS 5/13-226) Sec. 13-226. Opioid litigation. (a) Definitions. In this Section: "National multistate opioid settlement" means any agreement (i) to which the State and at least two other states are parties and (ii) in which the State agrees to release claims that it has brought or could have brought in an action against an opioid defendant or has the claims released in a final order entered by a court. "National multistate opioid settlement" includes (i) any form of resolution reached in a bankruptcy proceeding, provided that the Attorney General both agrees to the specific terms of such resolution or agreement in a bankruptcy proceeding and announces his or her agreement in the record of such bankruptcy proceeding, or (ii) a final order entered by the bankruptcy court. "Opioid defendant" means (i) a defendant in opioid litigation brought by the Attorney General, or (ii) a person or entity engaged in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Opioid litigation" means any civil litigation, demand, or settlement in lieu of litigation, alleging unlawful conduct in the manufacturing, marketing, distribution, prescription, dispensing, or other use of opioid medications. "Unit of local government" has the meaning provided in Article VII, Section 1 of the Illinois Constitution of 1970. (b) Release of claims. (1) On and after the effective date of this | ||
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(2) If counties representing 60% of the population of | ||
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(c) Nothing in this Section affects the Attorney General's authority to appear, intervene, or control litigation brought in the name of the State of Illinois or on behalf of the People of the State of Illinois. (d) When an intrastate allocation agreement between counties representing 60% of the population of the State, including all counties with a population of at least 250,000, and the Attorney General is reached, becoming a party to or filing opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement are exclusive powers and functions of the State and a home rule unit may not file or become a party to opioid litigation against an opioid defendant that is subject to a national multistate opioid settlement unless approved by the Attorney General. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 102-85, eff. 7-9-21.) |
(735 ILCS 5/13-227) Sec. 13-227. Collection of debt arising from a municipal violation. An action to collect a debt arising from a violation of a municipal ordinance may not be filed more than 7 years after the date of adjudication.
(Source: P.A. 102-192, eff. 7-30-21.) |
(735 ILCS 5/Art. XIV heading) ARTICLE XIV
MANDAMUS
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(735 ILCS 5/14-101) (from Ch. 110, par. 14-101)
Sec. 14-101.
Action commenced by plaintiff.
In all proceedings commenced
under Article XIV of this Act the name of the person seeking the relief afforded by
this Article shall be set out as plaintiff without the use of the phrase
"People ex rel." or "People on the relation of".
(Source: P.A. 83-707.)
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(735 ILCS 5/14-102) (from Ch. 110, par. 14-102)
Sec. 14-102.
Summons to issue.
Upon the filing of a complaint
for mandamus the clerk of the court shall issue a summons, in like form,
as near as may be as summons in other civil cases.
The summons shall be
made returnable within a time designated by the plaintiff not less than 5 nor
more than 30 days after the service of the summons.
(Source: P.A. 83-357.)
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(735 ILCS 5/14-103) (from Ch. 110, par. 14-103)
Sec. 14-103.
Defendant to plead.
Every defendant who is served with summons
shall answer or otherwise plead on or before the return day of the
summons, unless the time for doing so is extended by the court. If the
defendant defaults, judgment by default may be entered by the court. No
matters not germane to the distinctive purpose of the proceeding shall be
introduced by joinder, counterclaim or otherwise.
(Source: P.A. 90-655, eff. 7-30-98.)
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(735 ILCS 5/14-104) (from Ch. 110, par. 14-104)
Sec. 14-104.
Reply by plaintiff.
The plaintiff may reply or otherwise
plead to the answer,
within 5 days after the last day allowed
for the filing of the answer, unless the time for doing so is extended and
further pleadings may be had as in
other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-105) (from Ch. 110, par. 14-105)
Sec. 14-105.
Judgment - Costs.
If judgment is entered in favor of
the plaintiff, the plaintiff shall recover
damages and costs.
If judgment is entered in favor of the defendant, the defendant shall recover costs.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-106) (from Ch. 110, par. 14-106)
Sec. 14-106.
False return.
If damages are recovered against the defendant,
the defendant shall not
be liable to be sued in any other action or proceeding for making a false
return.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-107) (from Ch. 110, par. 14-107)
Sec. 14-107.
Successor in office.
The death, resignation or removal from
office, by lapse of
time or otherwise, of any defendant, shall not have the effect to abate
the proceeding, and upon a proper showing, the officer's successor may be
made a party thereto, and any relief
may be directed against the successor officer.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-108) (from Ch. 110, par. 14-108)
Sec. 14-108.
Other remedy - Amendments.
The proceedings for mandamus shall not be
dismissed nor the relief denied because the plaintiff may have another
judicial remedy, even where such other remedy will afford proper and
sufficient relief; and amendments may be allowed as in other civil
cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/14-109) (from Ch. 110, par. 14-109)
Sec. 14-109.
Seeking wrong remedy not fatal.
Where relief is sought under Article XIV of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XV heading) ARTICLE XV
MORTGAGE FORECLOSURE
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(735 ILCS 5/Art. XV Pt. 11 heading) Part 11.
General Provisions
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(735 ILCS 5/15-1101) (from Ch. 110, par. 15-1101)
Sec. 15-1101.
Title.
This Article shall be known, and may be cited,
as the Illinois Mortgage Foreclosure Law.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1102) (from Ch. 110, par. 15-1102)
Sec. 15-1102.
Enforcement.
The Court has full power to enforce any order
entered pursuant to this Article by contempt process or by such other order
as may be appropriate.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1103) (from Ch. 110, par. 15-1103)
Sec. 15-1103.
Jurisdiction.
The authority of the
court continues during
the entire pendency of the foreclosure and until disposition of all
matters
arising out of the foreclosure.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1104) (from Ch. 110, par. 15-1104)
Sec. 15-1104.
Wrongful Inducement of Abandonment.
Any person who willfully
misrepresents to the Court any fact resulting in a finding of abandonment
of mortgaged real estate in connection with subsection (b) of Section 15-1603 or
subsection (d) of Section 15-1706 of this Article or who threatens to injure the person or
property of occupants of mortgaged real estate, or who knowingly gives such
occupants false and misleading information, or who harasses or intimidates
such occupants, with the intent of inducing such occupants to abandon the
mortgaged premises, in order to obtain a finding of abandonment under
subsection (b) of Section 15-1603 or subsection (d) of Section 15-1706 of
this Article, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1105) (from Ch. 110, par. 15-1105)
Sec. 15-1105.
Interpretation.
(a) "May." The word "may" as used in this
Article means permissive and not mandatory.
(b) "Shall." The word "shall" as used in this Article means mandatory
and not permissive.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)
Sec. 15-1106. Applicability of Article. (a) Exclusive Procedure. From and after July 1, 1987 (the
effective date of Public Act 84-1462), the following shall be
foreclosed in a foreclosure pursuant to this Article:
(1) any mortgage created prior to, on or after July | ||
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(2) any real estate installment contract for | ||
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(3) any collateral assignment of beneficial interest | ||
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(b) Uniform Commercial Code. A secured party, as defined in Article
9 of the Uniform Commercial Code, may at its election enforce its security interest in a
foreclosure under this Article if its security interest was created on or after July 1, 1987 (the effective date of Public Act 84-1462) and is created by (i) a collateral
assignment of beneficial interest in a land trust or (ii) an assignment for
security of a buyer's interest in a real estate installment contract. Such
election shall be made by filing a complaint stating that it is brought
under this Article, in which event the provisions of this Article shall be
exclusive in such foreclosure.
(c) Real Estate Installment Contracts. A contract seller may at its
election enforce in a foreclosure under this Article any real estate
installment contract entered into on or after July 1, 1987 (the effective date of Public Act 84-1462)
and not required to be foreclosed under this Article. Such election shall
be made by filing a complaint stating that it is brought under this
Article, in which event the provisions of this Article shall be exclusive
in such foreclosure. A contract seller must enforce its contract under
this Article if the real estate installment contract is one described in
paragraph (2) of subsection (a) of this Section.
(d) Effect of Election. An election made pursuant to subsection (b) or
(c) of this Section shall be binding only in the foreclosure and shall be
void if
the foreclosure is terminated prior to entry of judgment.
(e) Supplementary General Principles of Law. General principles of law
and equity, such as those relating to capacity to contract, principal and
agent, marshalling of assets, priority, subrogation, estoppel, fraud,
misrepresentations, duress, collusion, mistake, bankruptcy or other
validating or invalidating cause, supplement this Article unless displaced
by a particular provision of it.
Section 9-110 of this Code shall not be applicable to
any real estate installment contract which is foreclosed under this Article.
(f) Pending Actions. A complaint to foreclose a mortgage filed before
July 1, 1987, and all proceedings and third party actions in connection
therewith, shall be adjudicated pursuant to the Illinois statutes and
applicable law in effect immediately prior to July 1, 1987. Such statutes
shall remain in effect with respect to such complaint, proceedings and
third party actions notwithstanding the amendment or repeal of such
statutes on or after July 1, 1987. (g) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to real estate installment contracts for residential real estate executed on or after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-416, eff. 1-1-18.)
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(735 ILCS 5/15-1107) (from Ch. 110, par. 15-1107)
Sec. 15-1107. Mode of Procedure. (a) Other Statutes.
Except as otherwise provided in this Article, the mode of procedure,
including the manner of service of pleadings and other papers and service
by publication, shall be in
accordance with the provisions of Article II of the Illinois Code of Civil
Procedure and any other statutes of this State which are from time to
time applicable, and with Illinois Supreme Court Rules applicable to
actions generally or otherwise applicable. If a mortgage lien is being
foreclosed under this Article and one or more non-mortgage liens or
encumbrances is being foreclosed or enforced in the same proceedings, then,
regardless of the respective priorities of the various liens or
encumbrances, the procedures and all other provisions of this Article
shall govern such proceedings, and any inconsistent statutory provisions
shall not be applicable. Without limiting the foregoing, any provision
of Article XII or
any other Article of the
Code of Civil Procedure shall apply unless inconsistent with this
Article and, in case of such inconsistency, shall not
be applicable to actions under this Article.
(b) Mechanics' Liens. Mechanics' liens shall be enforced as provided in
the Mechanics
Lien Act; provided, however,
that any mechanics' lien
claimant may assert such lien in a foreclosure under this Article, may
intervene in such foreclosure in accordance with this Article and may be
made a party in such foreclosure.
(c) Instruments Deemed a Mortgage. For the purpose of proceeding under
this Article, any instrument described in paragraph (2) or (3) of
subsection (a) of Section 15-1106, or in subsection (b) or (c) of Section
15-1106 which is foreclosed under this Article shall be deemed a mortgage.
For such purpose, the real estate installment contract purchaser, the
assignor of the beneficial interest in the land trust and the debtor, as
appropriate, shall be deemed the
mortgagor, and the real estate installment contract seller, the assignee of
the beneficial interest in the land trust and the secured party, as
appropriate, shall be deemed the mortgagee.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1108) Sec. 15-1108. Declaration of policy relating to abandoned residential property. The following findings directly relate to the changes made by this amendatory Act of the 97th General Assembly. The General Assembly finds that residential mortgage foreclosures and the abandoned properties that sometimes follow create enormous challenges for Illinois residents, local governments, and the courts, reducing neighboring property values, reducing the tax base, increasing crime, placing neighbors at greater risk of foreclosure, imposing additional costs on local governments, and increasing the burden on the courts of this State; conversely, maintaining and securing abandoned properties stabilizes property values and the tax base, decreases crime, reduces the risk of foreclosure for nearby properties, thus reducing costs for local governments and making a substantial contribution to the operation and maintenance of the courts of this State by reducing the volume of matters which burden the court system in this State. The General Assembly further finds that the average foreclosure case for residential property takes close to 2 years in Illinois; when a property is abandoned, the lengthy foreclosure process harms lien-holders, neighbors, and local governments, and imposes significant and unnecessary burdens on the courts of this State; and an expedited foreclosure process for abandoned residential property can also help the courts of this State by decreasing the volume of foreclosure cases and allowing these cases to proceed more efficiently through the court system. The General Assembly further finds that housing counseling has proven to be an effective way to help many homeowners find alternatives to foreclosure; and that housing counseling therefore also reduces the volume of matters which burden the court system in this State and allows the courts to more efficiently handle the burden of foreclosure cases.
(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/Art. XV Pt. 12 heading) Part 12.
Definitions
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(735 ILCS 5/15-1200.5) Sec. 15-1200.5. Abandoned residential property. "Abandoned residential property" means residential real estate that: (a) either: (1) is not occupied by any mortgagor or lawful | ||
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(2) contains an incomplete structure if the real | ||
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(b) with respect to which either: (1) two or more of the following conditions are shown | ||
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(A) construction was initiated on the property | ||
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(B) multiple windows on the property are boarded | ||
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(C) doors on the property are smashed through, | ||
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(D) the property has been stripped of copper or | ||
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(E) gas, electrical, or water services to the | ||
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(F) there exist one or more written statements of | ||
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(G) law enforcement officials have received at | ||
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(H) the property has been declared unfit for | ||
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(I) the local police, fire, or code enforcement | ||
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(J) the property is open and unprotected and in | ||
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(K) there exists other evidence indicating a | ||
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(2) the real estate is zoned for residential | ||
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(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/15-1200.7) Sec. 15-1200.7. Abandoned residential property; exceptions. A property shall not be considered abandoned residential property if: (i) there is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in substantial compliance with all applicable ordinances, codes, regulations, and laws; (ii) there is a building occupied on a seasonal basis, but otherwise secure; (iii) there is a secure building on which there are bona fide rental or sale signs; (iv) there is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute; or (v) there is a building that is otherwise secure and in substantial compliance with all applicable ordinances, codes, regulations, and laws.
(Source: P.A. 97-1164, eff. 6-1-13.) |
(735 ILCS 5/15-1201) (from Ch. 110, par. 15-1201)
Sec. 15-1201. Agricultural Real Estate. "Agricultural real estate"
means real estate which is used primarily (i)
for the growing and harvesting of crops, (ii) for the feeding, breeding
and management of livestock, (iii) for dairying, or (iv) for any other agricultural
or horticultural use or combination thereof, including without limitation, aquaculture,
silviculture, and any other activities customarily engaged in by persons
engaged in the business of farming.
(Source: P.A. 95-331, eff. 8-21-07.)
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(735 ILCS 5/15-1202) (from Ch. 110, par. 15-1202)
Sec. 15-1202.
Collateral Assignment of Beneficial Interest.
"Collateral
assignment of beneficial interest" means any pledge or assignment of the
beneficial interest in a land trust to any person to secure a debt or other obligation.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1202.5)
Sec. 15-1202.5. Dwelling unit. For the purposes of Sections 9-207.5, 15-1224, 15-1225, 15-1506, 15-1508, 15-1508.5, 15-1701, 15-1703, and 15-1704 only, "dwelling unit" means a room or suite of rooms providing complete, independent living facilities for at least one person, including permanent provisions for sanitation, cooking, eating, sleeping, and other activities routinely associated with daily life.
(Source: P.A. 97-575, eff. 8-26-11; 98-514, eff. 11-19-13.) |
(735 ILCS 5/15-1203) (from Ch. 110, par. 15-1203)
Sec. 15-1203.
Foreclosure.
"Foreclosure" means an action commenced
under this Article and "to foreclose" means to terminate legal and equitable
interests in real estate pursuant to a foreclosure.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1204) (from Ch. 110, par. 15-1204)
Sec. 15-1204.
Guarantor.
"Guarantor" means any person who has
undertaken to pay any indebtedness or perform any obligation of a mortgagor
under a mortgage or of any other person who owes payment or the performance
of other obligations secured by the mortgage, which undertaking is made by
a guaranty or surety agreement of any kind.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1205) (from Ch. 110, par. 15-1205)
Sec. 15-1205.
Land Trust.
"Land trust" means any trust arrangement
under which the legal and equitable title to real estate is held by a
trustee, the interest of the beneficiary of the trust is personal property
and the beneficiary or any person designated in writing by the beneficiary
has (i) the exclusive power to direct or control the trustee in dealing
with the title to the trust property, (ii) the exclusive control of the
management, operation, renting and selling of the trust property and (iii)
the exclusive right to the earnings, avails and proceeds of the trust property.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1206) (from Ch. 110, par. 15-1206)
Sec. 15-1206. Mechanics' Lien. "Mechanics' lien" or "mechanics' lien
claim" means a lien or claim arising under the Mechanics
Lien Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1207) (from Ch. 110, par. 15-1207)
Sec. 15-1207.
Mortgage.
"Mortgage" means any consensual lien created
by a written instrument which grants or retains an interest in real estate
to secure a debt or other obligation. The term "mortgage" includes, without limitation:
(a) mortgages securing "reverse mortgage" loans as authorized by
subsection (a) of Section
5 of the Illinois Banking Act;
(b) mortgages securing "revolving credit" loans as authorized by
subsection (c) of Section
5 of the Illinois Banking Act, Section 1-6b of the Illinois Savings and
Loan Act and Section 46 of the Illinois Credit Union Act;
(c) every deed conveying real estate, although an absolute conveyance in
its terms, which shall have been intended only as a security in the nature
of a mortgage;
(d) equitable mortgages; and
(e) instruments which would have been deemed instruments in the nature
of a mortgage prior to the effective date of this amendatory Act of 1987.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1208) (from Ch. 110, par. 15-1208)
Sec. 15-1208.
Mortgagee.
"Mortgagee" means (i) the holder of an
indebtedness or obligee of a
non-monetary obligation secured by a mortgage or any person designated or
authorized to act on behalf of such holder and (ii) any person claiming
through a mortgagee as successor.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1209) (from Ch. 110, par. 15-1209)
Sec. 15-1209.
Mortgagor.
"Mortgagor" means (i) the person whose
interest in the real estate is the subject of the mortgage and (ii) any
person claiming through a mortgagor as successor.
Where a mortgage is executed by a trustee of a land trust, the mortgagor
is the trustee and not the beneficiary or beneficiaries.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1210) (from Ch. 110, par. 15-1210)
Sec. 15-1210.
Nonrecord Claimant.
"Nonrecord claimant" means any
person (i) who has or claims to have an interest in mortgaged real estate,
(ii) whose name or interest, at the time a notice of foreclosure is
recorded in accordance with Section 15-1503, is not disclosed of record
either (1) by means of a recorded notice or (2) by means of a proceeding
which under the law as in effect at the time the foreclosure is commenced
would afford constructive notice of the existence of such interest and
(iii) whose interest falls in any of the following categories: (1) right of
homestead, (2) judgment creditor, (3) beneficial interest under any trust
other than the beneficial interest of a beneficiary of a trust in actual
possession of all or part of the real estate or (4) mechanics' lien claim.
Notwithstanding the foregoing, for the purpose of this Article no
proceeding shall be deemed to constitute constructive notice of the
interest of any nonrecord claimant in the mortgaged real estate unless in
the proceeding there is a legal description of the real estate sufficient
to identify it with reasonable certainty. The classification of any person
as a nonrecord claimant under the foregoing definition shall not be
affected by any actual notice or knowledge
of or attributable to the mortgagee.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1211) (from Ch. 110, par. 15-1211)
Sec. 15-1211.
Notice of Foreclosure.
"Notice of foreclosure" means
the notice of a foreclosure which is made and recorded in accordance with
Section 15-1503 of this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1212) (from Ch. 110, par. 15-1212)
Sec. 15-1212.
Owner of Redemption.
"Owner of redemption" means a
mortgagor, or other owner or co-owner of the
mortgaged real estate.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1213) (from Ch. 110, par. 15-1213)
Sec. 15-1213. Real Estate. "Real estate" means land or any estate or
interest in, over or under land (including minerals, air rights,
structures, fixtures and other things which by custom, usage or law pass
with a conveyance of land though not described or mentioned in the contract
of sale or instrument of conveyance). "Mortgaged real estate" means the
real estate which is the subject of a mortgage. "Real estate" includes a manufactured home as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code that is real property as defined in the Conveyance and Encumbrance of Manufactured Homes as Real Property and Severance Act.
(Source: P.A. 98-749, eff. 7-16-14.)
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(735 ILCS 5/15-1214) (from Ch. 110, par. 15-1214)
Sec. 15-1214.
Real Estate Installment Contract.
"Real estate
installment contract" means any agreement or contract for a deed under
which the purchase price is to be paid in installments with title to the
real estate to be conveyed to the buyer upon payment of the purchase price
or a specified portion thereof. For the purpose of this definition, an
earnest money deposit shall not be considered an installment.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1215) (from Ch. 110, par. 15-1215)
Sec. 15-1215.
Receiver.
"Receiver" means a receiver appointed
pursuant to Section 15-1704 of this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1216) (from Ch. 110, par. 15-1216)
Sec. 15-1216.
Recorder.
"Recorder" means (i) the Recorder
of the county in which the mortgaged real estate is located or (ii) if the
mortgaged real estate is registered under the Torrens Act, the Registrar of
Titles of the county in which the mortgaged real estate is located.
"Recorder" includes any authorized assistant or employee of the Recorder.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1217) (from Ch. 110, par. 15-1217)
Sec. 15-1217. Recording of Instruments. "Recording of instruments"
or "to record" means to present to the Recorder a document, in recordable
form, which is to be recorded in accordance with Section 3-5024 of the Counties Code, together with the required recording fee. The Registrar of
Titles shall accept the filing of notices or affidavits required or
permitted by this Article without the necessity of the production of evidence of title.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1218) (from Ch. 110, par. 15-1218)
Sec. 15-1218.
Recorded Notice.
"Recorded notice" with respect to any
real estate means (i) any instrument filed in accordance with Sections
2-1901 or 12-101 of the Code of Civil Procedure or (ii) any
recorded instrument which
discloses (a) the names and
addresses of the persons making the claim or asserting the interest
described in the notice; (b) that such persons have or claim some interest
in or lien on the subject real estate; (c) the nature of the claim; (d) the
names of the persons against whom the claim is made; (e) a legal
description of the real estate sufficient to identify it with reasonable
certainty; (f) the name and address of the person executing the notice; and
(g) the name and address of the person preparing the notice.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1219) (from Ch. 110, par. 15-1219)
Sec. 15-1219. Residential Real Estate. "Residential real estate"
means any real estate, except a single tract of agricultural real estate
consisting of more than 40 acres, which is improved with a single family
residence or residential condominium units or a multiple dwelling structure
containing single family dwelling units for six or fewer families living
independently of each other, which residence, or at least one of which
condominium or dwelling units, is occupied as a principal residence either
(i) if a mortgagor is an individual,
by that mortgagor, that mortgagor's spouse or that mortgagor's descendants,
or (ii) if a mortgagor is a trustee of a trust or an executor or
administrator of an estate, by a beneficiary of that trust or estate or by such
beneficiary's spouse or descendants or (iii) if a mortgagor is a
corporation, by persons owning collectively at least 50 percent of the
shares of voting stock of such corporation or by a spouse or descendants
of such persons.
