State of Illinois
92nd General Assembly
Legislation

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92_SB1234ham006











                                           LRB9202848WHmbam01

 1                    AMENDMENT TO SENATE BILL 1234

 2        AMENDMENT NO.     .  Amend Senate Bill 1234, AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5. The Code of Civil  Procedure  is  amended  by
 6    changing  Sections  2-1402,  12-901,  12-904, 12-906, 12-909,
 7    12-910, 12-911, and 12-912 as follows:

 8        (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
 9        Sec. 2-1402. Supplementary proceedings.
10        (a)  A judgment creditor, or  his  or  her  successor  in
11    interest  when  that interest is made to appear of record, is
12    entitled  to  prosecute  supplementary  proceedings  for  the
13    purposes of examining the judgment debtor or any other person
14    to discover assets or income of the debtor  not  exempt  from
15    the  enforcement  of  the  judgment,  a  deduction  order  or
16    garnishment,  and of compelling the application of non-exempt
17    assets or income discovered toward the payment of the  amount
18    due  under the judgment.  A supplementary proceeding shall be
19    commenced by the service of a citation issued by  the  clerk.
20    The  procedure for conducting supplementary proceedings shall
21    be prescribed by rules.  It is  not  a  prerequisite  to  the
22    commencement  of  a supplementary proceeding that a certified
 
                            -2-            LRB9202848WHmbam01
 1    copy of the judgment  has  been  returned  wholly  or  partly
 2    unsatisfied. All citations issued by the clerk shall have the
 3    following   language,   or   language  substantially  similar
 4    thereto, stated prominently on the front, in capital letters:
 5    "YOUR FAILURE TO APPEAR IN COURT AS HEREIN DIRECTED MAY CAUSE
 6    YOU TO BE ARRESTED AND BROUGHT BEFORE THE COURT TO ANSWER  TO
 7    A  CHARGE  OF  CONTEMPT  OF COURT, WHICH MAY BE PUNISHABLE BY
 8    IMPRISONMENT IN THE COUNTY JAIL." The court shall not grant a
 9    continuance of the supplementary proceeding except upon  good
10    cause shown.
11        (b)  Any  citation  served  upon a judgment debtor or any
12    other person shall include a certification  by  the  attorney
13    for  the  judgment  creditor or the judgment creditor setting
14    forth the amount of the judgment, the date of  the  judgment,
15    or its revival date, the balance due thereon, the name of the
16    court, and the number of the case, and a copy of the citation
17    notice  required  by this subsection.  Whenever a citation is
18    served upon a person or party other than the judgment debtor,
19    the officer or person serving the citation shall send to  the
20    judgment  debtor,  within  three business days of the service
21    upon the cited party, a copy of the citation and the citation
22    notice, which may be sent by regular first-class mail to  the
23    judgment  debtor's  last  known address.  In no event shall a
24    citation hearing be held sooner than five business days after
25    the mailing of  the  citation  and  citation  notice  to  the
26    judgment  debtor,  except  by  agreement of the parties.  The
27    citation  notice  need  not  be  mailed  to  a   corporation,
28    partnership, or association.  The citation notice shall be in
29    substantially the following form:
30                          "CITATION NOTICE
31             (Name and address of Court)
32             Name of Case: (Name of Judgment Creditor),
33                  Judgment Creditor v.
34                  (Name of Judgment Debtor),
 
                            -3-            LRB9202848WHmbam01
 1                  Judgment Debtor.
 2             Address of Judgment Debtor: (Insert last known
 3                  address)
 4             Name and address of Attorney for Judgment
 5                  Creditor or of Judgment Creditor (If no
 6                  attorney is listed): (Insert name and address)
 7             Amount of Judgment: $ (Insert amount)
 8             Name of Person Receiving Citation: (Insert name)
 9             Court Date and Time: (Insert return date and time
10                  specified in citation)
11        NOTICE:  The  court  has  issued  a  citation against the
12    person named above.  The  citation  directs  that  person  to
13    appear  in  court  to be examined for the purpose of allowing
14    the judgment creditor to discover income and assets belonging
15    to the judgment debtor or in which the judgment debtor has an
16    interest.  The citation was issued on the basis of a judgment
17    against the judgment debtor in favor of the judgment creditor
18    in the amount stated above.   On  or  after  the  court  date
19    stated  above,  the  court  may compel the application of any
20    discovered income or assets toward payment on the judgment.
21        The amount of income or assets that may be applied toward
22    the judgment is limited by federal  and  Illinois  law.   The
23    JUDGMENT  DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
24    AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
25    MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT  STATED
26    ABOVE:
27             (1)  Under  Illinois  or federal law, the exemptions
28        of personal property owned  by  the  debtor  include  the
29        debtor's  equity interest, not to exceed $2,000 in value,
30        in any personal property as chosen by the debtor;  Social
31        Security  and  SSI  benefits; public assistance benefits;
32        unemployment compensation benefits; worker's compensation
33        benefits; veteran's benefits;  circuit  breaker  property
34        tax relief benefits; the debtor's equity interest, not to
 
