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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB0789ham001
LRB9207161WHcsam01
1 AMENDMENT TO HOUSE BILL 789
2 AMENDMENT NO. . Amend House Bill 789 by replacing
3 everything after the enacting clause with the following:
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,
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1 the State certified general real estate appraiser or State
2 certified residential real estate appraiser they shall set
3 off so much of the premises, including the dwelling house, as
4 in the State certified general real estate appraiser's or the
5 State certified residential real estate appraiser's their
6 opinion is worth $7,500, and the residue of the premises may
7 be advertised and sold by the such officer, subject to any
8 existing encumbrances. Each commissioner shall receive for
9 his or her services the sum of $5 per day for each day
10 necessarily engaged in such service. The officer summoning
11 such commissioners shall receive such fees as may be allowed
12 for serving summons, but shall be entitled to charge mileage
13 for only the actual distance traveled from the premises to be
14 appraised, to the residence of the commissioners summoned.
15 The officer shall not be required to summon commissioners
16 until the judgment creditor, or some one for him or her,
17 shall advance to the officer one day's fees for the
18 commissioners, and unless the creditor shall advance such
19 fees the officer shall not be required to enforce the
20 judgment. The costs of such appraisement shall not be taxed
21 against the judgment debtor unless the such appraisement
22 shows that the judgment debtor has property subject to the
23 such judgment.
24 (Source: P.A. 83-707.)
25 (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
26 Sec. 12-911. Notice to judgment debtor. In case the
27 value of the premises is, in the opinion of the
28 commissioners, more than $7,500, and cannot be divided as is
29 provided for in Section 12-910 of this Act, the State
30 certified general real estate appraiser or State certified
31 residential real estate appraiser they shall make and sign an
32 appraisal of the value thereof, which shall be delivered to
33 the officer. The officer shall then mail by certified mail,
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1 or cause to be mailed by certified mail, a notice to the
2 judgment debtor stating that unless the judgment is satisfied
3 the property will be sold. The notice shall contain the
4 scheduled date of sale which shall not be less than 60 days
5 from the date of the notice. and deliver the same to the
6 officer, who shall deliver a copy thereof to the judgment
7 debtor, or to some one of the family of the age of 13 years
8 or upwards, with a notice thereto attached that unless the
9 judgment debtor pays to such officer the surplus over and
10 above $7,500 on the amount due on the judgment within 60 days
11 thereafter, such premises will be sold.
12 (Source: P.A. 83-356.)
13 Section 99. This Act takes effect upon becoming law.".