The use of a portion of residential real estate for non-residential
purposes shall not affect the characterization of such real estate as
residential real estate. For purposes of the definition of the term "abandoned residential property" in Section 15-1200.5 of this Article, "abandoned residential property" shall not include the requirement that the real estate be occupied, or if zoned for residential development, improved with a dwelling structure.
(Source: P.A. 97-1164, eff. 6-1-13.)
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(735 ILCS 5/15-1220) (from Ch. 110, par. 15-1220)
Sec. 15-1220.
Statutory Judgment Rate.
"Statutory judgment rate"
means the rate of interest on judgments specified in Section 2-1303 of the
Code of Civil Procedure.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1221) (from Ch. 110, par. 15-1221)
Sec. 15-1221.
Unknown Owner.
"Unknown owner" means the same as
"unknown owner" as used in Section 2-413 of the Code of Civil Procedure.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1222) (from Ch. 110, par. 15-1222)
Sec. 15-1222. Acts Referred to in this Article. Acts referred to by
name in this Article shall mean those Acts, as amended from time to time,
and, in particular:
(a) "Torrens Act" means "An act concerning land titles", approved May 1, 1897.
(b) (Blank).
(c) "Mechanics
Lien Act" means the Mechanics Lien Act, 770 ILCS 60/Act.
(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/15-1223)
Sec. 15-1223.
Occupant.
"Occupant" means a person in lawful physical
possession
of all or part of the mortgaged real estate.
(Source: P.A. 88-265.)
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(735 ILCS 5/15-1224) Sec. 15-1224. Bona fide lease. (a) For purposes of Sections 9-207.5, 15-1225, 15-1506, 15-1508, and 15-1701 of this Code only, the term "bona fide lease" means a lease of a dwelling unit in residential real estate in foreclosure for which: (1) the mortgagor or the child, spouse, or parent of | ||
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(2) the lease was the result of an arms-length | ||
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(3) the lease requires the receipt of rent that is | ||
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(4) either (i) the lease was entered into or renewed | ||
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(b) A written lease for a term exceeding one year that is entered into or renewed after the date of the filing of the lis pendens on the residential real estate in foreclosure pursuant to Section 2-1901 of this Code and before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a term of one year. (c) An oral lease entered into at any time before the date of the judicial sale of the residential real estate in foreclosure that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term, unless the lessee proves by a preponderance of evidence that the oral lease is for a longer term. In no event shall an oral lease be deemed to be a bona fide lease for a term of more than one year. (d) A written or oral lease entered into on or after the date of the judicial sale of the residential real estate in foreclosure and before the date of the court order confirming the judicial sale that otherwise meets the requirements of subsection (a) of this Section shall be deemed to be a bona fide lease for a month-to-month term. (e) Notwithstanding paragraph (1) of subsection (a) of this Section, a child, spouse, or parent of the mortgagor may prove by a preponderance of evidence that a written or oral lease that otherwise meets the requirements of subsection (a) of this Section is a bona fide lease.
(Source: P.A. 98-514, eff. 11-19-13.) |
(735 ILCS 5/15-1225) Sec. 15-1225. Residential real estate in foreclosure. For purposes of Sections 9-207.5, 15-1224, 15-1506, 15-1508, and 15-1701 of this Code only, the term "residential real estate in foreclosure" means any real estate, except a single tract of agricultural real estate consisting of more than 40 acres, which is improved with a single family residence or residential condominium units or a multiple dwelling structure containing single family dwelling units for one or more families living independently of one another, for which an action to foreclose the real estate: (1) has commenced and is pending; (2) was pending when the bona fide lease was entered into or renewed; or (3) was commenced after the bona fide lease was entered into or renewed.
(Source: P.A. 98-514, eff. 11-19-13.) |
(735 ILCS 5/Art. XV Pt. 13 heading) Part 13.
Mortgage Lien Priorities
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(735 ILCS 5/15-1301) (from Ch. 110, par. 15-1301)
Sec. 15-1301.
Lien Created.
Except as provided in Section 15-1302,
from the time a mortgage is recorded it shall be a lien upon the real
estate that is the subject of the mortgage for all monies advanced or
applied or other obligations secured in accordance with the terms of the
mortgage or as authorized by law, including the amounts specified in a
judgment of foreclosure in accordance with subsection (d) of Section 15-1603.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1302) (from Ch. 110, par. 15-1302)
Sec. 15-1302. Certain Future Advances. (a) Advances Made After
Eighteen Months. Except as provided in subsection (b) of Section 15-1302, as to any
monies advanced or applied more than 18 months after a mortgage is
recorded, the mortgage shall be a lien as to subsequent purchasers and
judgment creditors only from the time such monies are advanced or applied.
However, nothing in this Section shall affect any lien arising or existing
by virtue of the Mechanics
Lien Act.
(b) Exceptions.
(1) All monies advanced or applied pursuant to | ||
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(2) All monies advanced or applied, whenever advanced | ||
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(3) All monies advanced or applied in accordance with | ||
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(4) All interest which in accordance with the terms | ||
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(5) All monies advanced by the mortgagee in | ||
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(Source: P.A. 96-328, eff. 8-11-09.)
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(735 ILCS 5/Art. XV Pt. 14 heading) Part 14.
Methods of Terminating
Mortgagor's Interest in Real Estate
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(735 ILCS 5/15-1401) (from Ch. 110, par. 15-1401)
Sec. 15-1401.
Deed in Lieu of Foreclosure.
The mortgagor and
mortgagee may agree on a termination of the mortgagor's interest in the
mortgaged real estate after a default by a mortgagor. Any mortgagee or
mortgagee's nominee may accept a deed from the mortgagor in lieu of
foreclosure subject to any other claims or liens affecting the real estate.
Acceptance of a deed in lieu of foreclosure shall relieve from personal
liability all persons who may owe payment or the performance of other
obligations secured by the mortgage, including guarantors of such
indebtedness or obligations, except to the extent a person agrees not to be
relieved in an instrument executed contemporaneously. A deed in lieu of
foreclosure, whether to the mortgagee or mortgagee's nominee, shall not
effect a merger of the mortgagee's interest as mortgagee and the
mortgagee's interest derived from the deed in lieu of foreclosure.
The mere tender of an executed deed by the mortgagor or the recording of
a deed by the mortgagor to the mortgagee shall not constitute acceptance by
the mortgagee of a deed in lieu of foreclosure.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1401.1) Sec. 15-1401.1. Short sale in foreclosure. (a) As used in this Section: "Certified community development financial institution" means a community development financial institution that is certified by the Community Development Financial Institutions Fund in the U.S. Department of Treasury under 12 U.S.C. 4701 et seq. "Short sale" means the sale of real
estate that is subject to a mortgage for an amount that is less
than the amount owed to the mortgagee on the outstanding
mortgage note. "Residential property" means real property on which there is a dwelling unit with accommodations for 4 or fewer separate households and occupied, or to be occupied, in whole or in part, by the mortgagor; however: (i) "residential property" is limited to the primary | ||
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(ii) "residential property" does not include an | ||
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(iii) "residential property" does not include | ||
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(b) In a foreclosure of residential real estate, if (i) the
mortgagor presents to the mortgagee a bona fide written offer from a
third party to purchase the property that is the subject of the
foreclosure proceeding, (ii) the written offer to purchase is
for an amount which constitutes a short sale of the property,
and (iii) the mortgagor makes a written request to the
mortgagee to approve the sale on the terms of the offer to
purchase, the mortgagee must respond to the mortgagor within 90
days after receipt of the written offer and written request. (c) The mortgagee shall determine whether to accept the mortgagor's short sale offer. Failure to accept the offer shall not impair or abrogate in any way the rights of the mortgagee or affect the status of the foreclosure proceedings. The 90-day period shall not operate as a stay of the proceedings.
(d) If an offer to purchase either a mortgage or residential property is made by an entity with a tax-exempt filing status under Section 501(c)(3) of the Internal Revenue Code for the purpose of reselling that mortgage or residential property to the mortgagor, and financing for the repurchase will be provided by a certified community development financial institution, an affidavit, statement, agreement, or addendum limiting ownership or occupancy of the residential property by the mortgagor shall not provide a basis to avoid a sale or transfer, nor is it enforceable against the acquiring entity or any real estate broker, mortgagor, or settlement agent named in the affidavit, statement, agreement, or addendum. At the time of the offer, the following disclosures shall be made to the mortgagee by the mortgagor in connection with any purchase or sale under this subsection: (i) the entity seeking to purchase shall disclose its tax-exempt status; (ii) the entity that will finance the sale following the purchase shall disclose its status as a certified community development financial institution; and (iii) the disclosure shall state whether the residential property is to be sold back to the mortgagor. Upon request by the mortgagee, a certified community development financial institution shall provide documentation evidencing its current certification status. Nothing in this subsection shall impair, abrogate, or abridge in any manner the rights of the mortgagee pursuant to subsection (c) to accept or reject an offer to purchase either a mortgage or residential property, nor shall it give rise to a cause of action. (Source: P.A. 101-396, eff. 8-16-19.) |
(735 ILCS 5/15-1402) (from Ch. 110, par. 15-1402)
Sec. 15-1402.
Consent Foreclosure.
(a) No Objection. In a
foreclosure, the court shall enter a judgment satisfying the mortgage
indebtedness by vesting absolute title to the mortgaged real estate in the
mortgagee free and clear of all claims, liens (except liens of the United
States of America which cannot be foreclosed without judicial sale) and
interest of the mortgagor, including all rights of reinstatement and
redemption, and of all rights of all other persons made parties in the
foreclosure whose interests are subordinate to that of the mortgagee and
all nonrecord claimants given notice in accordance with paragraph (2) of
subsection (c) of Section
15-1502 if at any time before sale:
(1) the mortgagee offers, in connection with such a | ||
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(2) such offer is made either in the foreclosure | ||
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(3) all mortgagors who then have an interest in the | ||
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(4) no other party, by answer or by response to the | ||
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(5) upon notice to all parties who have not | ||
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(b) Objection. If any party other than a mortgagor who
then has an interest in the mortgaged real estate objects to the entry
of such judgment by consent, the court, after hearing, shall enter an order
providing either:
(1) that for good cause shown, the judgment by | ||
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(2) that, good cause not having been shown by the | ||
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(3) determining the amount required to redeem in | ||
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(c) Judgment. Any judgment entered pursuant to Section 15-1402 shall
recite the mortgagee's waiver of rights to a personal judgment for
deficiency and shall bar the mortgagee from obtaining such a deficiency
judgment against the mortgagor or any other person liable for the
indebtedness or other obligations secured by the mortgage.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1403) (from Ch. 110, par. 15-1403)
Sec. 15-1403.
Common Law Strict Foreclosure.
Nothing in this Article
shall affect the right of a mortgagee to foreclose its mortgage by a common
law strict foreclosure as in existence in Illinois on the effective date of
this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1404) (from Ch. 110, par. 15-1404)
Sec. 15-1404.
Judicial Foreclosure.
Except as provided
in subsection (d) of Section 15-1501, the interest in the
mortgaged real estate of (i) all persons
made a party in such foreclosure and (ii) all nonrecord claimants given
notice in accordance with paragraph (2) of subsection (c) of Section
15-1502, shall be terminated by the
judicial sale of the real estate, pursuant to a judgment of
foreclosure, provided the sale is confirmed in
accordance with this Article.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1405) (from Ch. 110, par. 15-1405)
Sec. 15-1405.
Power of Sale.
No real estate within this State may be
sold by virtue of any power of sale contained in a mortgage or any other
agreement, and all such mortgages may only be foreclosed in accordance with
this Article.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XV Pt. 15 heading) Part 15.
Judicial Foreclosure Procedure
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(735 ILCS 5/15-1501) (from Ch. 110, par. 15-1501)
Sec. 15-1501. Parties.
(a) Necessary Parties. For the purposes of
Section 2-405 of the Code of Civil Procedure, only (i) the mortgagor and (ii)
other
persons (but not guarantors)
who owe payment of indebtedness or the performance of other
obligations secured by the mortgage and against whom personal liability is
asserted shall be necessary parties defendant in
a foreclosure. The court may proceed to adjudicate their respective
interests, but any disposition of the mortgaged real estate shall be
subject to (i) the interests of all other persons not made a party or (ii)
interests in the mortgaged real estate not otherwise barred or
terminated in the foreclosure.
(b) Permissible Parties. Any party may join as a party any other
person, although such person is not a necessary party, including, without
limitation, the following:
(1) All persons having a possessory interest in the | ||
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(2) A mortgagor's spouse who has waived the right of | ||
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(3) A trustee holding an interest in the mortgaged | ||
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(4) The owner or holder of a note secured by a trust | ||
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(5) Guarantors, provided that in a foreclosure any | ||
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(6) The State of Illinois or any political | ||
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(7) The United States of America or any agency or | ||
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(8) Any assignee of leases or rents relating to the | ||
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(9) Any person who may have a lien under the | ||
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(10) Any other mortgagee or claimant.
(c) Unknown Owners. Any unknown owner may be made a party in accordance
with Section 2-413 of the Code of Civil Procedure.
(d) Right to Become Party. Any person who has or claims an interest in
real estate which is the subject of a foreclosure or an interest in any
debt secured by the mortgage shall have an unconditional
right to appear and become a party in such foreclosure in accordance with
subsection (e) of Section 15-1501, provided, that neither such
appearance by a lessee
whose interest in the real estate is subordinate to the interest being
foreclosed, nor the act of making such lessee a party,
shall result in the termination of the lessee's lease unless the
termination of the lease or lessee's interest in the mortgaged real estate is
specifically
ordered by the court in the judgment of foreclosure.
(e) Time of Intervention.
(1) Of Right. A person not a party, other than a | ||
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(2) In Court's Discretion. After the right to | ||
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(3) Later Right. After the sale of the mortgaged | ||
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(4) Termination of Interest. Except as provided in | ||
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(f) Separate Actions. Any mortgagee or claimant, other than the
mortgagee who commences a foreclosure, whose interest in the mortgaged real
estate is recorded prior to the filing of a notice of foreclosure in
accordance with this Article but who is not made a party to such
foreclosure, shall not be barred from filing a separate foreclosure (i) as
an intervening defendant or counterclaimant in accordance with subsections
(d) and (e) of Section
15-1501 if a judgment of foreclosure has not been entered
in the original foreclosure or (ii) in a new foreclosure subsequent to the
entry of a judgment of foreclosure in the original foreclosure.
(g) Service on the State of Illinois. When making the State of
Illinois a party to a foreclosure, summons may be served by sending, by
registered or certified mail, a copy of the summons and the complaint to
the Attorney General. The complaint shall set forth with particularity the
nature of the interest or lien of the State of Illinois. If such interest
or lien appears in a recorded instrument, the complaint must state the
document number of the instrument and the office wherein it was recorded.
(h) Special Representatives. With respect to the property that is the subject of the action, the court is not required to appoint a special representative for a deceased mortgagor for the purpose of defending the action, if there is a: (1) living person, persons, or entity that holds a | ||
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(2) beneficiary under a transfer on death instrument | ||
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(3) person, persons, or entity that was conveyed | ||
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(4) person, persons, or entity that was conveyed | ||
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(5) trust that was conveyed title to the property by: (A) the deceased mortgagor prior to death; or (B) any other person, persons, or entity that is | ||
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In no event may a deficiency judgment be sought or entered in the foreclosure case pursuant to subsection (e) of Section 15-1508 against a deceased mortgagor. (Source: P.A. 98-514, eff. 11-19-13; 99-24, eff. 1-1-16.)
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(735 ILCS 5/15-1501.5) Sec. 15-1501.5. Return from combat stay. In addition to any rights and obligations provided under the federal Servicemembers Civil Relief Act, whenever it is determined in a foreclosure proceeding that the mortgagor defendant is a person who was deployed to a combat or combat support posting while on active military duty and serving overseas within the previous 12 months, the court must stay the proceedings for a period of 90 days upon application to the court by the mortgagor defendant. "Active military duty" means, for purposes of this Section, service on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
(Source: P.A. 96-901, eff. 1-1-11; 97-333, eff. 8-12-11.) |
(735 ILCS 5/15-1501.6) Sec. 15-1501.6. Relief in mortgage foreclosure proceedings for military personnel in military service. (a) In this Section: "Military service" means any full-time training or duty, no matter how described under federal or State law, for which a service member is ordered to report by the President, Governor of a state, commonwealth, or territory of the United States, or other appropriate military authority. "Service member" means a resident of Illinois who is a member of any component of the U.S. Armed Forces or the National Guard of any state, the District of Columbia, a commonwealth, or a territory of the United States. (b) In an action for foreclosure, a mortgagor who is a service member that has entered military service for a period greater than 29 consecutive days or any member of the mortgagor's family who resides with the mortgagor at the mortgaged premises, if the mortgagor entered into the mortgage agreement before the mortgagor received orders for military service on or after the effective date of this amendatory Act of the 97th General Assembly, may file a motion for relief and the court shall, if the mortgagor's ability to pay the agreed mortgage payments or to defend the foreclosure proceedings is materially affected by the mortgagor's military service, do one or more of the following: (1) stay the proceedings for a period of 90 days | ||
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(2) adjust the obligation under the mortgage | ||
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(c) In order to be eligible for the benefits granted to a service member under this Section, a service member or a member of the service member's family who resides with the service member at the mortgaged premises must provide the court and the mortgagee with a copy of the orders calling the service member to military service in excess of 29 consecutive days and of any orders further extending the service member's period of service. (d) If a stay is granted under this Section, the court
may grant the mortgagee such relief as equity may require. (e) The forms of relief available under this Section shall continue to be available up to 90 days after the completion of the service member's military service. (f) In addition to any sanction available to the court for violation of a stay or order, a violation of this Section constitutes a civil rights violation under the Illinois Human Rights Act. All proceeds from the collection of any civil penalty
imposed pursuant to the Illinois Human Rights Act under this subsection shall be deposited into the Illinois Military Family Relief Fund.
(Source: P.A. 97-913, eff. 1-1-13.) |
(735 ILCS 5/15-1502) (from Ch. 110, par. 15-1502)
Sec. 15-1502.
Nonrecord Claimants.
(a) Right to Become Record Claimant.
At any time prior to the recording of a notice of foreclosure in accordance
with Section 15-1503, a nonrecord claimant or unknown owner may become a
record claimant with respect to the foreclosure by recording a notice of
such claimant's interest in the mortgaged real estate in accordance with Section 15-1218.
(b) Rights of Nonrecord Claimants After Notice. The interest in the
mortgaged real estate of a nonrecord claimant who is given notice of the
foreclosure as provided in paragraph (2) of subsection (c) of Section 15-1502
shall be barred and
terminated by any judgment of foreclosure to the same extent as if such
claimant had been a party.
(c) Terminating Rights of Nonrecord Claimants. (1) Contents of
Affidavit. A party in a foreclosure seeking to bar and terminate the
interest in the mortgaged real estate of nonrecord claimants shall file in
the office of the clerk of the court in which such action is pending an
affidavit stating (i) the names and respective present or last known places
of residence of such nonrecord claimants, or (ii) that the existence, names
or the present or last known places of residence, or both, of such
nonrecord claimants are unknown as of that time to the party and to the
party's attorney. Such affidavit, with respect to names and places of
residence, may be made upon information and belief of the affiant. The
affidavit need not state that inquiry has been made to ascertain the names
or present or last known places of residence of such nonrecord claimants,
and no such inquiry need be made.
(2) Notice. At least 30 days prior to the entry of a judgment of
foreclosure, any person identified in the affidavit described in paragraph
(1) of subsection (c) of Section
15-1502 shall be given a notice of the foreclosure complying with the
requirements of Section 15-1503 by the party filing the affidavit. Such
notice shall be given in the manner and upon the terms and conditions set
forth in Sections 2-206 and 2-207 of the Code of Civil Procedure, except
that (i) such notice with
respect to nonrecord claimants whose names are not set forth in such
affidavit, instead of being addressed to such nonrecord claimants by name,
may simply be addressed to "Nonrecord Claimants" and (ii) when the
mortgaged real estate is located within a municipality in a county with a
population under 2,000,000, publication shall be in a newspaper generally
circulated in such municipality. Such notice shall
have the same effect with respect to all nonrecord claimants designated
therein as though a notice containing their names had been published in
accordance with Sections 2-206 and 2-207 of the Code of Civil
Procedure and may be combined with any
notice published against parties defendant in the same action pursuant to those Sections.
(3) Errors. Any inaccuracy in the affidavit described
in paragraph (1) of subsection (c) of Section 15-1502 or the failure to
file such affidavit or the failure to give notice in accordance with
paragraph (2) of subsection (c) of Section 15-1502 shall not
invalidate any sale made pursuant to this Article.
(4) Rights of Barred Nonrecord Claimant.
Nothing in
paragraph (3) of subsection (c) of Section
15-1502 shall affect the rights, if any, of any nonrecord claimant
whose interest in the mortgaged real estate was barred and terminated to
bring an action against any party to the foreclosure on whose behalf the
affidavit was filed, on account of the
filing of an inaccurate affidavit by such party in accordance with
paragraph (1) of subsection (c) of Section
15-1502 or the failure to give notice in accordance with paragraph (2) of
subsection (c) of Section 15-1502.
(Source: P.A. 84-1462.)
|
(735 ILCS 5/15-1502.5) Sec. 15-1502.5. (Repealed).
(Source: P.A. 98-25, eff. 6-20-13. Repealed internally, eff. 7-1-16.) |
(735 ILCS 5/15-1503) (from Ch. 110, par. 15-1503)
Sec. 15-1503. Notice of foreclosure. (a) A notice of foreclosure, whether
the foreclosure is initiated by complaint or
counterclaim, made in accordance with this Section and recorded in the
county in which the mortgaged real estate is located shall be constructive
notice of the pendency of the foreclosure to every person claiming an
interest in or lien on the mortgaged real estate, whose interest or lien
has not been recorded prior to the recording of such notice of foreclosure.
Such notice of foreclosure must be executed by any party or any party's
attorney and shall include (i) the names of all plaintiffs and the case
number, (ii) the court in which the action was brought, (iii) the names of
title holders of record, (iv) a legal description of the real estate
sufficient to identify it with reasonable certainty, (v) a common address
or description of the location of the real estate and (vi) identification
of the mortgage sought to be foreclosed. An incorrect common address or
description of the location, or an immaterial error in the identification
of a plaintiff or title holder of record, shall not invalidate the lis
pendens effect of the notice under this Section.