                            -4-            LRB9202848WHmbam01
 1        exceed $1,200 in value, in any one motor vehicle, and the
 2        debtor's equity interest, not to exceed $750 in value, in
 3        any implements, professional books, or tools of the trade
 4        of the debtor.
 5             (2)  Under Illinois law, every person is entitled to
 6        an  estate in homestead, when it is owned and occupied as
 7        a residence, to the extent in value of $15,000 (except as
 8        otherwise provided in subsection (b) of Section 12-901 of
 9        the Code of Civil Procedure) $7,500, which  homestead  is
10        exempt from judgment.
11             (3)  Under  Illinois  law,  the amount of wages that
12        may be applied toward a judgment is limited to the lesser
13        of (i) 15% of gross weekly wages or (ii)  the  amount  by
14        which  disposable earnings for a week exceed the total of
15        45 times the federal minimum hourly wage.
16             (4)  Under federal law, the amount of wages that may
17        be applied toward a judgment is limited to the lesser  of
18        (i)  25%  of  disposable  earnings for a week or (ii) the
19        amount by which disposable earnings for a week exceed  30
20        times the federal minimum hourly wage.
21             (5)  Pension and retirement benefits and refunds may
22        be claimed as exempt under Illinois law.
23        The  judgment  debtor  may have other possible exemptions
24    under the law.
25        THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
26    TO DECLARE EXEMPT CERTAIN  INCOME  OR  ASSETS  OR  BOTH.  The
27    judgment  debtor  also has the right to seek a declaration at
28    an earlier date, by notifying the clerk in writing at (insert
29    address of clerk).  When so notified, the Clerk of the  Court
30    will  obtain  a  prompt  hearing date from the court and will
31    provide the necessary forms that  must  be  prepared  by  the
32    judgment  debtor  or the attorney for the judgment debtor and
33    sent to the judgment creditor  and  the  judgment  creditor's
34    attorney  regarding  the  time  and  location of the hearing.
 
                            -5-            LRB9202848WHmbam01
 1    This notice may be sent by regular first class mail."
 2        (c)  When assets or income of  the  judgment  debtor  not
 3    exempt from the satisfaction of a judgment, a deduction order
 4    or  garnishment are discovered, the court may, by appropriate
 5    order or judgment:
 6             (1)  Compel the judgment debtor to deliver up, to be
 7        applied in satisfaction of the judgment, in whole  or  in
 8        part, money, choses in action, property or effects in his
 9        or  her  possession or control, so discovered, capable of
10        delivery and to which  his  or  her  title  or  right  of
11        possession is not substantially disputed.
12             (2)  Compel  the  judgment  debtor  to  pay  to  the
13        judgment   creditor   or   apply   on  the  judgment,  in
14        installments, a portion of his or her income, however  or
15        whenever  earned  or  acquired,  as  the  court  may deem
16        proper, having due regard for the reasonable requirements
17        of  the  judgment  debtor  and  his  or  her  family,  if
18        dependent upon him  or  her,  as  well  as  any  payments
19        required to be made by prior order of court or under wage
20        assignments   outstanding;  provided  that  the  judgment
21        debtor shall not be compelled to pay income  which  would
22        be  considered  exempt  as wages under the Wage Deduction
23        Statute. The court may modify an  order  for  installment
24        payments,  from  time to time, upon application of either
25        party upon notice to the other.
26             (3)  Compel  any  person  cited,  other   than   the
27        judgment  debtor, to deliver up any assets so discovered,
28        to be applied in satisfaction of the judgment,  in  whole
29        or  in  part,  when  those  assets  are  held  under such
30        circumstances that in an action by the judgment debtor he
31        or she could recover them in specie or obtain a  judgment
32        for  the  proceeds  or value thereof as for conversion or
33        embezzlement.
34             (4)  Enter any order upon or  judgment  against  the
 
