State of Illinois
92^nd General Assembly
Legislation

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92_HB0789eng

 
HB0789 Engrossed                               LRB9207161WHtm

 1        AN ACT concerning civil procedure.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Code  of  Civil Procedure is amended by
 5    changing Sections 12-910 and 12-911 as follows:

 6        (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
 7        Sec. 12-910. Proceedings to enforce judgment.  If in  the
 8    opinion  of  the  judgment  creditors,  their  successors  or
 9    assigns,  or  the  officer  holding  a  certified  copy  of a
10    judgment  for  enforcement  against  such  individuals,   the
11    premises  claimed by him or her as exempt are worth more than
12    $7,500, the judgment creditor or the successor or assignee of
13    the judgment creditor shall  first  deliver  to  the  officer
14    holding  a certified copy of the judgment a written appraisal
15    of the premises prepared by a State  certified  general  real
16    estate appraiser or a State certified residential real estate
17    appraiser,  and  if  in  the  opinion  of  the  person, firm,
18    corporation, or other entity conducting the  appraisal,  such
19    officer  shall  summon  3  individuals, as commissioners, who
20    shall, upon oath, to be administered to them by the  officer,
21    appraise the premises, and if, in their opinion, the property
22    may be divided without damage to the interest of the parties,
23    the  State  certified  general real estate appraiser or State
24    certified residential real estate appraiser  they  shall  set
25    off so much of the premises, including the dwelling house, as
26    in the State certified general real estate appraiser's or the
27    State  certified  residential  real  estate appraiser's their
28    opinion is worth $7,500, and the residue of the premises  may
29    be  advertised  and  sold by the such officer, subject to any
30    existing encumbrances. Each commissioner  shall  receive  for
31    his  or  her  services  the  sum  of  $5 per day for each day
 
HB0789 Engrossed            -2-                LRB9207161WHtm
 1    necessarily engaged in such service.  The  officer  summoning
 2    such  commissioners shall receive such fees as may be allowed
 3    for serving summons, but shall be entitled to charge  mileage
 4    for only the actual distance traveled from the premises to be
 5    appraised,  to  the  residence of the commissioners summoned.
 6    The officer shall not be  required  to  summon  commissioners
 7    until  the  judgment  creditor,  or  some one for him or her,
 8    shall  advance  to  the  officer  one  day's  fees  for   the
 9    commissioners,  and  unless  the  creditor shall advance such
10    fees the  officer  shall  not  be  required  to  enforce  the
11    judgment.   The costs of such appraisement shall not be taxed
12    against the judgment  debtor  unless  the  such  appraisement
13    shows  that  the  judgment debtor has property subject to the
14    such judgment.
15    (Source: P.A. 83-707.)

16        (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
17        Sec. 12-911. Notice to  judgment  debtor.   In  case  the
18    value   of   the   premises   is,   in  the  opinion  of  the
19    commissioners, more than $7,500, and cannot be divided as  is
20    provided  for  in  Section  12-910  of  this  Act,  the State
21    certified general real estate appraiser  or  State  certified
22    residential real estate appraiser they shall make and sign an
23    appraisal  of  the value thereof, which shall be delivered to
24    the officer.  The officer shall then mail by certified  mail,
25    or  cause  to  be  mailed  by certified mail, a notice to the
26    judgment debtor stating that unless the judgment is satisfied
27    the property will be sold.   The  notice  shall  contain  the
28    scheduled  date  of sale which shall not be less than 60 days
29    from the date of the notice. and  deliver  the  same  to  the
30    officer,  who  shall  deliver  a copy thereof to the judgment
31    debtor, or to some one of the family of the age of  13  years
32    or  upwards,  with  a notice thereto attached that unless the
33    judgment debtor pays to such officer  the  surplus  over  and
 
HB0789 Engrossed            -3-                LRB9207161WHtm
 1    above $7,500 on the amount due on the judgment within 60 days
 2    thereafter, such premises will be sold.
 3    (Source: P.A. 83-356.)

 4        Section 99.  This Act takes effect upon becoming law.

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