A notice which complies with this Section shall be deemed to comply with
Section 2-1901 of the Code of Civil
Procedure and shall have the same effect as a notice filed pursuant to
that Section; however, a notice which complies with Section 2-1901 shall
not be constructive notice unless it also complies with the requirements of
this Section.
(b) (Blank). (Source: P.A. 102-15, eff. 6-17-21; 103-61, eff. 6-9-23.)
|
(735 ILCS 5/15-1504) (from Ch. 110, par. 15-1504)
Sec. 15-1504. Pleadings and service.
(a) Form of Complaint. A foreclosure complaint
may be in substantially the following form:
(1) Plaintiff files this complaint to foreclose the | ||
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(2) Attached as Exhibit "A" is a copy of the mortgage | ||
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(3) Information concerning mortgage:
(A) Nature of instrument: (here insert whether a | ||
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(B) Date of mortgage:
(C) Name of mortgagor:
(D) Name of mortgagee:
(E) Date and place of recording:
(F) Identification of recording: (here insert | ||
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(G) Interest subject to the mortgage: (here | ||
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(H) Amount of original indebtedness, including | ||
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(I) Both the legal description of the mortgaged | ||
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(J) Statement as to defaults, including, but not | ||
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(K) Name of present owner of the real estate:
(L) Names of other persons who are joined as | ||
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(M) Names of defendants claimed to be personally | ||
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(N) Capacity in which plaintiff brings this | ||
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(O) Facts in support of redemption period shorter | ||
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(P) Statement that the right of redemption has | ||
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(Q) Facts in support of request for attorneys' | ||
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(R) Facts in support of a request for appointment | ||
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(S) Offer to mortgagor in accordance with Section | ||
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(T) Name or names of defendants whose right to | ||
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REQUEST FOR RELIEF
Plaintiff requests:
(i) A judgment of foreclosure and sale.
(ii) An order granting a shortened redemption period, | ||
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(iii) A personal judgment for a deficiency, if sought.
(iv) An order granting possession, if sought.
(v) An order placing the mortgagee in possession or | ||
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(vi) A judgment for attorneys' fees, costs and | ||
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(b) Required Information. A foreclosure complaint need contain only such
statements and requests called for by the form set forth in subsection (a) of
Section
15-1504 as may be appropriate for the relief sought. Such complaint may
be filed as a counterclaim, may be joined with other counts or may include
in the same count additional matters or a request for any additional
relief permitted by Article
II of the Code of Civil Procedure.
(c) Allegations. The statements contained in a complaint in the form
set forth in subsection (a) of Section 15-1504 are deemed and construed to include
allegations as follows:
(1) that, on the date indicated, the obligor of the | ||
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(2) that the exhibits attached are true and correct | ||
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(3) that the mortgagor was at the date indicated an | ||
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(4) that the mortgage was recorded in the county in | ||
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(5) that defaults occurred as indicated;
(6) that at the time of the filing of the complaint | ||
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(7) that the mortgage constitutes a valid, prior and | ||
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(8) that by reason of the defaults alleged, if the | ||
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(9) that any and all notices of default or election | ||
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(10) that any and all periods of grace or other | ||
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(11) that the amounts indicated in the statement in | ||
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(12) that, upon confirmation of the sale, the holder | ||
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(d) Request for Fees and Costs. A statement in the complaint that
plaintiff seeks the inclusion of attorneys' fees and of costs and expenses
shall be deemed and construed to include allegations that:
(1) plaintiff has been compelled to employ and retain | ||
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(2) the plaintiff has been compelled to advance or | ||
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(3) under the terms of the mortgage, all such | ||
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(4) in order to protect the lien of the mortgage, it | ||
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(5) in order to protect and preserve the mortgaged | ||
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(6) under the terms of the mortgage, any money so | ||
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(e) Request for Foreclosure. The request for foreclosure is deemed and
construed to mean that the plaintiff requests that:
(1) an accounting may be taken under the direction of | ||
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(2) the defendants be ordered to pay to the plaintiff | ||
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(3) in default of such payment in accordance with the | ||
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(4) in the event the plaintiff is a purchaser of the | ||
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(5) in the event of such sale and the failure of any | ||
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(6) if no redemption is made prior to such sale, a | ||
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(f) Request for Deficiency Judgment. A request for a personal judgment
for a deficiency in a foreclosure complaint if the sale of the mortgaged
real estate fails to produce a sufficient amount to pay the amount found
due, the plaintiff may have a personal judgment against any party in the
foreclosure indicated as being personally liable therefor and the enforcement
thereof be had as provided by law.
(g) Request for Possession or Receiver. A request for possession or appointment
of a receiver has the meaning as stated in subsection (b) of Section 15-1706.
(h) Answers by Parties. Any party
may assert its interest by counterclaim and such counterclaim may at the
option of that party stand in lieu of answer to the complaint for
foreclosure and all counter complaints previously or thereafter filed
in the foreclosure. Any such counterclaim shall be deemed to constitute a
statement that the counter claimant does not have sufficient knowledge to
form a belief as to the truth or falsity of the
allegations of the complaint and all other counterclaims, except
to the extent that the counterclaim admits or specifically denies such
allegations.
(Source: P.A. 97-1164, eff. 6-1-13.)
|
(735 ILCS 5/15-1504.1) Sec. 15-1504.1. Filing fee for Foreclosure Prevention Program Fund, Foreclosure Prevention Program Graduated Fund, and Abandoned Residential Property Municipality Relief Fund. (a) Fee paid by all plaintiffs with respect to residential real estate. With respect to residential real estate, at the time of the filing of a foreclosure complaint, the plaintiff shall pay to the clerk of the court in which the foreclosure complaint is filed a fee of $50 for deposit into the Foreclosure Prevention Program Fund, a special
fund created in the State treasury. The clerk shall remit the fee collected pursuant to this subsection (a) to the State Treasurer to be expended for the purposes set forth in Section 7.30 of the Illinois Housing Development Act. All fees paid by plaintiffs to the clerk of the court as provided in this subsection (a) shall be disbursed within 60 days after receipt by the clerk of the court as follows: (i) 98% to the State Treasurer for deposit into the Foreclosure Prevention Program Fund, and (ii) 2% to the clerk of the court to be retained by the clerk for deposit into the Circuit Court Clerk Operation and Administrative Fund to defray administrative expenses related to implementation of this subsection (a). Notwithstanding any other law to the contrary, the Foreclosure Prevention Program Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Foreclosure Prevention Program Fund into any other fund of the State. (a-5) Additional fee paid by plaintiffs with respect to residential real estate. (1) Until January 1, 2023, with respect to | ||
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(A) The fee shall be $500 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff is not a depository | ||
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(B) The fee shall be $250 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff, together with its | ||
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(iv) the plaintiff is not a depository | ||
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(C) The fee shall be $50 if: (i) the plaintiff, together with its | ||
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(ii) the plaintiff, together with its | ||
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(iii) the plaintiff, together with its | ||
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(iv) the plaintiff, together with its | ||
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(v) the plaintiff is not a depository | ||
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(2) The clerk shall remit the fee collected pursuant | ||
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(A) 28% to the State Treasurer for | ||
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(B) 70% to the State Treasurer for deposit | ||
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(C) 2% to the clerk of the court to be | ||
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(3) Until January 1, 2023, with respect to | ||
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(4) If a plaintiff fails to provide the clerk of the | ||
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(5) This subsection (a-5) is inoperative on and after | ||
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(b) Not later than March 1 of each year, the clerk of the court shall submit to the Illinois Housing Development Authority a report of the funds collected and remitted pursuant to this Section during the preceding year.
(c) As used in this Section: "Affiliate" means any company that controls, is controlled by, or is under common control with another company. "Approved counseling agency" and "approved housing counseling" have the meanings ascribed to those terms in Section 7.30 of the Illinois Housing Development Act. "Depository institution" means a bank, savings bank, savings and loan association, or credit union chartered, organized, or holding a certificate of authority to do business under the laws of this State, another state, or the United States. "First tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed 175 or more foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. "Second tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed at least 50, but no more than 174, foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. "Third tier foreclosure filing category" is a classification that only applies to a plaintiff that has filed no more than 49 foreclosure complaints on residential real estate located in Illinois during the calendar year immediately preceding the date of the filing of the subject foreclosure complaint. (d) In no instance shall the fee set forth in subsection (a-5) be assessed for any foreclosure complaint filed before the effective date of this amendatory Act of the 97th General Assembly. (e) Notwithstanding any other law to the contrary, the Abandoned Residential Property Municipality Relief Fund is not subject to sweeps, administrative charge-backs, or any other fiscal maneuver that would in any way transfer any amounts from the Abandoned Residential Property Municipality Relief Fund into any other fund of the State. (Source: P.A. 100-407, eff. 8-25-17; 101-10, eff. 6-5-19.) |
(735 ILCS 5/15-1504.5) Sec. 15-1504.5. Homeowner notice to be attached to summons. For all residential foreclosure actions filed, the plaintiff must attach a Homeowner Notice to the summons. The Homeowner Notice must be in at least 12 point type and in English and Spanish. The Spanish translation shall be prepared by the Attorney General and posted on the Attorney General's website. A notice that includes the Attorney General's Spanish translation in substantially similar form shall be deemed to comply with the Spanish notice requirement in this Section. The Notice must be in substantially the following form:IMPORTANT INFORMATION FOR HOMEOWNERS IN FORECLOSURE 1. POSSESSION: The lawful occupants of a home have the right to | ||
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2. OWNERSHIP: You continue to own your home until the court rules | ||
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3. REINSTATEMENT: As the homeowner you have the right to bring the | ||
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4. REDEMPTION: As the homeowner you have the right to sell your | ||
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5. SURPLUS: As the homeowner you have the right to petition the | ||
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6. WORKOUT OPTIONS: The mortgage company does not want to foreclose on | ||
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7. PAYOFF AMOUNT: You have the right to obtain a written statement of | ||
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8. GET ADVICE: This information is not exhaustive and does not | ||
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9. LAWYER: If you do not have a lawyer, you may be able to | ||
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10. PROCEED WITH CAUTION: You may be contacted by people offering to help you | ||
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(Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/15-1505) (from Ch. 110, par. 15-1505)
Sec. 15-1505.
Real Estate Subject to Senior Liens.
During a foreclosure, and any time prior to sale, a mortgagee or any other
lienor may pay (i) when due installments of principal, interest or other
obligations in accordance with the terms of any senior mortgage, (ii) when
due installments of real estate taxes or (iii) any other obligation
authorized by the mortgage instrument. With court approval, a mortgagee or
any other lienor may pay any other amounts in connection with other liens,
encumbrances or interests reasonably necessary to preserve the status of title.
(Source: P.A. 84-1462.)
|
(735 ILCS 5/15-1505.5)
Sec. 15-1505.5. Payoff demands. (a) In a foreclosure action subject to this Article, on the written demand of a mortgagor or the mortgagor's authorized agent (which shall include the mortgagor's name, the mortgaged property's address, and the mortgage account or loan number), a mortgagee or the mortgagee's authorized agent shall prepare and deliver an accurate statement of the total outstanding balance of the mortgagor's obligation that would be required to satisfy the obligation in full as of the date of preparation ("payoff demand statement") to the mortgagor or the mortgagor's authorized agent who has requested it within 10 business days after receipt of the demand. For purposes of this Section, a payoff demand statement is accurate if prepared in good faith based on the records of the mortgagee or the mortgagee's agent. (b) The payoff demand statement shall include the following: (1) the information necessary to calculate the | ||
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(2) estimated charges (stated as such) that the | ||
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(3) the loan number for the obligation to be paid, | ||
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(c) A mortgagee or mortgagee's agent who willfully fails to prepare and deliver an accurate payoff demand statement within 10 business days after receipt of a written demand is liable to the mortgagor for actual damages sustained for failure to deliver the statement. The mortgagee or mortgagee's agent is liable to the mortgagor for $500 if no actual damages are sustained. For purposes of this subsection, "willfully" means a failure to comply with this Section without just cause or excuse or mitigating circumstances. (d) The mortgagor must petition the judge within the foreclosure action for the award of any damages pursuant to this Section, which award shall be determined by the judge. (e) Unless the payoff demand statement provides otherwise, the statement is deemed to apply only to the unpaid balance of the single obligation that is named in the demand and that is secured by the mortgage or deed of trust identified in the payoff demand statement. (f) The demand for and preparation and delivery of a payoff demand statement pursuant to this Section does not change any date or time period that is prescribed in the note or that is otherwise provided by law. Failure to comply with any provision of this Section does not change any of the rights of the parties as set forth in the note, mortgage, or applicable law. (g) The mortgagee or mortgagee's agent shall furnish the first payoff demand statement at no cost to the mortgagor. (h) For the purposes of this Section, unless the context otherwise requires, "deliver" or "delivery" means depositing or causing to be deposited into the United States mail an envelope with postage prepaid that contains a copy of the documents to be delivered and that is addressed to the person whose name and address are provided in the payoff demand. "Delivery" may also include transmitting those documents by telephone facsimile to the person or electronically if the payoff demand specifically requests and authorizes that the documents be transmitted in electronic form. (i) The mortgagee or mortgagee's agent is not required to comply with the payoff demand statement procedure set forth in this Section when responding to a notice of intent to redeem issued under Section 15-1603(e).
(Source: P.A. 95-961, eff. 1-1-09.) |
(735 ILCS 5/15-1505.6) Sec. 15-1505.6. Objection to jurisdiction over the person. (a) In any residential foreclosure action, the deadline for filing a motion to dismiss the entire proceeding or to quash service of process that objects to the court's jurisdiction over the person, unless extended by the court for good cause shown, is 60 days after the earlier of these events: (i) the date that the moving party filed an appearance; or (ii) the date that the moving party participated in a hearing without filing an appearance. (b) In any residential foreclosure action, if the objecting party files a responsive pleading or a motion (other
than a
motion for an extension of time to answer or otherwise appear) prior to the
filing of a
motion in compliance with subsection (a), that party waives all objections to
the court's
jurisdiction over the party's person.
(Source: P.A. 97-329, eff. 8-12-11.) |
(735 ILCS 5/15-1505.8) Sec. 15-1505.8. Expedited judgment and sale procedure for abandoned residential property. (a) Upon motion and notice, the mortgagee may elect to utilize the expedited judgment and sale procedure for abandoned residential property stated in this Section to obtain a judgment of foreclosure pursuant to Section 15-1506. The motion to expedite the judgment and sale may be combined with or made part of the motion requesting a judgment of foreclosure. The notice of the motion to expedite the judgment and sale shall be sent by first-class mail to the last known address of the mortgagor, and the notice required by paragraph (1) of subsection (l) of this Section shall be posted at the property address. (b) The motion requesting an expedited judgment of foreclosure and sale may be filed by the mortgagee at the time the foreclosure complaint is filed or any time thereafter, and shall set forth the facts demonstrating that the mortgaged real estate is abandoned residential real estate under Section 15-1200.5 and shall be supported by affidavit. (c) If a motion for an expedited judgment and sale is filed at the time the foreclosure complaint is filed or before the period to answer the foreclosure complaint has expired, the motion shall be heard by the court no earlier than before the period to answer the foreclosure complaint has expired and no later than 21 days after the period to answer the foreclosure complaint has expired. (d) If a motion for an expedited judgment and sale is filed after the period to answer the foreclosure complaint has expired, the motion shall be heard no later than 21 days after the motion is filed. (e) The hearing shall be given priority by the court and shall be scheduled to be heard within the applicable time period set forth in subsection (c) or (d) of this Section. (f) Subject to subsection (g), at the hearing on the motion requesting an expedited judgment and sale, if the court finds that the mortgaged real estate is abandoned residential property, the court shall grant the motion and immediately proceed to a trial of the foreclosure. A judgment of foreclosure under this Section shall include the matters identified in Section 15-1506. (g) The court may not grant the motion requesting an expedited judgment and sale if the mortgagor, an unknown owner, or a lawful occupant appears in the action in any manner before or at the hearing and objects to a finding of abandonment. (h) The court shall vacate an order issued pursuant to subsection (f) of this Section if the mortgagor or a lawful occupant appears in the action at any time prior to the court issuing an order confirming the sale pursuant to subsection (b-3) of Section 15-1508 and presents evidence establishing to the satisfaction of the court that the mortgagor or lawful occupant has not abandoned the mortgaged real estate. (i) The reinstatement period and redemption period for the abandoned residential property shall end in accordance with paragraph (4) of subsection (b) of Section 15-1603, and the abandoned residential property shall be sold at the earliest practicable time at a sale as provided in this Article. (j) The mortgagee or its agent may enter, secure, and maintain abandoned residential property subject to subsection (e-5) of Section 21-3 of the Criminal Code of 2012. (k) Personal property. (1) Upon confirmation of the sale held pursuant to | ||
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(2) Notwithstanding paragraph (1) of this subsection | ||
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(l) Notices to be posted at property address. (1) The notice set out in this paragraph (1) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the party asking to foreclose on this property has asked a judge to find that THIS PROPERTY IS ABANDONED. The judge will be holding a hearing to decide whether this property is ABANDONED. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED. This hearing will be held in the courthouse at the following address, date, and time: Court name: Court address: Court room number where hearing will be held: (There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing: Time of hearing: MORE INFORMATION Name of lawsuit: Number of lawsuit: Address of this property: IMPORTANT This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a).". (2) The notice set out in this paragraph (2) of this | ||
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"NOTICE TO ANY TENANT
OR OTHER LAWFUL OCCUPANT OF THIS PROPERTY A lawsuit has been filed to foreclose on this property, and the judge has found that THIS PROPERTY IS ABANDONED. As a result, THIS PROPERTY HAS BEEN OR WILL BE SOLD. HOWEVER, there still must be a hearing for the judge to approve the sale. The judge will NOT APPROVE this sale if the judge finds that any person lawfully occupies any part of this property. IF YOU LAWFULLY OCCUPY ANY PART OF THIS PROPERTY, YOU MAY CHOOSE TO GO TO THIS HEARING and explain to the judge how you are a lawful occupant of this property. You also may appear BEFORE this hearing and explain to the judge how you are a lawful occupant of this property. If the judge is satisfied that you are a LAWFUL OCCUPANT of this property, the court will find that this property is NOT ABANDONED, and there will be no sale of the property at this time. This hearing will be held in the courthouse at the following address, date, and time: Court name: Court address: Court room number where hearing will be held: (There should be a person in this room called a CLERK who can help you. Make sure you know THIS PROPERTY'S ADDRESS.) Date of hearing: Time of hearing: MORE INFORMATION Name of lawsuit: Number of lawsuit: Address of this property: IMPORTANT This is NOT a notice to vacate the premises. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have. WARNING INTENTIONAL REMOVAL OF THIS NOTICE BEFORE THE DATE AND TIME STATED IN THIS NOTICE IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a). NO TRESPASSING KNOWINGLY ENTERING THIS PROPERTY WITHOUT LAWFUL AUTHORITY IS A CLASS B MISDEMEANOR, PUNISHABLE BY UP TO 180 DAYS IN JAIL AND A FINE OF UP TO $1500, UNDER ILLINOIS LAW. 720 ILCS 5/21-3(a)."
(Source: P.A. 97-1164, eff. 6-1-13; 98-20, eff. 6-11-13.) |
(735 ILCS 5/15-1506) (from Ch. 110, par. 15-1506)
Sec. 15-1506. Judgment. (a) Evidence. In the trial of a foreclosure, the evidence to support the
allegations of the complaint shall be taken in open court, except:
(1) where an allegation of fact in the complaint is | ||
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(2) where all the allegations of fact in the | ||
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(b) Instruments. In all cases the evidence of the indebtedness and the
mortgage foreclosed shall be exhibited to the court and appropriately
marked, and copies thereof shall be filed with the court.
(c) Summary and Default Judgments. Nothing in this Section 15-1506
shall prevent a party from obtaining a summary or default judgment
authorized by Article II of the Code of Civil Procedure.
(d) Notice of Entry of Default. When any judgment in a foreclosure is
entered by default, notice of such judgment shall be given in accordance
with Section 2-1302 of the Code of Civil Procedure.
(e) Matters Required in Judgment. A judgment of foreclosure shall
include the last date for redemption and all rulings of the court entered
with respect to each request for relief set forth in the complaint. The
omission of the date for redemption shall not extend the time for
redemption or impair the validity of the judgment.
(f) Special Matters in Judgment. Without limiting the general
authority and powers of the court, special matters may be included in the
judgment of foreclosure if sought by a party in the complaint or by separate
motion. Such matters may include, without limitation:
(1) a manner of sale other than public auction;
(2) a sale by sealed bid;
(3) an official or other person who shall be the | ||
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(4) provisions for non-exclusive broker listings or | ||
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(5) the fees or commissions to be paid out of the | ||
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(6) the fees to be paid out of the sale proceeds to | ||
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(7) whether and in what manner and with what content | ||
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(8) a particular time and place at which such bids | ||
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(9) a particular newspaper or newspapers in which | ||
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(10) the format for the advertising of such sale, | ||
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(11) matters or exceptions to which title in the real | ||
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(12) a requirement that title insurance in a | ||
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(13) whether and to what extent bids with mortgage or | ||
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(14) such other matters as approved by the court to | ||
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(g) Agreement of the Parties. If all of the parties agree in writing on
the minimum price and that the real estate may be sold to the first person
who offers in writing to purchase the real estate for such price, and on
such other commercially reasonable terms and conditions as the parties may
agree, then the court shall order the real estate to be sold on such terms,
subject to confirmation of the sale in accordance with Section 15-1508.
(h) Postponement of Proving Priority. With the approval of the court
prior to the entry of the judgment of foreclosure, a party claiming an
interest in the proceeds of the sale of the mortgaged real estate may defer
proving the priority of such interest until the hearing to confirm the sale.
(i) Effect of Judgment and Lien.
(1) Upon the entry of the judgment of foreclosure, | ||
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(2) Upon the entry of the judgment of foreclosure, | ||
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(3) Entry of a judgment of foreclosure does not | ||
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(Source: P.A. 98-514, eff. 11-19-13.)
|
(735 ILCS 5/15-1507) (from Ch. 110, par. 15-1507) (Text of Section before amendment by P.A. 103-930) Sec. 15-1507. Judicial Sale. (a) In General. Except as provided in
Sections 15-1402 and 15-1403, upon entry of a judgment of foreclosure, the
real estate which is the subject of the judgment shall be sold at a
judicial sale in accordance with this Section 15-1507. (b) Sale Procedures. Upon expiration of the reinstatement period and
the redemption period in accordance with subsection (b) or (c) of Section
15-1603 or upon the entry of a judgment of foreclosure after the waiver of
all rights of redemption, except as provided in subsection (g) of Section
15-1506, the real estate shall be sold at a sale as provided in this
Article, on such terms and conditions as shall be specified by the court in
the judgment of foreclosure. A sale may be conducted by any judge or sheriff. (c) Notice of Sale. The mortgagee, or such other party designated by the
court, in a foreclosure under this Article shall give public notice of the
sale as follows: (1) The notice of sale shall include at least the | ||
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(A) the name, address and telephone number of the | ||
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(B) the common address and other common | ||
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(C) a legal description of the real estate | ||
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(D) a description of the improvements on the real | ||
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(E) the times specified in the judgment, if any, | ||
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(F) the time and place of the sale; (G) the terms of the sale; (H) the case title, case number and the court in | ||
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(H-1) in the case of a condominium unit to | ||
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(H-2) in the case of a unit of a common interest | ||
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(I) such other information ordered by the Court. (2) The notice of sale shall be published at least 3 | ||
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(3) The party who gives notice of public sale in | ||
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(4) The party who gives notice of public sale in | ||
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(5) Notice of the sale may be given prior to the | ||
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(6) No other notice by publication or posting shall | ||
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(7) The person named in the notice of sale to be | ||
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(d) Election of Property. If the real estate which is the subject of a
judgment of foreclosure is susceptible of division, the court may order it to be sold
as necessary to satisfy the judgment. The court shall determine which real
estate shall be sold, and the court may determine the order in which
separate tracts may be sold. (e) Receipt upon Sale.
Upon and at the sale
of mortgaged real estate, the person conducting the sale shall give to
the purchaser a receipt of sale. The receipt shall describe the real
estate purchased and shall show the amount bid, the amount paid, the
total amount paid to
date and the amount still to be paid therefor. An
additional receipt shall be given at the time of each subsequent
payment. (f) Certificate of Sale. Upon
payment in full of the amount bid, the person conducting
the sale shall issue, in duplicate, and give to the purchaser a Certificate
of Sale. The Certificate of Sale shall be in a recordable form, describe
the real estate purchased, indicate the date and place of sale and show the
amount paid therefor. The Certificate of Sale shall further indicate that
it is subject to confirmation by the court. The duplicate certificate may
be recorded in accordance with Section 12-121. The Certificate of Sale
shall be freely assignable by endorsement thereon. (g) Interest after Sale. Any bid at sale shall be deemed to include,
without the necessity of a court order, interest at the statutory judgment
rate on any unpaid portion of the sale price from the date of sale to the
date of payment.(Source: P.A. 100-685, eff. 8-3-18.) (Text of Section after amendment by P.A. 103-930) Sec. 15-1507. Judicial Sale. (a) In General. Except as provided in Sections 15-1402 and 15-1403, upon entry of a judgment of foreclosure, the real estate which is the subject of the judgment shall be sold at a judicial sale in accordance with this Section 15-1507. (b) Sale Procedures. (1) Upon expiration of the reinstatement period and | ||
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(2) Without limiting the general authority and powers | ||
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(c) Notice of Sale. The mortgagee, or such other party designated by the court, in a foreclosure under this Article shall give public notice of the sale as follows: (1) The notice of sale shall include at least the | ||
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(A) the name, address and telephone number of the | ||
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(B) the common address and other common | ||
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(C) a legal description of the real estate | ||
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(D) a description of the improvements on the real | ||
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(E) the times specified in the judgment, if any, | ||
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(F) the time and place of the sale, including: (i) whether the sale will take place online, | ||
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(ii) the website where the online bidding may | ||
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(G) the terms of the sale; (H) the case title, case number and the court in | ||
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(H-1) in the case of a condominium unit to which | ||
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(H-2) in the case of a unit of a common interest | ||
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(I) such other information ordered by the Court. (2) The notice of sale shall be published at least 3 | ||
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(3) The party who gives notice of public sale in | ||
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(4) The party who gives notice of public sale in | ||
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(5) Notice of the sale may be given prior to the | ||
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(6) No other notice by publication or posting shall | ||
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(7) The person named in the notice of sale to be | ||
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(d) Election of Property. If the real estate which is the subject of a judgment of foreclosure is susceptible of division, the court may order it to be sold as necessary to satisfy the judgment. The court shall determine which real estate shall be sold, and the court may determine the order in which separate tracts may be sold. (e) Receipt upon Sale. Following the sale of mortgaged real estate, the person conducting the sale shall give to the purchaser a receipt of sale. The receipt shall describe the real estate purchased and shall show the amount bid, the amount paid, the total amount paid to date and the amount still to be paid therefor. An additional receipt shall be given at the time of each subsequent payment. (f) Certificate of Sale. Upon payment in full of the amount bid, the person conducting the sale shall issue, in duplicate, and give to the purchaser a Certificate of Sale. The Certificate of Sale shall be in a recordable form, describe the real estate purchased, indicate the date and place of sale and show the amount paid therefor. The Certificate of Sale shall further indicate that it is subject to confirmation by the court. The duplicate certificate may be recorded in accordance with Section 12-121. The Certificate of Sale shall be freely assignable by endorsement thereon. (g) Interest after Sale. Any bid at sale shall be deemed to include, without the necessity of a court order, interest at the statutory judgment rate on any unpaid portion of the sale price from the date of sale to the date of payment.(Source: P.A. 103-930, eff. 1-1-25.) |
(735 ILCS 5/15-1507.1) Sec. 15-1507.1. (Repealed).
(Source: P.A. 101-10, eff. 6-5-19. Repealed internally, eff. 3-2-23.) |
(735 ILCS 5/15-1507.2) (This Section may contain text from a Public Act with a delayed effective date) Sec. 15-1507.2. Online judicial sale. (a) The sheriff or other person may conduct the sale online in accordance with this Article. (b) The sheriff or other person may engage a third-party online sale provider to assist with performance of the online sale. Any third-party online sale provider engaged by a sheriff must be acquired through a process that confirms that the provider meets the requirements set forth in this Article. (c) In this Section, "third-party online sale provider" means any sale platform or services provider that is not the person conducting the sale or a party to the case involving the judicial sale and that is engaged by the person conducting the sale to assist with conducting the sale online in accordance with State law. (d) The sheriff or other person may charge an additional fee as a reasonable expense of the sale for costs associated with conducting the sale online. (e) For any foreclosure involving residential real estate, the fee set forth in subsection (d) may not exceed $400, unless a higher fee is otherwise approved by the court. Any fees not charged as a cost in the case may be agreed to and paid directly by the judge, sheriff, other person conducting the sale or a party to the case without limitation. The fees charged under this Section shall not reduce or impact the sheriff's fees set forth in Section 4-5001 and 4-12001 of the Counties Code. (f) To conduct a sale online, the sheriff or other person conducting the sale must demonstrate to the court's satisfaction documented processes and procedures for conducting online auctions, adequate recordkeeping, and the ability to comply with the requirements in this Article. (g) If the sale takes place both online and in person, all bids accepted during the auction shall be simultaneously announced at the in-person sale and visible to the public online at the time the bids are placed. Any maximum bid amounts provided by bidders ahead of the sale shall not be visible to the public until the bid is placed. (h) There shall be no fee charged to the public to view properties for sale online or to participate in any auction in person or online. (i) Any third-party online sale provider may not maintain custody of sale funds on behalf of the judge, sheriff, or other person conducting the sale unless specifically approved by the court to maintain custody of funds on their behalf. (j) The sheriff or other person conducting the sale shall require a person seeking to bid electronically online to complete a registration process that includes providing information relevant to properly identify the bidder, contact the bidder, and complete the sale of the property as determined by the sheriff or other person conducting the sale. (k) If the person registering to bid is an individual, the information required shall include the individual's name, electronic mail address, and telephone number. (l) If the person registering to bid is an entity, the information required in this Section shall include the entity's legal name, name of an individual contact person for the entity, electronic mail address, and telephone number. (m) The sheriff or other person conducting the sale online shall require all bidders who wish to participate in bidding online to have their identity verified through an identification verification process before a bid can be placed online, which may include verification through a government issued identification, biometric verification, or other method of verification as determined by the judge, sheriff, or other person conducting the sale. If a bidder's identity cannot be verified through the verification process, then the bidder may be prohibited from participating in the online sale. (n) The purchaser at the sale shall submit to the person conducting the sale the following information prior to the sale being finalized: (1) All winning purchasers shall provide any required | ||
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(2) If the purchaser is an individual, the | ||
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(3) If the purchaser is an entity, the information | ||
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(4) The purchaser must provide the sale deposit, if | ||
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(5) If the purchaser fails to provide the required | ||
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(o) Any person conducting a sale online must maintain evidence of satisfactory internal informational security controls that meet industry standards and are maintained by the platform used to conduct online sales. Such evidence of satisfactory internal controls regarding data security may be in the form of an annual SOC 2 Report certification, with the ability to test and report on the design effectiveness (Type 1) and operating effectiveness (Type 2) of the platform's controls, or another form ensuring performance and security requirements are met. (p) The person conducting the sale and the third-party online sale provider may engage in activities to promote and market the sale to encourage and facilitate bidding, including listing the property on real estate websites and conducting email campaigns. The person conducting the sale or the third-party online sale provider is solely responsible for paying all fees or expenses incurred in connection with such activities. (q) In every sale conducted online of residential real estate, (1) the sale may be held open for bidding for up to 3 days and extended by the person conducting the sale as needed to allow for all active competitive bidding to occur, counted in accordance with Section 1.11 of the Statute on Statutes; and (2) bidding shall be open to everyone for the entire duration of the bidding period. (Source: P.A. 103-930, eff. 1-1-25.) |
(735 ILCS 5/15-1508) (from Ch. 110, par. 15-1508) Sec. 15-1508. Report of sale and confirmation of sale. (a) Report. The person conducting the sale shall promptly make a report to
the court, which report shall include a copy of all receipts and, if any,
certificate of sale. (b) Hearing. Upon motion and notice in accordance with court rules
applicable to motions generally, which motion shall not be made prior to
sale, the court shall conduct a hearing to
confirm the sale. Unless the court finds that (i) a notice required in
accordance with subsection (c) of Section 15-1507 was not given, (ii) the
terms of sale were unconscionable, (iii) the sale was conducted
fraudulently, or (iv) justice was otherwise not done, the court shall
then enter an order confirming the sale. The confirmation order shall include a name, address, and telephone number of the holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser, whom a municipality or county may contact with concerns about the real estate. The confirmation order may
also: (1) approve the mortgagee's fees and costs (i) | ||
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(2) provide for a personal judgment against any party | ||
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(3) determine the priority of the judgments of | ||
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(b-3) Hearing to confirm sale of abandoned residential property. Upon motion and notice by first-class mail to the last known address of the mortgagor, which motion shall be made prior to the sale and heard by the court at the earliest practicable time after conclusion of the sale, and upon the posting at the property address of the notice required by paragraph (2) of subsection (l) of Section 15-1505.8, the court shall enter an order confirming the sale of the abandoned residential property, unless the court finds that a reason set forth in items (i) through (iv) of subsection (b) of this Section exists for not approving the sale, or an order is entered pursuant to subsection (h) of Section 15-1505.8. The confirmation order also may address the matters identified in items (1) through (3) of subsection (b) of this Section. The notice required under subsection (b-5) of this Section shall not be required. (b-5) Notice with respect to residential real estate. With respect to residential real estate, the notice required under subsection (b) of this Section shall be sent to the mortgagor even if the mortgagor has previously been held in default. In the event the mortgagor has filed an appearance, the notice shall be sent to the address indicated on the appearance. In all other cases, the notice shall be sent to the mortgagor at the common address of the foreclosed property. The notice shall be sent by first class mail. Unless the right to possession has been previously terminated by the court, the notice shall include the following language in 12-point boldface capitalized type: IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF POSSESSION, IN ACCORDANCE WITH SECTION 15-1701(c) OF THE ILLINOIS MORTGAGE FORECLOSURE LAW. (b-10) Notice of confirmation order sent to municipality or county. A copy of the confirmation order required under subsection (b) shall be sent to the municipality in which the foreclosed property is located, or to the county within the boundary of which the foreclosed property is located if the foreclosed property is located in an unincorporated territory. A municipality or county must clearly publish on its website a single address to which a copy of the order shall be sent. If a municipality or county does not maintain a website, then the municipality or county must publicly post in its main office a single address to which a copy of the order shall be sent. In the event that a municipality or county has not complied with the publication requirement in this subsection (b-10), then a copy of the order shall be sent by first class mail, postage prepaid, to the chairperson of the county board or county clerk in the case of a county, to the mayor or city clerk in the case of a city, to the president of the board of trustees or village clerk in the case of a village, or to the president or town clerk in the case of a town. (b-15) Notice of confirmation order sent to known insurers. With respect to residential real estate, the party filing the complaint shall send a copy of the confirmation order required under subsection (b) by first class mail, postage prepaid, to the last known property insurer of the foreclosed property. Failure to send or receive a copy of the order shall not impair or abrogate in any way the rights of the mortgagee or purchaser or affect the status of the foreclosure proceedings. (c) Failure to Give Notice. If any sale is held without compliance with
subsection (c) of Section 15-1507 of this Article, any party entitled to
the notice provided for in paragraph (3) of that subsection
(c) who was not so notified may, by motion supported by affidavit
made prior to confirmation of such sale, ask the court which entered the
judgment to set aside the sale. Any such party shall guarantee or secure by bond a bid equal to the successful bid at the prior sale, unless the party seeking to set aside the sale is the mortgagor, the real estate sold at the sale is residential real estate, and the mortgagor occupies the residential real estate at the time the motion is filed. In that event, no guarantee or bond shall be required of the mortgagor. Any
subsequent sale is subject to the same notice requirement as the original sale. (d) Validity of Sale. Except as provided in subsection (c) of Section
15-1508, no sale under this Article shall be held invalid or be set aside
because of any defect in the notice thereof or in the publication of the
same, or in the proceedings of the officer conducting the sale, except upon
good cause shown in a hearing pursuant to subsection (b) of Section
15-1508. At any time after a sale has occurred, any party entitled to
notice under paragraph (3) of subsection (c) of Section 15-1507 may recover
from the mortgagee any damages caused by the mortgagee's failure to comply
with such paragraph (3). Any party who recovers damages in a judicial
proceeding brought under this subsection may also recover from the
mortgagee the reasonable expenses of litigation, including reasonable attorney's fees. (d-5) Making Home Affordable Program. The court that entered the judgment shall set aside a sale held pursuant to Section 15-1507, upon motion of the mortgagor at any time prior to the confirmation of the sale, if the mortgagor proves by a preponderance of the evidence that (i) the mortgagor has applied for assistance under the Making Home Affordable Program established by the United States Department of the Treasury pursuant to the Emergency Economic Stabilization Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, and (ii) the mortgaged real estate was sold in material violation of the program's requirements for proceeding to a judicial sale. The provisions of this subsection (d-5) are operative and, except for this sentence, shall become inoperative on January 1, 2018 for all actions filed under this Article after December 31, 2017, in which the mortgagor did not apply for assistance under the Making Home Affordable Program on or before December 31, 2016. The changes to this subsection (d-5) by this amendatory Act of the 99th General Assembly apply to all cases pending and filed on or after the effective date of this amendatory Act of the 99th General Assembly. (e) Deficiency Judgment. In any order confirming a sale pursuant to the
judgment of foreclosure, the court shall also enter a personal judgment
for deficiency against any party (i) if otherwise authorized and (ii) to
the extent requested in the complaint and proven upon presentation of the
report of sale in accordance with Section 15-1508. Except as otherwise provided
in this Article, a judgment may be entered for any balance of money that
may be found due to the plaintiff, over and above the proceeds of the sale
or sales, and enforcement may be had for the collection of such balance,
the same as when the judgment is solely for the payment of money. Such
judgment may be entered, or enforcement had,
only in cases where personal service has been had upon the
persons personally liable for the mortgage indebtedness, unless they have
entered their appearance in the foreclosure action. (f) Satisfaction. Upon confirmation of the sale, the
judgment stands satisfied to the extent of the sale price less expenses and
costs. If the order confirming the sale includes a deficiency judgment, the
judgment shall become a lien in the manner of any other
judgment for the payment of money. (g) The order confirming the sale shall include, notwithstanding any
previous orders awarding possession during the pendency of the foreclosure, an
award to the purchaser of possession of the mortgaged real estate, as of the
date 30 days after the entry of the order, against the
parties to the foreclosure whose interests have been terminated. An eviction order authorizing the removal of a person from possession
of the mortgaged real estate shall be entered and enforced only against those
persons personally
named as individuals in the complaint or the petition under subsection (h)
of Section 15-1701. No eviction order issued under this Section shall be entered against a lessee with a bona fide lease of a dwelling unit in residential real estate in foreclosure, whether or not the lessee has been made a party in the foreclosure. An order shall
not be entered and enforced against any person who is only generically
described as an
unknown owner or nonrecord claimant or by another generic designation in the
complaint. Notwithstanding the preceding paragraph, the failure to personally
name,
include, or seek an eviction order against a person in the
confirmation order shall not abrogate any right that the purchaser may have to
possession of the mortgaged real estate and to maintain an eviction proceeding under Article IX of this Code or, if applicable, under subsection (h) of Section 15-1701;
and eviction of a person
who (1) has not been personally named as a party to the
foreclosure and (2) has not been provided an opportunity to be heard in the
foreclosure proceeding may be sought only by maintaining a
proceeding under Article IX of this
Code or, if applicable, under subsection (h) of Section 15-1701. (h) With respect to mortgaged real estate containing 5 or more dwelling units, the order confirming the sale shall also provide that (i) the mortgagor shall transfer to the purchaser the security deposits, if any, that the mortgagor received to secure payment of rent or to compensate for damage to the mortgaged real estate from any current occupant of a dwelling unit of the mortgaged real estate, as well as any statutory interest that has not been paid to the occupant, and (ii) the mortgagor shall provide an accounting of the security deposits that are transferred, including the name and address of each occupant for whom the mortgagor holds the deposit and the amount of the deposit and any statutory interest. (Source: P.A. 102-86, eff. 7-9-21.) |
(735 ILCS 5/15-1508.5) Sec. 15-1508.5. Notice by holder or purchaser to known occupants of dwelling units of mortgaged real estate. (a) The holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or deed was issued, the purchaser, shall: (1) following the judicial sale under Section | ||
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(2) following the order confirming sale under Section | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(b) The written notice required by subsection (a) of this Section shall be served by delivering a copy thereof to the known occupant, or by leaving the same with some person of the age of 13 years or upwards who is residing on or in possession of the premises, or by sending a copy of the notice to the known occupant by first-class mail, addressed to the occupant by the name known to the holder or purchaser. (c) In the event that the holder or purchaser ascertains the identity and address of an occupant of a dwelling unit of the mortgaged real estate more than 21 days after the confirmation of sale under Section 15-1508, the holder or purchaser shall provide the notice required by subparagraph (2) of subsection (a) within 7 days of ascertaining the identity and address of the occupant. (d)(i) A holder or purchaser who fails to comply with subsections (a), (b), and (c) may not collect any rent due and owing from a known occupant, or terminate a known occupant's tenancy for non-payment of such rent, until the holder or purchaser has served the notice described in paragraph (2) of subsection (a) of this Section upon the known occupant. After providing such notice, the holder or purchaser may collect any and all rent otherwise due and owing the holder or purchaser from the known occupant and may terminate the known occupant's tenancy for non-payment of such rent if the holder or purchaser otherwise has such right to terminate. (ii) An occupant who previously paid rent for the current rental period to the mortgagor, or other entity with the authority to operate, manage, and conserve the mortgaged real estate at the time of payment, shall not be held liable for that rent by the holder or purchaser, and the occupant's tenancy shall not be terminated for non-payment of rent for that rental period. (e) Within 21 days of the confirmation of sale under Section 15-1508, the holder or purchaser shall post a written notice on the primary entrance of each dwelling unit subject to the foreclosure action. This notice shall: (i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT a | ||
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(iii) provide the name, address, and telephone number | ||
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(iv) provide instructions on the method of payment of | ||
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(f)(i) The provisions of subsection (d) of this Section shall be the exclusive remedy for the failure of a holder or purchaser to provide notice to a known occupant under this Section. (ii) This Section shall not abrogate any right that a holder or purchaser may have to possession of the mortgaged real estate and to maintain a proceeding against an occupant of a dwelling unit for possession under Article IX of this Code or subsection (h) of Section 15-1701. (iii) In the event that the holder or purchaser is a mortgagee in possession of the mortgaged real estate pursuant to Section 15-1703 at the time of the confirmation of sale and has complied with requirements of subsection (a-5) of Section 15-1703, the holder or purchaser is excused from the requirements of subsections (a) and (e) of this Section. (iv) A holder or purchaser is not required to provide the notice required by this Section to a mortgagor or party against whom an order of possession has been entered authorizing the removal of the mortgagor or party pursuant to subsection (g) of Section 15-1508.
(Source: P.A. 98-514, eff. 11-19-13.) |
(735 ILCS 5/15-1509) (from Ch. 110, par. 15-1509)
Sec. 15-1509.
Transfer of Title and Title Acquired.
(a) Deed. After (i) confirmation
of the sale, and (ii) payment of the purchase price and any other
amounts required to be paid by the purchaser at sale, the court (or, if the
court shall so order, the person who conducted the
sale or such person's successor or some persons specifically appointed
by the court for that purpose), shall upon the request of the holder
of the certificate of sale
(or the purchaser if no certificate of sale was issued), promptly
execute a deed to the
holder or purchaser sufficient to convey
title. Such deed
shall identify the court and the caption of the case in which judgment was
entered authorizing issuance of the deed. Signature and the recital in the
deed of the title or authority of the person signing the deed as grantor,
of authority pursuant to the judgment and of the giving of the notices
required by this Article is sufficient proof of the facts recited and of
such authority to execute the deed, but such deed shall not be construed to
contain any covenant on the part of the person executing it. If the deed
issues to a grantee prior to the expiration of the period for appealing the
confirmation of sale, and the grantee conveys title to
another party within that period, that other party will not be deemed a
bona fide purchaser unless and until such period expires without an appeal
having been filed or, an appeal having been filed, such appeal is denied or
withdrawn.
(b) Effect Upon Delivery of Deed. Delivery of the deed executed on the
sale of the real estate, even if the purchaser or holder of the certificate
of sale is a party to the foreclosure, shall be sufficient to pass the
title thereto.
(c) Claims Barred. Any vesting of title by a consent foreclosure
pursuant to Section 15-1402 or by deed pursuant to subsection (b) of
Section 15-1509, unless otherwise specified in the judgment
of foreclosure, shall be an entire bar of (i) all claims of parties to the
foreclosure and (ii) all claims of any nonrecord claimant who is given
notice of the foreclosure in accordance with paragraph (2) of subsection
(c) of Section 15-1502, notwithstanding the provisions of subsection (g) of
Section 2-1301 to the contrary. Any person seeking relief from any
judgment or order entered in the foreclosure in accordance
with subsection (g) of Section 2-1301 of the Code of Civil Procedure may
claim only an interest in the proceeds of sale.
(Source: P.A. 86-974.)
|
(735 ILCS 5/15-1509.5)
Sec. 15-1509.5. Notice at time of conveyance. Any deed executed pursuant to this Article or judgment vesting title by a consent foreclosure pursuant to Section 15-1402 shall state the grantee's or mortgagee's name (and the name of a contact person), street and mailing addresses, and telephone number.
(Source: P.A. 96-110, eff. 7-31-09.) |
(735 ILCS 5/15-1510) (from Ch. 110, par. 15-1510)
Sec. 15-1510. Attorney's Fees and Costs. (a) The court may award reasonable attorney's fees and costs to the defendant who prevails in a motion, an affirmative defense or counterclaim, or in the foreclosure action. A defendant who exercises the defendant's right of reinstatement or redemption shall not be considered a prevailing party for purposes of this Section. Nothing in this subsection shall abrogate contractual terms in the mortgage or other written agreement between the mortgagor and the mortgagee or rights as otherwise provided in this Article which allow the mortgagee to recover attorney's fees and costs under subsection (b). (b) Attorneys' fees and other costs incurred in connection with the
preparation, filing or prosecution of the foreclosure suit shall be
recoverable in a foreclosure only to the extent
specifically set forth in the mortgage or other written agreement between
the mortgagor and the mortgagee or as otherwise provided in this Article.
(Source: P.A. 95-961, eff. 1-1-09.)
|
(735 ILCS 5/15-1510.1) (This Section may contain text from a Public Act with a delayed effective date) Sec. 15-1510.1. Third-party purchaser fees and costs. Notwithstanding any other provision of law to the contrary, for the sale of residential real estate, no fee, including a buyer's premium, may be charged to a third-party bidder or purchaser who is not a party to the case at the sale of real estate under this Article beyond the winning bid amount to cover an expense of conducting the sale.(Source: P.A. 103-930, eff. 1-1-25.) |
(735 ILCS 5/15-1511) (from Ch. 110, par. 15-1511)
Sec. 15-1511.
Deficiency.
Except as expressly prohibited by this Article,
foreclosure of a mortgage does not affect a mortgagee's rights, if any, to
obtain a personal judgment against any person for a deficiency.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1512) (from Ch. 110, par. 15-1512)
Sec. 15-1512.
Application of Proceeds of Sale and Surplus.
The proceeds
resulting from a sale of real estate under this Article shall be applied
in the following order:
(a) the reasonable expenses of sale;
(b) the reasonable expenses of securing possession before sale, holding,
maintaining, and preparing the real estate for sale, including payment of
taxes and other governmental charges, premiums on hazard and liability
insurance, receiver's and management fees, and, to the extent provided
for in the mortgage
or other recorded agreement and not prohibited by law, reasonable
attorneys' fees, payments made pursuant to Section 15-1505 and other legal
expenses incurred by the mortgagee;
(c) if the sale was pursuant to judicial foreclosure, satisfaction of
claims in the order of priority adjudicated in the judgment of foreclosure
or order confirming the sale; and
(d) remittance of any surplus to be held by the person appointed by
the court to conduct the
sale until further order of the court. If there is a surplus, such person
conducting the sale shall send written notice to all parties to the
proceeding advising them of the amount of the surplus, and that the surplus
shall be held until a party obtains a court order for its distribution or
until, in the absence of an order, the surplus is forfeited to the State.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1513) Sec. 15-1513. Temporary COVID-19 stay of judicial sales, orders of possession. (a) Notwithstanding Section 15-1507, no judicial foreclosure sale shall be held between the effective date of this Section and July 31, 2021. Any judicial foreclosure sale pending as of the effective date of this Section shall be cancelled and renoticed for a date after July 31, 2021. (b) Notwithstanding subsection (g) of Section 15-1508, no order of possession pursuant to a confirmation of judicial foreclosure sale shall be entered by a court, placed with a sheriff for execution, or executed by a sheriff until a date after July 31, 2021. (c) This Section applies to any action to foreclose a mortgage relating to (i) residential real estate as defined in Section 15-1219, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as his or her personal residence.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/15-1514) Sec. 15-1514. Temporary COVID-19 stay of certain foreclosure proceedings and filings. (a) This Section applies to any action to foreclose a mortgage relating to (i) residential real estate as defined in Section 15-1219, and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as his or her personal residence. (b) Any action to foreclose a mortgage pending on the effective date of this amendatory Act of the 102nd General Assembly, including actions filed on or before March 9, 2020, or commenced within 30 days of the effective date of this amendatory Act of the 102nd General Assembly, shall be stayed until May 1, 2021. (c) No court shall accept for filing any action to foreclose a mortgage before May 1, 2021. (d) All deadlines related to any pending foreclosure proceeding on the effective date of this Section, including the running of any redemption period, are tolled until May 1, 2021. (e) If any clause, sentence, paragraph, subsection, or part of this Section shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subsection, or part of this Section directly involved in the controversy in which the judgment shall have been rendered.
(Source: P.A. 102-5, eff. 5-17-21.) |
(735 ILCS 5/15-1515) (Section scheduled to be repealed on June 1, 2025) Sec. 15-1515. COVID-19 emergency sealing of court file. (a) As used in this Section: "Court file" means the court file created when a foreclosure action is filed with the court. "COVID-19 emergency and economic recovery period" means the period beginning on March 9, 2020, when the Governor issued the first disaster proclamation for the State to address the circumstances related to COVID-19 and ending on December 31, 2021. (b) The court may seal the file, upon motion of a mortgagor, of any foreclosure action filed during the COVID-19 emergency and economic recovery period if the action was not subject to the moratoria enacted by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Department of Veterans Affairs. If an action was filed during the COVID-19 emergency and economic recovery period because it qualified under an exception to one of the above moratoria, the action is not subject to being sealed under this Section. If a residential eviction action filed during the COVID-19 emergency and economic recovery period is pending on the effective date of this amendatory Act of the 103rd General Assembly and is not sealed, the court shall order the sealing of the court file. (c) This Section applies to any action to foreclose a mortgage relating to: (i) residential real estate as defined in Section 15-1219; and (ii) real estate improved with a dwelling structure containing dwelling units for 6 or fewer families living independently of each other in which the mortgagor is a natural person landlord renting the dwelling units, even if the mortgagor does not occupy any of the dwelling units as the mortgagor's personal residence. (d) This Section is repealed on June 1, 2025.
(Source: P.A. 103-61, eff. 6-9-23.) |
(735 ILCS 5/Art. XV Pt. 16 heading) Part 16.
Reinstatement and Redemption
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(735 ILCS 5/15-1601) (from Ch. 110, par. 15-1601)
Sec. 15-1601.
Waiver of Rights of reinstatement and Redemption.
(a)
Residential and Certain Agricultural Real Estate. Except as otherwise
provided in this Article, no mortgagor of real estate
which is residential real estate at the time of such attempted waiver may waive
the mortgagor's rights of reinstatement and redemption, or either of them,
and any such waiver shall be void. Except as otherwise provided in
subsection (b) of this Section, no mortgagor of real estate
which is agricultural real estate at the time of such attempted waiver
may waive the mortgagor's rights of reinstatement and redemption, or either
of them, and any such waiver shall be void.
(b) Other Real Estate. Any corporation or
any corporate trustee of any express trust who is a mortgagor of agricultural
real estate may waive the
mortgagor's right of redemption (i) by
express waiver stated in the mortgage or (ii) by any other waiver in writing
which has been acknowledged by the mortgagor and recorded. A mortgagor of
real estate other than a mortgagor of residential real estate or other
mortgagor who is not otherwise so prohibited by this Article may waive the
mortgagor's right of redemption (i) by express waiver stated in the mortgage or
(ii) by any other waiver in writing which has been acknowledged by the mortgagor
and recorded.
(c) Waiver After Commencement of Foreclosure. After commencement of a
foreclosure proceeding under this Article a mortgagor of residential real
estate or other mortgagor who is otherwise so prohibited may waive the
mortgagor's rights of reinstatement and redemption, or
either of them, if (i) the mortgagor expressly consents in writing to the
entry of a judgment without such right of reinstatement or redemption, (ii)
such written consent is filed with the clerk of the court, and (iii) the
mortgagee consents and agrees to waive any and all rights to a deficiency judgment.
(d) Prior Waivers. Nothing contained in this Section shall invalidate
any waiver of any right of redemption made pursuant to Section 12-124 or
Section 12-125 of the Code of Civil Procedure in effect prior to July 1,
1987 which is contained in any instrument executed prior to July 1, 1987.
(Source: P.A. 85-907.)
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(735 ILCS 5/15-1602) (from Ch. 110, par. 15-1602)
Sec. 15-1602.
Reinstatement.
In any foreclosure of a mortgage
executed after July 21, 1959, which has become due prior to the maturity
date fixed in the mortgage, or in any instrument or obligation secured by
the mortgage, through acceleration because of a default under the mortgage,
a mortgagor may reinstate the mortgage as provided herein. Reinstatement
is effected by curing all defaults then existing, other than payment of
such portion of the principal which would not have been due had no
acceleration occurred, and by paying all costs and expenses required by the
mortgage to be paid in the event of such defaults, provided that such cure
and payment are made prior to the expiration of 90 days from the date the
mortgagor or, if more than one, all the mortgagors (i) have been served
with summons or by publication or (ii) have
otherwise submitted to the
jurisdiction of the court. When service is made by publication, the first
date of publication shall be used for the calculation. Upon such reinstatement of
the mortgage, the foreclosure and any other proceedings for the collection
or enforcement of the obligation secured by the mortgage shall be dismissed
and the mortgage documents shall remain in full force and effect as if no
acceleration or default had occurred. The relief granted by this Section
shall not be exhausted by a single use thereof, but if the
court has made an express written finding that the mortgagor has exercised
its right to reinstate pursuant to this Section, such relief shall not be
again available to the mortgagor under the same mortgage for a period of
five years from the date of the dismissal of such foreclosure. The
provisions of Section 9-110 of the Code of Civil Procedure shall be
inapplicable with respect to any
instrument which is deemed a mortgage under this Article. The court may
enter a judgment of foreclosure prior to the expiration of the
reinstatement period, subject to the right of the mortgagor to reinstate
the mortgage under this Section.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1603) (from Ch. 110, par. 15-1603)
Sec. 15-1603.
Redemption.
(a) Owner of Redemption. Except as
provided in subsection (b) of Section 15-1402, only an owner of redemption
may redeem from the foreclosure, and such owner of redemption may redeem
only during the redemption period specified in subsection (b) of Section
15-1603 and only if the right of redemption has not been validly waived.
(b) Redemption Period.
(1) In the foreclosure of a mortgage of real estate | ||
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(2) In all other foreclosures, the redemption period | ||
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(3) Notwithstanding paragraphs (1) and (2), the | ||
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(4) Notwithstanding paragraphs (1) and (2), the | ||
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(c) Extension of Redemption Period.
(1) Once expired, the right of redemption provided | ||
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(2) If a court has the authority to stay, and does | ||
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(d) Amount Required to Redeem. The amount required to redeem shall be the sum of:
(1) The amount specified in the judgment of | ||
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(2) The amount of other expenses authorized by the | ||
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(e) Notice of Intent to Redeem. An owner of redemption who intends to
redeem shall give written notice of such intent to redeem to the
mortgagee's attorney of record specifying the date designated for
redemption and the current address of the owner of redemption for purposes
of receiving notice. Such owner of redemption shall file with the clerk of
the court a certification of the giving of such notice. The notice of
intent to redeem must be received by the mortgagee's attorney at least 15
days (other than Saturday, Sunday or court holiday) prior to the date
designated for redemption. The mortgagee shall thereupon file with the
clerk of the court and shall give written notice to the owner of redemption
at least three days (other than Saturday, Sunday or court holiday) before
the date designated for redemption a certification,
accompanied by copies of paid receipts or appropriate affidavits, of
any expenses authorized in paragraph (2) of subsection (d) of Section
15-1603. If the mortgagee fails
to serve such certification within the time specified herein, then the owner
of redemption intending to redeem may redeem on the date designated for
redemption in the notice of intent to redeem, and the mortgagee shall not
be entitled to payment of any expenses authorized in paragraph (2) of
subsection (d) of Section 15-1603.
(f) Procedure for Redemption.
(1) An owner of redemption may redeem the real estate | ||
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(2) If the mortgagee refuses to accept payment or if | ||
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(3) Upon payment to the clerk, whether or not the | ||
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(g) Procedure Upon Objection. If an objection is filed by an owner of
redemption in accordance with paragraph (2) of subsection (f) of Section
15-1603, the clerk shall hold the amount to which the objection pertains
until the court orders distribution of those funds. The court shall hold a
hearing promptly to determine the distribution of any funds held by the
clerk pursuant to such objection. Each party shall pay its own costs and
expenses in connection with any objection, including attorneys' fees,
subject to Section 2-611 of the Code of Civil Procedure.
(h) Failure to Redeem. Unless the real estate being foreclosed is redeemed
from the foreclosure, it shall be sold as provided in this Article.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1603.5) Sec. 15-1603.5. Strict foreclosure of an omitted subordinate interest. (a) As used in this Section, "omitted subordinate interest" means a recorded subordinate interest in real estate where: (1) the real estate is the subject of a foreclosure | ||
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(2) a motion to confirm judicial sale under | ||
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(3) the interest attached to the real estate prior to | ||
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(4) the person who has the interest was not named in | ||
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(b) The holder of the certificate of sale or any person who acquired title pursuant to Section 15-1509 or any subsequent successor, assignee, transferee, or grantee who discovers an omitted subordinate interest may file a strict foreclosure complaint naming the person who has the omitted subordinate interest as the defendant. A complaint filed under this Section must include substantially the following: (1) the identity of the plaintiff and how the | ||
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(2) the docket number of the prior foreclosure action | ||
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(3) the legal description, common address, and parcel | ||
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(4) the recording number and a copy of the recorded | ||
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(5) the amount of the successful bid at the | ||
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(6) an allegation that, due to inadvertence or | ||
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(7) a request for relief setting forth the | ||
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(c) Subject to the objection of the defendant, the court shall enter a judgment extinguishing the omitted subordinate interest. (d) If the defendant objects to the entry of the judgment, the court, after a hearing, shall enter an order providing either: (1) that the defendant has not agreed to pay the | ||
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(2) that the defendant has agreed to pay the amount | ||
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(e) The amount required to redeem shall be the sum bid at the prior foreclosure sale plus any costs and fees incurred subsequent to the sale for the payment of taxes, preservation of the property, or any other actions taken by the holder of the certificate of sale to protect its interest in the property. The amount required to redeem shall not include any costs or fees incurred by the plaintiff in the strict foreclosure case filed under this Section. The order shall state that upon payment of the redemption amount within the redemption period, which shall extend 30 days after the entry of the order, title to the real estate shall vest in the defendant who redeems pursuant to this Section. If the defendant subject to the order has not paid the amount required to redeem within the 30-day redemption period, the interest of the defendant in the property is terminated. (f) A person whose omitted subordinate interest was not terminated by a prior foreclosure action does not have a right to file a strict foreclosure action. (g) Notwithstanding that the person's omitted subordinate interest in the real estate has been terminated pursuant to this Section, nothing in this Section shall be construed to extinguish or impair any claim of such person in the surplus proceeds of a sale held or distributed pursuant to subsection (d) of Section 15-1512 of this Code after the confirmation of the sale of the real estate for which such person had an omitted subordinate interest.
(Source: P.A. 98-1099, eff. 8-26-14.) |
(735 ILCS 5/15-1604) (from Ch. 110, par. 15-1604)
Sec. 15-1604.
Special Right to Redeem.
(a) Circumstances. With
respect to residential real estate, if (i) the purchaser at the sale was a
mortgagee who was a party to the foreclosure or its nominee and (ii) the
sale price was less than the amount specified in subsection (d) of Section
15-1603, then, and only in such circumstances, an owner of redemption as
specified in subsection (a) of Section 15-1603 shall have a special right
to redeem, for a period ending 30 days after the date the sale is
confirmed, by paying to the mortgagee (i) the sale price, (ii) all additional
costs and expenses incurred by the mortgagee set forth in the report of
sale and confirmed by the court, and (iii) interest at the statutory
judgment rate from the date the purchase price was paid or credited as an offset.
(b) Procedure. Upon receipt of such amount, the mortgagee shall assign
to the redeeming owner of redemption its certificate of
sale or its right to such certificate or to a deed. The mortgagee shall
give to the redeeming owner of redemption an executed duplicate of such
assignment, marked "Duplicate", which duplicate the owner of redemption
shall file with the court. If a deed has been issued to the mortgagee
or its nominee, the holder of such deed, or such holder's successor in
title, shall execute and deliver a deed conveying the
mortgaged real estate to
the redeeming owner of redemption subject only to those encumbrances that
would normally arise on title if a redemption were made under Section
15-1603, including a deficiency, if any, resulting from the foreclosure
sale. Nothing contained herein shall affect the right to a personal or in
rem deficiency judgment, and enforcement thereof shall be allowed as provided
by law. Any deficiency judgment shall retain the same priority on title as did
the mortgage from which it arose. The mortgagee, its nominee or its
successors in title shall not permit encumbrances on title arising on or
after the date of the deed to the
mortgagee or nominee caused by or relating
to the mortgagee or its nominee or its successors in title.
(Source: P.A. 86-974.)
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(735 ILCS 5/15-1605) (from Ch. 110, par. 15-1605)
Sec. 15-1605.
Equitable Right of Redemption.
No equitable right of
redemption shall exist or be enforceable under or with respect to a
mortgage after a judicial sale of the mortgaged real estate pursuant to
Section 15-1507 or after entry of a judgment of foreclosure pursuant to
Sections 15-1402 or 15-1403.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XV Pt. 17 heading) Part 17.
Possession During Foreclosure
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(735 ILCS 5/15-1701) (from Ch. 110, par. 15-1701)
Sec. 15-1701. Right to possession.
(a) General. The provisions of
this Article shall govern the right to possession of the mortgaged real
estate during foreclosure. Possession under this Article includes physical
possession of the mortgaged real estate to the same extent to which the
mortgagor, absent the foreclosure, would have been entitled to physical
possession. For the purposes of Part 17, real estate is residential real estate
only if it is residential real estate at the time the foreclosure is commenced.
(b) Pre-Judgment. Prior to the entry of a judgment of foreclosure:
(1) In the case of residential real estate, the | ||
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(2) In all other cases, if (i) the mortgagee is so | ||
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(c) Judgment Through 30 Days After Sale Confirmation. After the entry
of a judgment of foreclosure and through the 30th day after a foreclosure
sale is confirmed:
(1) Subsection (b) of Section 15-1701 shall be | ||
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(2) Notwithstanding paragraph (1) of subsection (b) | ||
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(d) After 30 Days After Sale Confirmation. The holder of
the certificate of sale or deed issued pursuant to that certificate or, if
no certificate or deed was issued, the purchaser, except to the extent the
holder or purchaser may consent otherwise, shall be entitled to possession of
the mortgaged real estate, as of the date 30 days after the order confirming
the sale is entered, against those parties to the foreclosure whose interests
the court has ordered terminated, without further notice to any party, further
order of the court, or resort to proceedings under any other statute other than
this Article.
This right to possession shall be limited by the provisions
governing entering and enforcing orders of possession under subsection (g) of
Section
15-1508.
If the holder or purchaser determines that there are occupants
of the mortgaged real estate who have not been made parties to the foreclosure
and had their interests terminated therein, the holder or purchaser may bring an eviction
proceeding under subsection (h) of this Section, if applicable, or under Article IX of this Code
to terminate the rights of possession of any such occupants. The holder or
purchaser shall not be entitled to proceed against any such occupant under
Article IX of this Code until after 30 days after the order confirming the sale
is entered.
(e) Termination of Leases. A lease of all or any part of the mortgaged
real estate shall not be terminated automatically solely by virtue of the entry
into possession by (i) a mortgagee or receiver prior to the entry of an order
confirming the sale, (ii) the holder of the certificate of sale, (iii) the
holder of the deed issued pursuant to that certificate, or (iv) if no
certificate or deed was issued, the purchaser at the sale.
(f) Other Statutes; Instruments. The provisions of this Article
providing for possession of mortgaged real estate shall supersede any other
inconsistent statutory provisions. In particular, and without limitation,
whenever a receiver is sought to be appointed in any action in which a
foreclosure is also pending, a receiver shall be appointed only in
accordance with this Article. Except as may be authorized by this Article,
no mortgage or other instrument may modify or supersede the provisions of this
Article.
(g) Certain Leases. Leases of the mortgaged real estate entered into by
a mortgagee in possession or a receiver and approved by the court in a
foreclosure shall be binding on all parties, including the mortgagor after
redemption, the purchaser at a sale pursuant to a judgment of foreclosure
and any person acquiring an interest in the mortgaged real estate after
entry of a judgment of foreclosure in accordance with Sections 15-1402 and
15-1403.
(h) Proceedings Against Certain Occupants.
(1) The mortgagee-in-possession of the mortgaged real | ||
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(2) The supplemental eviction petition shall name | ||
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(3) The petitioner shall serve upon each named | ||
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(4) The supplemental petition shall be heard as part | ||
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(5) In a case of foreclosure where the occupant is | ||
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(6) The court records relating to a supplemental | ||
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(i) Termination of bona fide leases. The holder of the certificate of sale, the holder of the deed issued pursuant to that certificate, or, if no certificate or deed was issued, the purchaser at the sale shall not terminate a bona fide lease of a dwelling unit in residential real estate in foreclosure except pursuant to Article IX of this Code.(Source: P.A. 100-173, eff. 1-1-18.)
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(735 ILCS 5/15-1702) (from Ch. 110, par. 15-1702)
Sec. 15-1702.
Specific Rules of Possession.
(a) Mortgagee's Rights. No
mortgagee shall be required to take possession of the mortgaged real
estate, whether upon application made by any other party or otherwise.
Whenever a mortgagee entitled to possession so requests, the court shall
appoint a receiver. The failure of a mortgagee to request possession or
appointment of a receiver shall not preclude a mortgagee otherwise entitled
to possession from making such a request at any future time.
The appointment of a receiver shall not preclude a mortgagee from thereafter
seeking to exercise such mortgagee's right to be placed in possession.
(b) Designation of Receivers. Whenever a receiver is to be appointed,
the mortgagee shall be entitled to designate the receiver. If the mortgagor or
any other party to the foreclosure objects to any such designation
or designations and shows good cause, or the court disapproves the
designee, the mortgagee in such instance shall
be entitled to make another designation.
(c) Rights of Mortgagee Having Priority. If a mortgagee having priority
objects to the proposed possession by a subordinate mortgagee or by a receiver
designated by the subordinate mortgagee, upon entry of a finding in accordance
with subsection (d) of Section 15-1702 the court shall instead place that
objecting mortgagee in possession or, if a receiver is to be designated in
accordance with subsection (b) of Section 15-1702, allow the designation of
the receiver to be made by that objecting mortgagee.
(d) Removal of Mortgagee in Possession. A mortgagee placed in possession
shall not be removed from possession, and no receiver or other mortgagee
shall be placed in possession except upon (i) the mortgagee's misconduct,
death, legal disability or other inability to act, (ii) appointment of a
receiver in accordance with subsection (a) of Section 15-1704 or (iii) a
showing of good cause by a mortgagee having priority. A receiver shall not
be removed solely on account of being designated by a mortgagee later
determined not to have priority.
(e) Determination of Priority. If the court is required to determine
priority for the purposes of subsection (c) of Section 15-1702, a new
determination shall be made each time a mortgagee is to be placed in
possession or a receiver is to be appointed and shall be an interim
determination which shall not preclude the court from making a contrary
determination later in the foreclosure. If the court subsequently shall
make such a contrary determination, a mortgagee in possession or acting
receiver shall not be removed except in accordance with Part 17 of this Article.
(f) Rights to Crops. With respect to any crops growing or to be grown
on the mortgaged real estate, the rights of a holder of any obligation
secured by a collateral assignment of beneficial interest in a land trust,
the rights of a mortgagee in possession, or the rights of a receiver,
including rights by virtue of an equitable lien, shall be subject to a
security interest properly perfected pursuant to
Article 9 of the Uniform Commercial Code, where the holder of a
collateral assignment, mortgagee in possession, or receiver becomes
entitled to crops by obtaining possession on or after the effective date of
this Amendatory Act of 1988.
(Source: P.A. 85-1427.)
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(735 ILCS 5/15-1703) (from Ch. 110, par. 15-1703)
Sec. 15-1703. Mortgagee in Possession. (a) Powers and Duties. A mortgagee
placed in possession of the real estate pursuant to Section 15-1701 or Section
15-1702 shall have:
(1) such power and authority with respect to the real | ||
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(2) all other rights and privileges of a mortgagee in | ||
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(3) the same powers, duties and liabilities as a | ||
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(a-5) Notice to occupants. (1) Following the order placing the mortgagee in | ||
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(2) Following the order placing the mortgagee in | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(3) The written notice required by item (2) of this | ||
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(4) In the event that a mortgagee in possession | ||
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(5)(i) A mortgagee in possession who fails to comply | ||
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(ii) An occupant who previously paid rent for the | ||
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(6) Within 21 days of the order placing the mortgagee | ||
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(i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT | ||
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(iii) provide the name, address, and telephone | ||
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(iv) provide instructions on the method of | ||
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(7)(i) The provisions of item (5) of this subsection | ||
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(ii) This Section shall not abrogate any right that a | ||
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(b) Fees and Expenses. A mortgagee in possession shall not be entitled
to any fees for so acting, but shall be entitled to reimbursement for
reasonable costs, expenses and third party management fees incurred in
connection with such possession.
(Source: P.A. 98-514, eff. 11-19-13.)
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(735 ILCS 5/15-1704) (from Ch. 110, par. 15-1704)
Sec. 15-1704. Receivers. (a) Receiver. Notwithstanding the
provisions of subsections (b), (c) and (d) of Section 15-1701, and except
as provided in Section 15-1702, upon request of any party and a showing of
good cause, the court shall appoint a receiver for the mortgaged real estate.
(b) Powers. A receiver appointed pursuant to this Article shall have
possession of the mortgaged real estate and other property subject to the
mortgage during the foreclosure, shall have full power and authority to
operate, manage and conserve such property, and shall have all the usual
powers of receivers in like cases. Without limiting the foregoing, a
receiver shall have the power and authority to:
(1) secure tenants and execute leases for the real | ||
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(2) collect the rents, issues and profits from the | ||
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(3) insure the mortgaged real estate against loss by | ||
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(4) employ counsel, custodians, janitors and other | ||
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(5) pay taxes which may have been or may be levied | ||
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(c) Duties. A receiver appointed pursuant to this Article must manage
the mortgaged real estate as would a prudent person, taking into account
the effect of the receiver's management on the interest of the mortgagor.
A receiver may, without an order of the court, delegate managerial
functions to a person in the business of managing real estate of the kind
involved who is financially responsible, not related to the mortgagee or
receiver and prudently selected. However, the receiver
shall remain responsible to the mortgagor or other
persons for the acts or omissions of such management agent. When fees are
paid to such a management agent, the receiver's fees may be adjusted to the
extent the court deems appropriate. In managing the mortgaged real estate
and other property subject to the mortgage,
a receiver or receiver's delegate, to the extent the receiver receives
sufficient receipts from the mortgaged real estate, such other property or
other sources, except to the extent ordered otherwise by the court:
(1) shall maintain the existing casualty and | ||
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(2) shall use reasonable efforts to maintain the real | ||
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(2.5) shall accept all rental payments from an | ||
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(3) shall apply receipts to payment of ordinary | ||
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(4) shall pay any shared or common expense | ||
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(5) may pay the amounts due under any mortgage if the | ||
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(6) may carry such additional casualty and liability | ||
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(7) may make other repairs and improvements necessary | ||
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(8) may hold receipts as reserves reasonably required | ||
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(9) may take such other actions as may be reasonably | ||
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(d) Allocation of Receipts. Receipts received from operation of the
real estate and other property subject to the mortgage by the receiver
shall be applied in the following order of priority.
(1) to reimbursement of the receiver for all | ||
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(2) to payment of insurance premiums authorized in | ||
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(3) to payment of the receiver's delegates of any | ||
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(4) to payment of receiver's fees allowed by the | ||
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(5) to payment of expenses authorized in paragraphs | ||
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(6) to payment of amounts authorized in paragraph (5) | ||
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(7) to payment of expenses authorized in paragraphs | ||
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(8) the balance, if any, shall be held or disbursed | ||
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(e) Non-Liability for Allocations. A receiver shall in no event be
liable to any person for the allocation of, or failure to allocate,
receipts to possible expenditures within the same priority category.
(f) Notice to occupants. (1) Following an order appointing a receiver pursuant | ||
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(2) Following an order appointing a receiver pursuant | ||
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(i) identify the occupant being served by the | ||
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(ii) inform the occupant that the mortgaged real | ||
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(iii) provide the name, address, and telephone | ||
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(iv) include the following language, or language | ||
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(v) include the name of the case, the case | ||
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(vi) provide instructions on the method of | ||
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(3) The written notice required by item (2) of this | ||
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(4) In the event that a receiver ascertains the | ||
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(5)(i) A receiver who fails to comply with items (1), | ||
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(ii) An occupant who previously paid rent for the | ||
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(6) Within 21 days of appointment, the receiver shall | ||
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(i) inform occupant that the dwelling unit is the | ||
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(ii) include the following language: "This is NOT | ||
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(iii) provide the name, address, and telephone | ||
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(iv) provide instructions on the method of | ||
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(7)(i) The provisions of item (5) of this subsection | ||
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(ii) This Section shall not abrogate any right that a | ||
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(g) Increase of rents. Notwithstanding any other provision of this Article, a receiver shall not charge an occupant of the mortgaged real estate a rental amount above that which the occupant had been paying for use and occupancy of the mortgaged real estate prior to the appointment of a receiver without leave of court. The court may allow an increase of rent if, upon motion by the receiver, the court finds by a preponderance of the evidence, that the increase of rent is necessary to operate, manage, and conserve the mortgaged real estate pursuant to this Section. A list of the current rents for each unit in the mortgaged real estate, and a list of the proposed rent increase for each of those units, must be attached to a motion for a rent increase under this subsection (g). All occupants of the mortgaged real estate who may be affected by the motion for a rent increase, if not otherwise entitled to notice, shall be notified in writing of the nature of the motion, the date and time of the motion, and the court where the motion will be heard. Such notice shall be by personal service or first-class mail. In the event that the receiver and an occupant of a dwelling unit agree to a rent increase for that dwelling unit, the receiver is excused from the requirements of this subsection (g) as to that dwelling unit. Nothing in this subsection (g) shall alter the terms of any lease agreement. (h) Removal. The court may remove a receiver upon a showing of good
cause, in which case a new receiver may be appointed in accordance with
subsection (b) of Section 15-1702 and subsection (a) of Section 15-1704.
(Source: P.A. 98-514, eff. 11-19-13.)
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(735 ILCS 5/15-1705) (from Ch. 110, par. 15-1705)
Sec. 15-1705.
Bond.
(a) Mortgagee in Possession. Upon good cause shown
after notice and hearing, the court may require that a mortgagee in
possession give bond to other parties to account for what shall come into
the mortgagee's possession by virtue of taking possession of the mortgaged
real estate and for the acts of such mortgagee. The bond shall be in such
reasonable amount, form and with such surety as may be required by the court.
(b) Receiver. When a receiver is appointed, bond may be required in
accordance with Section 2-415 of the Code of Civil Procedure.
(c) Corporations. Notwithstanding the provisions of subsections (a) and
(b) of Section 15-1705, a corporation qualified to administer trusts in
this State that is acting as a mortgagee in possession or receiver shall
not be required to give bond other than appeal bonds.
(Source: P.A. 84-1462.)
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(735 ILCS 5/15-1706) (from Ch. 110, par. 15-1706)
Sec. 15-1706.
Possession.
(a) Request. A request that the mortgagee be
placed in possession or that a receiver be appointed may be made by motion,
whether or not such request is included in the complaint or other pleading.
Any such request shall be supported by affidavit or other sworn pleading.
(b) Meaning of Request. A request in a motion or in the complaint
or other pleading that the mortgagee be placed in possession or that a
receiver be appointed shall be construed to mean a mortgagee placed in
possession or a receiver appointed in accordance with, and with powers and
duties specified by, Part 17 of this Article.
(c) Hearing. After reasonable notice has been given to all other
parties, the court shall promptly hold a hearing and promptly rule on a
request that a mortgagee be placed in possession or that a receiver be
appointed, except that, if no objection to the request is made prior to the
time specified for the hearing, the court shall rule without a hearing.
(d) Reasonable Notice. For the purposes of subsection (c) of Section
15-1706, notice shall be reasonable if given as much in advance of the
hearing as notice of motions generally is required to be given under
applicable court rules, and if served in the same manner as motions
generally are served; except, if the mortgagor has not been served with the
complaint, the mortgagor must be served in the same manner as required for
service of process. Notwithstanding anything in the foregoing sentence to
the contrary, except with respect to the mortgagor of residential real
estate which has not been abandoned, the court may rule without service on
a party, if the party is in default or if the party making the request
shows good cause by affidavit or other sworn evidence. If the mortgagor is
not served prior to the hearing, he shall be given notice of the hearing to
the same extent as applicable court rules may provide for post-hearing
notice of emergency and ex parte motions.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XVI heading) ARTICLE XVI
NE EXEAT
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(735 ILCS 5/16-101) (from Ch. 110, par. 16-101)
Sec. 16-101.
Availability of remedy.
Relief by ne exeat republica may
be granted,
in cases where the debt or claim is not actually due, but exists fairly
and bona fide in expectancy at the time of making application, and in
cases where the claim is due; and it is not necessary, to
authorize the granting of such relief by ne exeat, that the applicant
show that his or her debt or claim is purely of an equitable character.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-102) (from Ch. 110, par. 16-102)
Sec. 16-102.
In favor of co-obligors or co-debtors.
In case of joint,
or joint and several obligors or debtors,
if one or more of them is about to remove outside of the jurisdictional
limits of this State, taking their property with them, leaving one or
more co-obligors or co-debtors bound with them for the payment of any
sum of money, or for the delivery of any article of property, or for the
conveyance of land at a certain time, which time has not arrived
at the time of such intended removal, such co-obligor or co-debtor who
remains is entitled, upon application, to relief by ne exeat, to
compel the co-obligor or co-debtor who is about to remove to secure the
payment of his or her part of the sum to be paid, or of the delivery of the
property, or to convey, or to join in the conveyance of the land.
In cases of security, the relief by ne exeat may be granted, on application of
a security, against the principal or co-security, when the obligation or
debt is not yet due, and the principal or co-security is about
removing out of the State.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-103) (from Ch. 110, par. 16-103)
Sec. 16-103.
Venue.
Where ne exeat proceedings are
ancillary to any other action or proceeding, the venue shall be the same
as that of the main action or proceeding.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-104) (from Ch. 110, par. 16-104)
Sec. 16-104.
Complaint or petition - Bond.
No relief by ne exeat shall
be granted but upon complaint or
petition filed, and affidavit to the truth of the allegation therein
contained. Upon the granting of such relief the court shall
enter an order stating in what
penalty bond and security shall be required of the defendant or respondent.
The court shall also require the plaintiff or petitioner, before a certified
copy of the ne exeat order is issued by the clerk, bond with good and sufficient
surety, in such sum as
the court shall deem proper, conditioned that the
plaintiff or petitioner will prosecute the complaint or petition with effect,
and will reimburse to the defendant or respondent such damages and costs as shall be
wrongfully sustained by occasion of the granting of the relief by ne exeat.
If any defendant or respondent to any such relief by ne exeat is
damaged, he or she may bring an action on such bond; and, if, on trial,
it is determined by the court that
such relief by ne exeat was applied for without just cause,
the person affected shall recover damages, to be assessed as in other
cases on penal bonds.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-105) (from Ch. 110, par. 16-105)
Sec. 16-105.
Limited to matters which are germane.
No matters not
germane to the distinctive purpose of the
proceeding shall be introduced by joinder, counterclaim or otherwise.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-106) (from Ch. 110, par. 16-106)
Sec. 16-106.
Orders returnable.
All orders for ne exeat shall be returnable
to the clerk of the court which entered the orders.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-107) (from Ch. 110, par. 16-107)
Sec. 16-107.
Service of order - Bond.
The order for ne exeat shall
require the defendant to file his or her answer or otherwise plead within
a time designated in the order, and, upon a certified copy of the order
being served upon
the defendant he or she shall give bond, with surety in the sum specified in
such order, conditioned that he or she will not depart the State without leave
of the court, and that he or she will render himself or herself to answer any
judgment which the court may enter against him or her; and in default of
giving such security, he or she may be committed to a penal institution other
than the penitentiary, as in other cases, for the want of bail. No
temporary departure from the State shall be considered as a breach of
the condition of the bond, if he or she returns before personal appearance is
necessary to answer or comply with any judgment or order of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-108) (from Ch. 110, par. 16-108)
Sec. 16-108.
Surrender of defendant.
The surety in any bond for the defendant may,
at any time before the bond is forfeited, surrender the
defendant, in exoneration of himself or herself, in the same manner that bail may
surrender their principal, and obtain the same discharge.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-109) (from Ch. 110, par. 16-109)
Sec. 16-109.
Proceedings after service of order.
On the return of the order for ne exeat, if it was
duly served, the court shall proceed therein as in other cases where
equitable relief is sought, if the time of performance of the duty or
obligation of the defendant has expired; if not, then the proceedings
shall be stayed until it has expired.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-110) (from Ch. 110, par. 16-110)
Sec. 16-110.
Vacating order.
Nothing contained in Section 16-109 of
this Act shall prevent the
court from proceeding at any time to determine whether the order for ne exeat ought
not to be vacated.
(Source: P.A. 82-280.)
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(735 ILCS 5/16-111) (from Ch. 110, par. 16-111)
Sec. 16-111.
Seeking wrong remedy not fatal.
Where relief is sought under Article XVI of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff or petitioner has pleaded or established facts which
entitle him or her to relief but that he or she has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff or petitioner is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant or respondent to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff or petitioner to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XVII heading) ARTICLE XVII
PARTITION
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(735 ILCS 5/17-101) (from Ch. 110, par. 17-101)
Sec. 17-101. Compelling partition. When lands, tenements, or hereditaments
are held in joint
tenancy or tenancy in common, other than in accordance with the Uniform Partition of Heirs Property Act, or other form of co-ownership and regardless of whether any or all of the claimants are
minors or adults, any one or more of the persons interested therein
may compel a partition thereof by a verified complaint in the circuit court of
the
county where the premises or part of the premises are situated.
If lands, tenements or hereditaments held in joint tenancy or tenancy in
common are situated in 2 or more counties, the venue may be in any one
of such counties, and the circuit court of any such county first
acquiring jurisdiction shall retain sole and exclusive jurisdiction.
Ownership of an interest in the surface of lands, tenements, or
hereditaments by a co-owner of an interest in minerals underlying
the surface does not prevent partition of the mineral estate.
This amendatory Act of the 92nd General Assembly is a declaration
of existing law and is intended to remove any possible conflicts or
ambiguities, thereby confirming existing law pertinent to the
partition of interests in minerals and applies to all actions for the
partition of minerals now pending or filed on or after the effective
date of this amendatory Act of the 92nd General Assembly.
Nothing in this amendatory Act of the 92nd General Assembly shall be
construed as allowing an owner of a mineral interest in coal to mine and
remove the coal by the surface method of mining without first obtaining the
consent of all of the owners of the surface to the mining and removal of coal
by the
surface method of mining. Ownership of an interest in minerals by a co-owner of an interest in the surface does not prevent partition of the surface. The ownership of an interest in some, but not all, of the mineral estate by a co-owner of an interest in other minerals does not prevent the partition of the co-owned mineral estate.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-102) (from Ch. 110, par. 17-102)
Sec. 17-102. Complaint. The verified complaint shall particularly describe the premises sought to be
divided, and shall set forth the interests of all parties interested
therein, so far as the same are known to the plaintiffs, including
tenants for years or for life, and of all persons entitled to the
reversion, remainder or inheritance, and of every person who, upon any
contingency, may be or become entitled to any beneficial interest in the
premises, so far as the same are known to the plaintiffs, and shall ask
for the division and partition of the premises according to the
respective rights of the parties interested therein, or in accordance with the Uniform Partition of Heirs Property Act.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-103) (from Ch. 110, par. 17-103)
Sec. 17-103.
Parties defendant.
Every person having any interest, whether
in possession or
otherwise, who is not a plaintiff shall be made a defendant in such
complaint.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-104) (from Ch. 110, par. 17-104)
Sec. 17-104.
Unknown parties.
When there are any persons interested
in the premises whose
names are unknown, or the share or quantity of interest of any of the
parties is unknown to the plaintiff, or such share or interest is
uncertain or contingent, or the ownership of the inheritance depends
upon an executory devise, or the remainder is contingent, so that such
parties cannot be named, it shall be so stated in the verified complaint.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-105) (from Ch. 110, par. 17-105)
Sec. 17-105. Judgment. The court shall ascertain and declare the rights, titles and
interest of all the parties in such action, the plaintiffs as well as the
defendants, and shall enter judgment according to the rights of the
parties. After entry of judgment adjudicating the rights, titles, and interests of the parties, the court upon further hearing shall determine whether or not the premises or any part thereof can be divided among the parties without manifest prejudice to the parties in interest. If the court finds that a division can be made, then the court shall enter further judgment fairly and impartially dividing the premises among the parties with or without owelty. If the court finds that the whole or any part of the premises sought to be partitioned cannot be divided without manifest prejudice to the owners thereof and is not governed by the Uniform Partition of Heirs Property Act, then the court shall order the premises not susceptible of division to be sold at public sale in such manner and upon such terms and notice of sale as the court directs. If the court orders the sale of the premises or any part thereof, the court shall fix the value of the premises to be sold. No sale may be approved for less than two-thirds of the total amount of the valuation of the premises to be sold. If it appears to the court that any of the premises will not sell for two-thirds of the amount of the valuation thereof, the court upon further hearing may either revalue the premise and approve the sale or order a new sale.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-106) (from Ch. 110, par. 17-106)
Sec. 17-106. Appointment of commissioner and surveyor.
The court in its discretion, sua sponte, or on the motion of any interested party, must appoint a disinterested commissioner who, subject to direction by the court, shall report to the court in writing under oath as to whether or not the premises are subject to division without manifest prejudice to the rights of the parties and, if so, report how the division may be made. The court may authorize the employment of a surveyor to carry out or assist in the division of the premises. The fees and expenses of the commissioner and of the surveyor and the person making the sale shall be taxed as costs in the proceedings.
(Source: P.A. 101-520, eff. 8-23-19.)
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(735 ILCS 5/17-107) (from Ch. 110, par. 17-107)
Sec. 17-107.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-108) (from Ch. 110, par. 17-108)
Sec. 17-108.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-109) (from Ch. 110, par. 17-109)
Sec. 17-109.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-110) (from Ch. 110, par. 17-110)
Sec. 17-110.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-111) (from Ch. 110, par. 17-111)
Sec. 17-111.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-112) (from Ch. 110, par. 17-112)
Sec. 17-112. Homestead. If any party to the action is entitled to an estate of homestead in the
premises, or any part thereof, and the homestead has not been set off,
the homestead may be set off by the court; and if the court
so directs, the premises so allotted or set off may be partitioned
among the claimants, subject thereto.
(Source: P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-113) (from Ch. 110, par. 17-113)
Sec. 17-113.
Election as to shares.
Several parties interested in the
premises may, if they
so elect, have their shares set off together or in severalty.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-114) (from Ch. 110, par. 17-114)
Sec. 17-114.
Liens.
A person having a mortgage, attachment, or other lien on
the share of a part owner shall be concluded by the judgment of
partition so far as it relates to the partition and the assignment of the
shares, but his or her lien shall remain in full force upon the part assigned
to or left for such part owner.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-115) (from Ch. 110, par. 17-115)
Sec. 17-115.
Eviction by person with better title.
If a person to whom
any share has been allotted is evicted
by a person who, at the time of the partition, had a title older and
better than the title of those who were parties to the action, the person
evicted may have a new partition of the residue as if no partition had
been made, if such new partition can be justly made, or he or she may have
contribution from the others, so as to make his or her share just and
proportional with the others, according to the rights in the premises.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-116) (from Ch. 110, par. 17-116)
Sec. 17-116.
(Repealed).
(Source: P.A. 82-280. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-117) (from Ch. 110, par. 17-117)
Sec. 17-117.
(Repealed).
(Source: P.A. 83-707. Repealed by P.A. 93-925, eff. 8-12-04.)
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(735 ILCS 5/17-118) (from Ch. 110, par. 17-118)
Sec. 17-118.
Report of sale - Conveyances.
The officer making such
sale shall, within 10 days
thereafter, file a report of his or her action in the office of the clerk of the
court ordering such sale. The court may approve the report and confirm
the sale reported if no objections have been filed or may disapprove the
sale and order the real estate to be resold; if objections have been
filed to the report, the court may at once proceed to hear such
objections and sustain or overrule them.
Upon confirmation of the sale, the person making the sale or some
person specially appointed shall execute and deliver to the purchaser
proper conveyances, taking in case of sale on credit, security as
required by the judgment. These conveyances shall operate as an
effectual bar against all parties and privies to the proceedings and all
persons claiming under them.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-119) (from Ch. 110, par. 17-119)
Sec. 17-119.
Distribution of proceeds.
Upon the approval of the report
by the court, the proceeds of the sale
shall be distributed by the person making the sale, as directed by the
court, to the persons entitled thereto, according to their interests,
or, in appropriate cases, to the persons and in the amounts and manner
as now or hereafter provided in the applicable sections of the Probate
Act of 1975, as amended, relating to small estates.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-120) (from Ch. 110, par. 17-120)
Sec. 17-120.
Life estate or homestead.
In case of sale the court may,
with the consent of the person
entitled to an estate for life, or for years, or of homestead, to the
whole or any part of the premises, who is a party in the action, sell such
estate with the rest. Such consent shall be in writing, signed by
such person, and filed in the court wherein the proceedings for
partition are pending.
If such persons are incapable of giving consent, the court may
determine, taking into consideration the interests of all parties, whether such
estate ought to be excluded from the sale or sold.
When such interest is sold, the value thereof may be ascertained
and paid over in gross, or the proper proportion of the funds invested,
and the income paid over to the party entitled thereto, during the
continuance of the estate.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-121) (from Ch. 110, par. 17-121)
Sec. 17-121.
Unknown owners.
If the person entitled to any estate is
unknown, the court
may determine whether the estate shall be sold or not, as in case of
persons under disability, and in the event of sale, make such order for
the protection of the rights of such person, in the same manner, as far
as may be, as if the person were known and had appeared.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-122) (from Ch. 110, par. 17-122)
Sec. 17-122.
Deposit of proceeds of sale.
When a sale of premises is
made, and no person appears to
claim such portion of the money as may belong to any non-resident or
person whose name is unknown, the court shall require such money to be
deposited in the county treasury, subject to the further order of the
court. All money so required to be deposited shall be received by the
county treasurer and paid upon the order of the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-123) (from Ch. 110, par. 17-123)
Sec. 17-123.
Application for deposited money.
When money is so deposited
in the county treasury, the
person or persons entitled to the same, may at any time apply to the
court making the order of sale and obtain an order for the same upon
making satisfactory proof to the court of his or her right thereto.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-124) (from Ch. 110, par. 17-124)
Sec. 17-124.
Vesting title.
In all actions for the partition of real
estate, the court may: investigate and determine all questions of conflicting
or controverted titles, and remove clouds upon the titles to any of the
premises sought to be partitioned; vest titles, by its order, in the
parties to whom the premises are allotted, without the forms of
conveyances by minors or unknown heirs or other parties to the action;
order a sale of the premises for the purpose of dividing the premises in
proper cases, and by its order, vest the purchaser with title, and
apportion incumbrances among the parties to whom the incumbered premises
are allotted.
(Source: P.A. 84-1308.)
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(735 ILCS 5/17-125) (from Ch. 110, par. 17-125)
Sec. 17-125.
Costs.
In all proceedings for the partition of real estate, when
the rights and interests of all the parties in interest are properly set
forth in the complaint, the court shall apportion the costs among the
parties in interest in the action, including the necessary expense of
procuring such evidence of title to the real estate as is usual and
customary for making sales of real estate, and a reasonable fee for
plaintiff's attorney, so that each party shall pay his or her equitable
portion thereof, unless the defendants, or some of them, interpose
a good and substantial defense to the complaint. In such case the party
or parties making such substantial defense shall recover their costs
against the plaintiff according to justice and equity.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-126) (from Ch. 110, par. 17-126)
Sec. 17-126.
Adjustment of rights after judgment.
In any case where,
after judgment of partition, and before
division or sale is had (as the case may be), the parties in interest
adjust the respective rights among themselves so that further
proceedings leading to such actual division or sale become unnecessary,
an order shall be entered terminating further proceedings, whereupon
the judgment of partition shall remain in full force and effect to
determine the rights and interests of the parties as adjudicated
therein, and there shall be no judicial division or sale of the
premises, rights or interests pursuant to such judgment.
(Source: P.A. 82-280.)
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(735 ILCS 5/17-127) (from Ch. 110, par. 17-127)
Sec. 17-127.
Proceedings herein.
Proceedings for partition shall be
conducted in accordance
with the provisions of Article XVII of this Act.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XVIII heading) ARTICLE XVIII
QUO WARRANTO
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(735 ILCS 5/18-101) (from Ch. 110, par. 18-101)
Sec. 18-101.
Grounds.
A proceeding in quo warranto may be brought in case:
(1) Any person usurps, intrudes into, or unlawfully holds or
executes any office, or franchise, or any office in any corporation
created by authority of this State;
(2) Any person holds or claims to hold or exercise any
privilege, exemption or license which has been improperly or without
warrant of law issued or granted by any officer, board, commissioner,
court, or other person or persons authorized or empowered by law to
grant or issue such privilege, exemption or license;
(3) Any public officer has done, or allowed any act which by
the provisions of law, works a forfeiture of his or her office;
(4) Any association or number of persons act within this State
as a corporation without being legally incorporated;
(5) Any corporation does or omits to do any act which amounts to a
surrender or forfeiture of its rights and privileges as a corporation,
or exercises powers not conferred by law;
(6) Any railroad company doing business in this State
charges an extortionate rate for the transportation of any freight or
passenger, or makes any unjust discrimination in the rate of
freight or passenger tariff over or upon its railroad.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-102) (from Ch. 110, par. 18-102)
Sec. 18-102.
Parties.
The proceeding shall be brought in the name of the People of
the State of Illinois by the Attorney General or State's Attorney of the
proper county, either of his or her own accord or at the instance of any
individual relator; or by any citizen having an interest in the question
on his or her own relation, when he or she has requested the Attorney General and
State's Attorney to bring the same, and the Attorney General and State's
Attorney have refused or failed to do so, and when, after notice to the
Attorney General and State's Attorney, and to the adverse party, of the
intended application, leave has been granted by the circuit court.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-103) (from Ch. 110, par. 18-103)
Sec. 18-103.
Pleadings.
The People of the State of Illinois shall be deemed the
plaintiff and the adverse parties shall be defendants, and the first
pleading by the plaintiff shall be designated a complaint. The complaint
need not set forth the basis of the challenge, but may in general terms
allege that the defendant is exercising the claimed right without lawful
authority and call upon the defendant to show by what warrant he,
she or it exercises it, and if more than one ground exists they may all be joined
in one count.
When the complaint is filed by a citizen on his or her own relation, it
shall be alleged therein that his or her requests of the Attorney General and
the State's Attorney, respectively, to bring the action, have been
refused, or that they have failed to act, as the case may be, and that
leave of court to file the complaint has been granted as
provided in Article XVIII of this Act.
The several rights of diverse parties to the same office or
franchise, privilege, exemption or license, may properly be determined
in one action, and all such persons may be joined in the same complaint,
in order to try their respective rights to such office, franchise,
privilege, exemption or license; but the court, in its discretion, may
order separate trials when convenience in the determination of any of
such rights so requires. No matters not germane to the
distinctive purpose of the proceeding shall be introduced by joinder,
counterclaim or otherwise.
If the plaintiff elects to set forth expressly in the complaint the
grounds for an attack on the defendant's claimed right, the defendant
may answer the complaint or present a motion directed thereto as in
other civil actions, but if the complaint is in general terms, as
provided in Article XVIII of this Act, the defendant shall by answer disclaim
or justify,
and, if the defendant justifies, shall set out the facts which show the lawful
authority to exercise the right claimed. The plaintiff may reply to the
answer or present a motion directed thereto as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-104) (from Ch. 110, par. 18-104)
Sec. 18-104.
Limitation.
No action shall be brought by quo warranto, or otherwise, questioning
the legality of the organization of any county, city, village,
incorporated town, township, school district, park district, road
district, drainage district, sanitary district, authority or any other
municipal corporation or political subdivision in the State of Illinois
after such municipal corporation or political subdivision has been in de
facto existence for a period of 3 years.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-105) (from Ch. 110, par. 18-105)
Sec. 18-105.
Security for costs.
When the action is brought by any
citizen on his or her own
relation, as above provided, he or she shall file security for costs to be
approved by the clerk, at the time the complaint is filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-106) (from Ch. 110, par. 18-106)
Sec. 18-106.
Summons - Appearance.
Upon the filing of the complaint, the
clerk of court shall
issue a summons, in like form, as near as may be, as summons in other
civil cases. The summons shall be made returnable within a time designated
by the plaintiff not less than 5 nor more than 30 days
after the service of the summons. Every defendant who is served with
summons shall answer or otherwise appear on or before the
return day of the summons, unless the time for doing so is extended by the court.
If the defendant fails to do so, judgment may
be entered against the defendant. Reply to or motion directed against
the answer may be filed by the plaintiff within 5 days after
the last day allowed for the filing of the answer, unless the time for doing
so is extended by the court.
(Source: P.A. 83-357.)
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(735 ILCS 5/18-107) (from Ch. 110, par. 18-107)
Sec. 18-107.
Seeking wrong remedy not fatal.
Where relief is
sought under Article XVIII of this Act and the court determines, on
motion directed to the pleadings, or on motion for summary judgment or
upon trial, that the plaintiff has pleaded or established facts which
entitle the plaintiff to relief but that the plaintiff has sought the wrong
remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which plaintiff is entitled on
the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party complaint, and to order
the plaintiff to take additional steps which were not required under the
pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/18-108) (from Ch. 110, par. 18-108)
Sec. 18-108.
Judgment.
The court shall determine and adjudge
the rights of all
parties to the proceeding. In case any person or corporation against
whom such complaint is filed is adjudged guilty as charged in the
complaint, the court may enter judgment of ouster against such person
or corporation from the office or franchise, and fine such person or
corporation, and also enter judgment in favor of the relator for the
cost of the prosecution. Instead of entering judgment of ouster
from a franchise for an abuse thereof, the court may fine the person or
corporation found guilty in any sum not exceeding $25,000.00 for each
offense. When judgment is entered in favor of any defendant, such defendant
shall recover costs against the relator.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. XIX heading) ARTICLE XIX
REPLEVIN
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(735 ILCS 5/19-101) (from Ch. 110, par. 19-101)
Sec. 19-101.
When brought.
Whenever any goods or chattels have been wrongfully
distrained, or otherwise wrongfully taken or are wrongfully
detained, an action of replevin may be brought for the recovery of such
goods or chattels, by the owner or person entitled to their possession.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-102) (from Ch. 110, par. 19-102)
Sec. 19-102.
When not available.
No action of replevin shall lie on
behalf of a defendant against whom a judgment
or attachment is in the process of enforcement, to recover goods or chattels
seized by virtue thereof, unless such goods and chattels are exempted, by law,
from such enforcement of the judgment or attachment; nor shall an action of replevin lie
for such goods and chattels at the action of any other person, unless such
other person has,
at the time, a right to reduce the goods
taken to his or her possession.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-103) (from Ch. 110, par. 19-103)
Sec. 19-103.
Venue.
The venue provisions applicable to other civil cases shall
apply to actions of replevin; and in addition an action of replevin may
be brought in any county in which the goods or chattels or any part of
them are located.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-104) (from Ch. 110, par. 19-104)
Sec. 19-104.
Complaint.
An action of replevin shall be commenced by the filing of a verified
complaint which describes the property to be replevied and states that
the plaintiff in such action is the owner of the property so described,
or that he or she is then lawfully entitled to the possession thereof, and that
the property is wrongfully detained by the defendant, and that the same
has not been taken for any tax, assessment, or fine levied by virtue of
any law of this State, against the property of such plaintiff, or
against him or her individually, nor seized under any lawful process
against the goods and chattels of such plaintiff subject to such lawful
process, nor held by virtue of any order for replevin against such
plaintiff.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-105) (from Ch. 110, par. 19-105)
Sec. 19-105.
Notice.
The defendant shall be given 5 days written notice in the manner
required by rule of the Supreme Court, of a hearing before the court to
contest the entry of an order for replevin. No order for replevin may
be entered nor may property be seized pursuant to an order
for replevin prior to
such notice and hearing except as provided in Section 19-106 of this Act.
As to any particular property, the right to notice and hearing
established in this Section may not be waived by any consumer. As used
in this Section, a consumer is an individual who obtained possession of
the property for personal, family, household, or agricultural purposes.
Any waiver of the right to notice and hearing established in this
Section must be in writing and must be given voluntarily, intelligently, and
knowingly.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-106) (from Ch. 110, par. 19-106)
Sec. 19-106.
Exception to requirement of notice.
Notice to the defendant is not required if the plaintiff establishes
and the court finds as a matter of record and supported by evidence that
summary seizure of the property is justified by reason of necessity to:
(1) protect the plaintiff from an immediately impending harm which
will result from the imminent destruction or concealment of the disputed
property in derogation of the plaintiff's rights in the property;
(2) protect the plaintiff from an immediately impending harm which
will result from the imminent removal of the disputed property from the
State, taking into consideration the availability of judicial remedies
in the event of such removal;
(3) protect the plaintiff from an immediately impending harm which
will result from the perishable nature of the disputed property under
the particular circumstances at the time of the action;
(4) protect the plaintiff from an immediately impending harm which
will result from the imminent sale, transfer or assignment of the
disputed property to the extent such sale, transfer or assignment is
fraudulent or in derogation of the plaintiff's rights in the property;
(5) recover the property from a defendant who has obtained
possession by theft.
At an ex parte hearing to determine if notice is not required, the
court shall examine the evidence on each element required by this
Section or any written waiver of rights presented by the plaintiff. If
the court finds that notice is not required, or that the waiver is in
accordance with law, it shall order a hearing as soon as practicable on
the entry of an order for replevin.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-107) (from Ch. 110, par. 19-107)
Sec. 19-107.
Hearing for entry of order.
At the hearing on the entry of an order for
replevin, which may be
a hearing to contest pursuant to notice under Section 19-105 of this Act or an ex parte
hearing pursuant to a finding under Section 19-106 of this Act, the court shall review
the basis of the plaintiff's claim to possession. If the plaintiff
establishes a prima facie case to a superior right to possession of the
disputed property, and if the plaintiff also demonstrates to the court
the probability that the plaintiff will ultimately prevail on the underlying claim
to possession, the court shall so find as a matter of record and an order
for replevin shall be entered by the court.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-108) (from Ch. 110, par. 19-108)
Sec. 19-108.
Direction of order.
The order shall be
directed to the sheriff or other proper officer of the proper county, to
serve; and for the purpose only of service as summons shall be directed also
to any person authorized to serve summons.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-109) (from Ch. 110, par. 19-109)
Sec. 19-109.
Order.
The order for replevin shall
require the sheriff, or other officer to
whom it is directed to take the property, describing it as in the
complaint, from the possession of the defendant, and deliver the same to
the plaintiff unless such defendant executes a bond and security as
hereinafter provided, and to summon the defendant to answer the
complaint or otherwise appear in the action, or in case the property
or any part thereof is
not found and delivered to the sheriff or other officer, to answer to the
plaintiff for the value of the same. The order for replevin may be served
as a summons for a trial on the merits of the case by any person
authorized to serve summons.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-110) (from Ch. 110, par. 19-110)
Sec. 19-110.
Several counties involved.
Additional certified copies
of the order for replevin may be issued by the clerk of court, upon the
request of the plaintiff, to be used in several counties.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-111) (from Ch. 110, par. 19-111)
Sec. 19-111.
Additional copies of order.
When it appears by the return
of the officer that any
defendant or the property described in the order or any part thereof, is
not found, additional certified copies directing the officer to summon such
defendant and to take the property from the possession of the defendant
and deliver the same to the plaintiff, may be issued by the clerk of court
on the request of the
plaintiff until such defendant is served or until such property is
taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-112) (from Ch. 110, par. 19-112)
Sec. 19-112.
Replevin bond.
Before the service of the order for replevin
the plaintiff
or some one else on his or her behalf shall give to the sheriff or other
officer a bond with sufficient security in double the value of the
property about to be replevied, conditioned that he or she will prosecute such
action to effect and without delay and make return of the property to the
defendant if return of the property shall be awarded or will deliver the
same to the intervening petitioner should it be found that the property
belongs to him or her, and save and keep harmless such sheriff or other officer
as the case may be, in replevying such property and further conditioned
for the payment of all costs and damages occasioned by wrongfully obtaining
out the order for replevin,
and if the sureties on such bond at any time before trial becomes
insolvent, an order shall be entered requiring good and sufficient
replevin bond to be filed, and if the same is not so filed within
the time fixed by the court, the action shall be dismissed.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-113) (from Ch. 110, par. 19-113)
Sec. 19-113.
Return.
Such officer shall return the bond so taken by
the officer, together
with the certified copy of the order to the clerk of court who issued such
certified copy of the order.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-114) (from Ch. 110, par. 19-114)
Sec. 19-114.
Failure to take and return bond.
If the sheriff or other
officer fails to take and return the bond, as
required by Article XIX of this Act, or returns an insufficient bond, he or she shall be
liable to the party injured for all damages such party
may sustain by reason of
such neglect, which may be recovered in an action against the sheriff
or other officer,
or by an action upon the sheriff's or other officer's official bond.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-115) (from Ch. 110, par. 19-115)
Sec. 19-115.
Limitation.
No sheriff or other officer shall be liable, under the
preceding section, unless the bond was insufficient when taken, nor
unless action is commenced against him or her or upon his or her bond, within 3
years after the cause of action accrues.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-116) (from Ch. 110, par. 19-116)
Sec. 19-116.
Service of order.
Upon the bond being given the sheriff or other proper
officer shall forthwith serve the certified copy of the order by seizing
the property therein mentioned and by serving such
order upon the defendant as summons is served in other civil
cases.
The order for replevin issued as provided in Section 19-108
of this Act, may be served as a summons upon defendants wherever they
may be found in the State by any person authorized to serve summons in other
civil cases; but property may be taken
from the possession of a defendant under a replevin order only in the
county in which the order is entered and by a proper officer of the
county.
The officer serving such certified order having taken the property or any part
thereof shall forthwith deliver such property to the plaintiff unless
the defendant executes a bond and security approved by such officer,
before such property is actually delivered to the plaintiff. Such bond
shall be given in an amount double the value of such property and
conditioned that the defendant will appear in and defend the action, and
will deliver such property in accordance with the order of the court, in
as good condition as it was when the action was commenced, and that the
defendant will pay only those costs and damages that may be incurred
during the time the property is out of the possession of the officer and back
in his or her possession and adjudged against the defendant in such action.
Such bond shall be returned to the court by the officer serving the
order on the day such order is returnable.
(Source: P.A. 83-707.)
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(735 ILCS 5/19-117) (from Ch. 110, par. 19-117)
Sec. 19-117. Service upon defendant. It shall be the duty of the officer
having an order for
replevin, to serve the same upon the defendant, whether the property is
found or delivered to him or her, or not, unless, when none of the property is
found, the officer is otherwise directed by the plaintiff or his or her
attorney or agent.
If the defendant fails to deliver up to the sheriff the chattel which is the subject of the order for replevin and the plaintiff has a reasonable belief as to where the chattel is sequestered, the court may authorize the sheriff to use reasonable force to enter into the property to recover same upon such terms and conditions as the court may direct.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/19-118) (from Ch. 110, par. 19-118)
Sec. 19-118.
Notice by publication.
If it appears by affidavit of the
plaintiff, his or her
attorney or agent, or by the return of the officer, that any defendant
in such action is not a resident of this State, or has departed from this
State, or on due inquiry cannot be found, or is concealed within this
State, so that process cannot be served on him or her, notice may be given as
provided by law in cases of attachment, and with like effect.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-119) (from Ch. 110, par. 19-119)
Sec. 19-119.
Answer or otherwise appear.
The defendant shall answer
or otherwise appear
as in other civil cases.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-120) (from Ch. 110, par. 19-120)
Sec. 19-120.
When property not found.
When the property or any part
thereof is not found or
delivered as above stated, and the defendant is summoned or enters his or her
appearance, the plaintiff may proceed, under the original or amended
complaint, as in an action for the wrongful taking and detention of such
property or so much thereof as is not found and delivered to the sheriff
or other officer, and as to the property not found and delivered, the
plaintiff, if he or she recovers, shall be entitled to judgment for the
value thereof or his or her interest therein, and such damages as he or she has
sustained by reason of the wrongful taking and detention.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-121) (from Ch. 110, par. 19-121)
Sec. 19-121.
Distress for rent.
It shall be sufficient for the defendant,
in all cases of
replevin for distress taken for rent, to allege generally without
particularly setting forth the tenure or title to the lands whereon such
distress was taken.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-122) (from Ch. 110, par. 19-122)
Sec. 19-122.
Seeking wrong remedy not fatal.
Where relief is sought
under Article XIX of this Act and the court determines, on motion directed
to the pleadings, or on motion for summary judgment or upon trial, that
the plaintiff has pleaded or established facts which entitle the plaintiff
to relief but that the plaintiff has sought the wrong remedy, the court
shall permit the pleadings to be amended, on just and reasonable terms,
and the court shall grant the relief to which the plaintiff is entitled
on the amended pleadings or upon the evidence. In considering whether a
proposed amendment is just and reasonable, the court shall consider the
right of the defendant to assert additional defenses, to demand a trial
by jury, to plead a counterclaim or third party
complaint, and to order the plaintiff to take additional steps which were
not required under the pleadings as previously filed.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-123) (from Ch. 110, par. 19-123)
Sec. 19-123. Judgment against plaintiff. If the plaintiff in an action
of replevin obtains an order for replevin and the right of property is adjudged against the plaintiff, judgment shall be entered
for a return of the property if such property has been delivered
to the plaintiff, and damages for the use thereof from the time it was
taken until a return thereof is made, unless the plaintiff shall,
in the meantime, have become entitled to the possession of the property,
in which event judgment may be entered against the plaintiff for costs and
such damage as the
defendant has sustained; or if the property was held for the
payment of any money, the judgment may be in the alternative that the
plaintiff pay the amount for which the same was rightfully held, with
proper damages, within a given time, or make return of the property in
case such property was delivered to the plaintiff.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/19-124) (from Ch. 110, par. 19-124)
Sec. 19-124.
Intervention.
In replevin cases pending in circuit courts, any person
other than the defendant claiming the property replevied may intervene,
verifying the petition by affidavit. The court shall direct a trial of
the right of property as in other cases and in case judgment is rendered
for the intervening party and it is further found that such party is
entitled to the possession of all or any part of the property, judgment
shall be entered accordingly and the property to which the claimant is
entitled ordered to be delivered to such claimant together with payment of
the claimant's costs.
In case judgment is entered for the claimant, although he or she is not then
entitled to possession of the property, he or she shall be entitled to his
or her costs. In case judgment is entered for the plaintiff, the plaintiff shall be
entitled to recover the plaintiff's costs from the claimant. If the claimant is a
non-resident of the State, he or she shall file security for costs as required
of non-resident plaintiffs.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-125) (from Ch. 110, par. 19-125)
Sec. 19-125.
Judgment for plaintiff.
If judgment is entered in favor
of the plaintiff in replevin, the plaintiff shall
recover damages for the detention of the property while the same was
wrongfully detained by the defendant.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-126) (from Ch. 110, par. 19-126)
Sec. 19-126.
Damages.
In either case provided for in Sections 19-124
and 19-125 of this Act,
if the case is tried by a jury, the damages may be assessed by such
jury, but if the plaintiff takes a voluntary dismissal or an involuntary
dismissal is ordered by the court
or judgment is entered for defendant without a trial, the damages
may be assessed by the court or by a jury impaneled for that purpose.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-127) (from Ch. 110, par. 19-127)
Sec. 19-127.
Action on bond.
If at any time the conditions of the bond
required by
Section 19-112 of this Act, or of the bond provided for in Section 19-116
of this Act are
broken, the sheriff or other officer or plaintiff in the name of the
sheriff, for his or her own use, or the defendant or intervening party, as the
case may be, may proceed and maintain an action on such bond for the
recovery of all damages and costs, as have been sustained in consequence
of the breach of such condition.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-128) (from Ch. 110, par. 19-128)
Sec. 19-128.
Defense to action on bond.
If the merits of the case have
not been determined in the
trial of the action in which the bond was given, the defendant in the
action upon the replevin bond may plead that fact and his or her title to the
property in dispute, in the action of replevin.
(Source: P.A. 82-280.)
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(735 ILCS 5/19-129) Sec. 19-129. Mobile homes. If the chattel which is the subject of the replevin action is a mobile home and is occupied by the defendant or other persons, the court may issue an eviction order directing the sheriff to remove the personal property of the defendant or occupants from the mobile home if the defendants and unknown occupants are given notice of the plaintiff's intent to seek an eviction order and that upon entry of the order, the execution is stayed for a reasonable time as determined by the court so as to allow the defendants and unknown occupants to remove their property from the mobile home.
(Source: P.A. 100-173, eff. 1-1-18.) |
(735 ILCS 5/Art. XIX-c heading) ARTICLE XIX-c
EFFECTIVE DATE
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(735 ILCS 5/19c-101) (from Ch. 110, par. 19c-101)
Sec. 19c-101.
(a) This Act takes effect July 1, 1982, and shall apply to
all cases and proceedings commenced on or after that date.
(b) For cases and proceedings commenced prior to and still pending on
July 1, 1982, this Act shall apply only to those proceedings which take
place on or after that date.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XX heading) ARTICLE XX.
RECOVERY OF FRAUDULENTLY
OBTAINED PUBLIC FUNDS
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(735 ILCS 5/20-101) (from Ch. 110, par. 20-101)
Sec. 20-101.
As used in this Article:
(1) "Compensation, benefits or remuneration" includes regular compensation,
overtime compensation, vacation compensation, deferred compensation, sick
pay, disability pay, sick leave, disability leave, medical, dental, optical
or other health benefits, pension or retirement benefits or any other pay,
compensation, benefits, or any other remuneration.
(2) "Person" includes any firm, corporation, association, agency,
institution or other legal entity, as well as any natural person.
(3) "Local governmental unit" means any unit of local government or school district.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-102) (from Ch. 110, par. 20-102)
Sec. 20-102.
Any person who has received from the State or from any local
governmental unit compensation, benefits or remuneration by means of a false
or fraudulent record, statement, or claim or other willful misrepresentation,
or by his failure to notify the State or local governmental unit of a change
in his status as may be required by the State or local governmental unit,
or by other fraudulent device, shall be answerable to the State or local
governmental unit, as the case may be, for refunding the entire amount of
such compensation, benefits or remuneration received.
If the refund is not made, it shall be recoverable in a civil action from
the person who received the compensation, benefits or remuneration, or from
anyone who knowingly aided such person in obtaining the compensation,
benefits or remuneration.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-103) (from Ch. 110, par. 20-103)
Sec. 20-103.
Any person who by means of a false record, statement or
representation, or by willful concealment of any material fact, or by other
fraudulent scheme or device on behalf of himself, his dependents or others,
knowingly obtains from the State or local governmental unit compensation,
benefits or remuneration to which he
is not entitled, or in a greater amount than that to which he is
entitled, shall be liable for full repayment of such compensation, benefits
or remuneration received to which the person was not entitled.
In addition to any other penalties provided by law, the court shall impose
civil penalties consisting of interest on the amount of the compensation,
benefits or remuneration received to which the person was not
entitled at the maximum legal rate for interest on judgments in effect on
the date the payment was made to such person for the period beginning on
the date upon which payment was made to the date upon which repayment is
made; and may impose either of the following penalties:
(1) an amount not to exceed 3 times the amount of such compensation, benefits
or remuneration to which the person was not entitled; or
(2) an amount not to exceed $2,000 for each instance that the person
used any fraudulent scheme or device to obtain compensation, benefits or
remuneration to which he is not entitled, whichever penalty the court deems
more appropriate. Except as provided by Section 20-105, upon
entry of a judgment for repayment of such compensation,
benefits or remuneration, or for any civil penalties assessed by the court,
a lien shall attach to all property and assets of such person until the
judgment is satisfied, subject to the exemptions otherwise applying to the
real and personal property of judgement debtors.
(Source: P.A. 84-1462.)
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(735 ILCS 5/20-104) (from Ch. 110, par. 20-104)
Sec. 20-104.
(a) Before any action is instituted pursuant to this Act,
the State or local governmental unit shall make a good faith attempt to
collect amounts owed to it by using informal procedures and methods. Civil
recoveries provided for in this Article shall be
recoverable only: (1) in actions on behalf of the State, by the Attorney
General; (2) in actions on behalf of a municipality with a population over
500,000, by the corporation counsel of such municipality; and (3) in
actions on behalf of any other local governmental unit, by counsel
designated by the local government unit or, if so requested by the local
governmental unit and the state's attorney so agrees, by the state's attorney.
However, nothing in clause (3) of this subsection (a) shall affect
agreements made pursuant to the State's Attorneys Appellate Prosecutor's
Act. If the state's attorney of a county brings an action on behalf
of another unit of local government pursuant to this Section, the county
shall be reimbursed by the unit of local government in an amount mutually
agreed upon before the action is initiated.
(b) Notwithstanding any other provision in this Section, any private
citizen residing within the boundaries of the governmental unit affected
may bring an action to recover the damages authorized in this Article on behalf
of such governmental unit if: (a) the citizen has sent a letter by
certified mail, return receipt requested, to the appropriate government
official stating his intention to file suit for recovery under this Article and
(b) the appropriate governmental official has not, within 60 days of the
date of delivery on the citizen's return receipt, either instituted an
action for recovery or sent notice to the citizen by
certified mail, return receipt requested, that the official has arranged
for a settlement with the party alleged to have illegally obtained the
compensation or that the official intends to commence suit within 60 days
of the date of the notice. A denial by the official of the liability of
the party alleged liable by the citizen, failure to have actually arranged
for a settlement as stated, or failure to commence a suit within the
designated period after having stated the intention in the notice to do so
shall also permit the citizen to commence the action.
For purposes of this subsection (b), "appropriate government official"
shall mean: (1) the Attorney General, where the government unit alleged
damaged is the State; (2) the corporation counsel where the government unit
alleged damaged is a municipality with a population of over 500,000; and
(3) the chief executive officer of any other local government unit where
that unit is alleged damaged.
Any private citizen commencing an action in compliance with this
subsection which is reasonable and commenced in good faith shall be
entitled to recover court costs and litigation expenses, including
reasonable attorney's fees, from any defendant found liable under this Article.
(Source: P.A. 102-558, eff. 8-20-21.)
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(735 ILCS 5/20-105) (from Ch. 110, par. 20-105)
Sec. 20-105.
Certain rights not affected.
No judgment entered
pursuant to this Article shall affect the rights of any bona fide
purchaser, mortgagee, judgment creditor or other lien holder arising prior
to the date on which a transcript, certified copy or memorandum of such
judgment is filed in the office of the recorder of deeds or registrar of
titles in the county in which real estate subject to the lien is located.
(Source: P.A. 84-1462.)
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(735 ILCS 5/Art. XXI heading) ARTICLE XXI.
CHANGE OF NAME
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(735 ILCS 5/21-101) (from Ch. 110, par. 21-101) Sec. 21-101. Proceedings; parties. (a) If any person who is a resident of this State and has resided in this State for 6 months desires to change his or her name and to assume another name by which to be afterwards called and known, the person may file a petition requesting that relief in the circuit court of the county wherein he or she resides. (b) A person who has been convicted of any offense for which a person is required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or any other state and who has not been pardoned is not permitted to file a petition for a name change in the courts of this State during the period that the person is required to register, unless that person verifies under oath, as provided under Section 1-109, that the petition for the name change is due to marriage, religious beliefs, status as a victim of trafficking or gender-related identity as defined by the Illinois Human Rights Act. A judge may grant or deny the request for legal name change filed by such persons. Any such persons granted a legal name change shall report the change to the law enforcement agency having jurisdiction of their current registration pursuant to the Duty to Report requirements specified in Section 20 of the Murderer and Violent Offender Against Youth Registration Act and Section 6 of the Sex Offender Registration Act. For the purposes of this subsection, a person will not face a felony charge if the person's request for legal name change is denied without proof of perjury. (b-1) A person who has been convicted of a felony offense in this State or any other state and whose sentence has not been completed, terminated, or discharged is not permitted to file a petition for a name change in the courts of this State unless that person is pardoned for the offense. (c) A petitioner may include his or her spouse and adult unmarried children, with their consent, and his or her minor children where it appears to the court that it is for their best interest, in the petition and relief requested, and the court's order shall then include the spouse and children. Whenever any minor has resided in the family of any person for the space of 3 years and has been recognized and known as an adopted child in the family of that person, the application herein provided for may be made by the person having that minor in his or her family. An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including: (1) The wishes of the child's parents and any person | ||
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(2) The wishes of the child and the reasons for those | ||
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(3) The interaction and interrelationship of the | ||
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(4) The child's adjustment to his or her home, | ||
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(d) If it appears to the court that the conditions and requirements under this Article have been complied with and that there is no reason why the relief requested should not be granted, the court, by an order to be entered of record, may direct and provide that the name of that person be changed in accordance with the relief requested in the petition. If the circuit court orders that a name change be granted to a person who has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, a copy of the order, including a copy of each applicable access and review response, shall be forwarded to the Illinois State Police. The Illinois State Police shall update any criminal history transcript or offender registration of each person 18 years of age or older in the order to include the change of name as well as his or her former name. (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24; 103-609, eff. 7-1-24.) |
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102) Sec. 21-102. Petition; update criminal history transcript. (a) The petition shall be a statewide standardized form approved by the Illinois Supreme Court and shall set forth the name then held, the name sought to be assumed, the residence of the petitioner, the length of time the petitioner has resided in this State, and the state or country of the petitioner's nativity or supposed nativity. The petition shall include a statement, verified under oath as provided under Section 1-109 of this Code, whether or not the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition if granted: (1) has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted; or (2) has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. The petition shall be signed by the person petitioning or, in case of minors, by the parent or guardian having the legal custody of the minor. (b) If the statement provided under subsection (a) of this Section indicates the petitioner or any other person 18 years of age or older who will be subject to a change of name under the petition, if granted, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense, the State's Attorney may request the court to or the court may on its own motion, require the person, prior to a hearing on the petition, to initiate an update of his or her criminal history transcript with the Illinois State Police. The Illinois State Police shall allow a person to use the Access and Review process, established by rule in the Illinois State Police, for this purpose. Upon completion of the update of the criminal history transcript, the petitioner shall file confirmation of each update with the court, which shall seal the records from disclosure outside of court proceedings on the petition. (c) Any petition filed under subsection (a) shall include the following: "WARNING: If you are required to register under the Sex Offender Registration Act, the Murderer and Violent Offender Against Youth Registration Act, or the Arsonist Registry Act in this State or a similar law in any other state and have not been pardoned, you will be committing a felony under those respective Acts by seeking a change of name during the registration period UNLESS your request for legal name change is due to marriage, religious beliefs, status as a victim of trafficking or gender related identity as defined by the Illinois Human Rights Act.". (Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24; 103-609, eff. 7-1-24.) |
(735 ILCS 5/21-102.5) Sec. 21-102.5. Notice; objection. (a) The circuit court clerk shall promptly serve a copy of the petition on the State's Attorney and the Illinois State Police if the statement provided under subsection (a) of Section 21-102 indicates that the petitioner, or any other person 18 years of age or older who will be subject to a change of name under the petition, has been adjudicated or convicted of a felony or misdemeanor offense under the laws of this State or any other state for which a pardon has not been granted, or has an arrest for which a charge has not been filed or a pending charge on a felony or misdemeanor offense. (b) The State's Attorney may file an objection to the petition. All objections shall be in writing, shall be filed with the circuit court clerk, shall be served upon the petitioner, and shall state with specificity the basis of the objection. Objections to a petition must be filed within 30 days of the date of service of the petition upon the State's Attorney if the petitioner: (1) is the defendant in a pending criminal offense | ||
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(2) has been convicted of identity theft, aggravated | ||
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(Source: P.A. 102-538, eff. 8-20-21; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(735 ILCS 5/21-103) Sec. 21-103. Notice by publication. (a) Previous notice shall be given of the intended application by publishing a notice thereof in some newspaper published in the municipality in which the person resides if the municipality is in a county with a population under 2,000,000, or if the person does not reside in a municipality in a county with a population under 2,000,000, or if no newspaper is published in the municipality or if the person resides in a county with a population of 2,000,000 or more, then in some newspaper published in the county where the person resides, or if no newspaper is published in that county, then in some convenient newspaper published in this State. The notice shall be inserted for 3 consecutive weeks after filing, the first insertion to be at least 6 weeks before the return day upon which the petition is to be heard, and shall be signed by the petitioner or, in case of a minor, the minor's parent or guardian, and shall set forth the return day of court on which the petition is to be heard and the name sought to be assumed. (b) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a minor if, before making judgment under this Article, reasonable notice and opportunity to be heard is given to any parent whose parental rights have not been previously terminated and to any person who has physical custody of the child. If any of these persons are outside this State, notice and opportunity to be heard shall be given under Section 21-104. (b-3) The publication requirement of subsection (a) shall not be required in any application for a change of name involving a person who has received a judgment of dissolution of marriage or declaration of invalidity of marriage and wishes to change his or her name to resume the use of his or her former or maiden name. (b-5) The court may issue an order directing that the notice and publication requirement be waived for a change of name involving a person who files with the court a statement, verified under oath as provided under Section 1-109 of this Code, that the person believes that publishing notice of the name change would be a hardship, including, but not limited to, a negative impact on the person's health or safety. (b-6) In a case where waiver of the notice and publication requirement is sought, the petition for waiver is presumed granted and heard at the same hearing as the petition for name change. The court retains discretion to determine whether a hardship is shown and may order the petitioner to publish thereafter. (c) The Director of the Illinois State Police or his or her designee may apply to the circuit court for an order directing that the notice and publication requirements of this Section be waived if the Director or his or her designee certifies that the name change being sought is intended to protect a witness during and following a criminal investigation or proceeding. (c-1) The court may also enter a written order waiving the publication requirement of subsection (a) if: (i) the petitioner is 18 years of age or older; and (ii) concurrent with the petition, the petitioner | ||
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The petitioner may attach to the statement any supporting documents, including relevant court orders. (c-2) If the petitioner files a statement attesting that disclosure of the petitioner's address would put the petitioner or any member of the petitioner's family or household at risk or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from all documents filed with the court, and the petitioner may designate an alternative address for service. (c-3) Court administrators may allow domestic abuse advocates, rape crisis advocates, and victim advocates to assist petitioners in the preparation of name changes under subsection (c-1). (c-4) If the publication requirements of subsection (a) have been waived, the circuit court shall enter an order impounding the case. (d) The maximum rate charged for publication of a notice under this Section may not exceed the lowest classified rate paid by commercial users for comparable space in the newspaper in which the notice appears and shall include all cash discounts, multiple insertion discounts, and similar benefits extended to the newspaper's regular customers. (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1133, eff. 1-1-24; 103-605, eff. 7-1-24.) |
(735 ILCS 5/21-103.5) Sec. 21-103.5. Change of name involving a minor. In any application for a change of name involving a minor, before a judgment under this Article may be entered, actual notice and an opportunity to be heard shall be given to any parent whose parental rights have not been previously terminated and to any person who has been allocated parental responsibilities under Section 602.5 or 602.7 of the Illinois Marriage and Dissolution of Marriage Act. If any of these persons is outside this State, notice and an opportunity to be heard shall be given under Section 21-104.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. 100-565 for the effective date of P.A. 100-520).) |
(735 ILCS 5/21-104) (from Ch. 110, par. 21-104)
Sec. 21-104.
Process and notice to persons outside this State.
(a) Process in change of name proceedings shall be governed by this Code.
(b) Notice in all change of name proceedings required for the exercise
of jurisdiction over a person outside this State shall be given in a manner
best calculated to give actual notice and shall be given in one of the
following manners:
(1) By personal delivery outside this State in the | ||
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(2) In the manner prescribed by the law of the place | ||
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(3) By any form of mail addressed to the person to be | ||
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(4) As directed by the court if other means of | ||
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(c) Notice under this Section shall be served, mailed, or delivered at
least 10 days before any hearing in this State.
(d) Proof of service outside this State may be made by affidavit of the
individual who made the service or in the manner prescribed by the law of
this State, the order pursuant to which the service is made, or the law of
the place in which the service is made. If service is made by mail, proof
may be a receipt signed by the addressee or other evidence of delivery to
the addressee.
(Source: P.A. 87-409.)
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(735 ILCS 5/21-105) Sec. 21-105. Invalidity of common law name changes. Common law name changes adopted in this State on or after July 1, 2010 are invalid. All name changes shall be made pursuant to marriage or other legal proceedings.
(Source: P.A. 96-1231, eff. 7-23-10.) |
(735 ILCS 5/21-106) Sec. 21-106. Judicial order; findings of fact. (a) Legislative intent. Residents of this State who were born in another state or in another country may have difficulty in securing a birth certificate with the correct information. It is the intent of the General Assembly that Illinois should have a legal process available for these residents to seek a judicial order making findings of fact so that they may petition the issuing jurisdiction to change a birth certificate. (b) An Illinois resident may file a petition in the resident's county of residence asking for a court to issue a finding of fact or facts to correct or update a birth certificate issued by another state or country. (c) The petition must contain the following information: (1) the petitioner's name and current address; (2) the change that is sought; and (3) the reason for the change. (d) The court must schedule a hearing for this request.
(Source: P.A. 103-610, eff. 7-1-24.) |
(735 ILCS 5/Art. XXII heading) ARTICLE XXII.
FRIVOLOUS LAWSUITS FILED BY PRISONERS
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(735 ILCS 5/22-105)
Sec. 22-105. Frivolous lawsuits filed by prisoners.
(a) If a prisoner confined in an Illinois Department of Corrections facility
files a pleading, motion, or other filing which purports to be a legal document
in a case seeking post-conviction
relief under Article 122 of the Code of Criminal Procedure of 1963,
pursuant to Section 116-3 of the Code of Criminal Procedure of 1963,
in a habeas
corpus action under Article X of this Code, in a claim under the Court of
Claims Act, or a second or subsequent petition for relief from judgment under Section 2-1401 of this Code or in another action against the State, the Illinois Department of
Corrections, or the
Prisoner Review Board, or against any of their officers or employees and the
Court makes a specific finding that the pleading, motion, or other filing which
purports to be a legal document filed
by the prisoner is frivolous, the prisoner is responsible for the full payment
of filing fees and actual court costs.
On filing the action or proceeding the court shall assess and, when funds
exist, collect as a partial payment of any court costs required by law a first
time payment of 50% of the average monthly balance of the prisoner's trust fund
account for the past 6 months. Thereafter 50% of all deposits into the
prisoner's
individual account under Sections 3-4-3 and 3-12-5 of the Unified Code of
Corrections administered by the Illinois Department of Corrections shall
be withheld until the actual court costs are collected in full. The Department
of Corrections shall forward any moneys withheld to the court of
jurisdiction. If a prisoner is released before the full
costs are collected, the Department of Corrections shall forward the amount of
costs collected through the date of release. The court of jurisdiction is
responsible for sending the Department of Corrections a copy of the order
mandating the amount of court fees to be paid. Nothing in this Section
prohibits an applicant from filing an action or proceeding if the applicant is
unable to pay the court costs.
(b) In this Section, "frivolous" means that a pleading, motion, or other
filing which
purports to be a legal document filed by a prisoner in his or her lawsuit meets
any or all of the following criteria:
(1) it lacks an arguable basis either in law or in | ||
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(2) it is being presented for any improper purpose, | ||
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(3) the claims, defenses, and other legal contentions | ||
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(4) the allegations and other factual contentions do | ||
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(5) the denials of factual contentions are not | ||
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(Source: P.A. 95-424, eff. 1-1-08.)
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