                            -6-            LRB9202848WHmbam01
 1        person  cited  that  could  be entered in any garnishment
 2        proceeding.
 3             (5)  Compel  any  person   cited   to   execute   an
 4        assignment  of  any  chose  in  action or a conveyance of
 5        title to real or personal property, in  the  same  manner
 6        and  to  the  same  extent  as  a  court  could do in any
 7        proceeding by a judgment creditor to enforce payment of a
 8        judgment or in aid of the enforcement of a judgment.
 9             (6)  Authorize the judgment creditor to maintain  an
10        action against any person or corporation that, it appears
11        upon  proof satisfactory to the court, is indebted to the
12        judgment debtor, for the recovery of the debt, forbid the
13        transfer or other disposition of the debt until an action
14        can be commenced and prosecuted to judgment, direct  that
15        the  papers  or proof in the possession or control of the
16        debtor and necessary in the prosecution of the action  be
17        delivered  to  the  creditor  or  impounded in court, and
18        provide for the disposition of any moneys  in  excess  of
19        the  sum required to pay the judgment creditor's judgment
20        and costs allowed by the court.
21        (d)  No  order  or  judgment  shall  be   entered   under
22    subsection (c) in favor of the judgment creditor unless there
23    appears  of  record a certification of mailing showing that a
24    copy of the citation and a copy of the  citation  notice  was
25    mailed to the judgment debtor as required by subsection (b).
26        (e)  All  property  ordered  to  be  delivered  up shall,
27    except as otherwise provided in this Section, be delivered to
28    the sheriff to be collected by the sheriff or sold at  public
29    sale  and the proceeds thereof applied towards the payment of
30    costs and the satisfaction of the judgment.
31        (f)  (1)  The citation may prohibit the party to whom  it
32        is directed from making or allowing any transfer or other
33        disposition  of,  or  interfering  with, any property not
34        exempt from the enforcement of a  judgment  therefrom,  a
 
                            -7-            LRB9202848WHmbam01
 1        deduction order or garnishment, belonging to the judgment
 2        debtor or to which he or she may be entitled or which may
 3        thereafter  be  acquired  by or become due to him or her,
 4        and from paying over or otherwise disposing of any moneys
 5        not so exempt which are due  or  to  become  due  to  the
 6        judgment  debtor, until the further order of the court or
 7        the  termination  of  the  proceeding,  whichever  occurs
 8        first.  The third party may not be  obliged  to  withhold
 9        the payment of any moneys beyond double the amount of the
10        balance  due  sought  to  be  enforced  by  the  judgment
11        creditor.   The  court  may punish any party who violates
12        the restraining provision of a  citation  as  and  for  a
13        contempt,  or  if  the  party  is a third party may enter
14        judgment against him or her in the amount of  the  unpaid
15        portion  of  the  judgment and costs allowable under this
16        Section, or in the amount of the value  of  the  property
17        transferred, whichever is lesser.
18             (2)  The court may enjoin any person, whether or not
19        a  party  to the supplementary proceeding, from making or
20        allowing  any  transfer  or  other  disposition  of,   or
21        interference  with,  the  property of the judgment debtor
22        not  exempt  from  the  enforcement  of  a  judgment,   a
23        deduction  order  or garnishment, or the property or debt
24        not so exempt concerning which any person is required  to
25        attend  and  be  examined  until further direction in the
26        premises.  The injunction order shall  remain  in  effect
27        until  vacated  by  the  court or until the proceeding is
28        terminated, whichever first occurs.
29        (g)  If it appears that any property,  chose  in  action,
30    credit  or  effect  discovered,  or  any interest therein, is
31    claimed by any person, the court  shall,  as  in  garnishment
32    proceedings,  permit  or  require  the claimant to appear and
33    maintain his or her right.  The rights of  the  person  cited
34    and  the rights of any adverse claimant shall be asserted and
 
                            -8-            LRB9202848WHmbam01
 1    determined  pursuant  to  the  law  relating  to  garnishment
 2    proceedings.
 3        (h)  Costs in  proceedings  authorized  by  this  Section
 4    shall be allowed, assessed and paid in accordance with rules,
 5    provided  that  if  the  court determines, in its discretion,
 6    that costs incurred by the judgment creditor were  improperly
 7    incurred, those costs shall be paid by the judgment creditor.
 8        (i)  This  Section  is in addition to and does not affect
 9    enforcement  of  judgments   or   proceedings   supplementary
10    thereto,  by  any  other methods now or hereafter provided by
11    law.
12        (j)  This Section does not grant the power to  any  court
13    to  order  installment  or other payments from, or compel the
14    sale, delivery, surrender, assignment or  conveyance  of  any
15    property exempt by statute from the enforcement of a judgment
16    thereon,   a   deduction   order,   garnishment,  attachment,
17    sequestration, process or other levy or seizure.
18        (k)  (Blank).
19        (l)  At any citation hearing at which the judgment debtor
20    appears and seeks a declaration that certain of  his  or  her
21    income  or  assets  are  exempt,  the  court shall proceed to
22    determine whether the  property  which  the  judgment  debtor
23    declares  to  be exempt is exempt from judgment.  At any time
24    before  the  return  date  specified  on  the  citation,  the
25    judgment debtor may request, in writing, a hearing to declare
26    exempt certain income and assets by notifying  the  clerk  of
27    the court before that time, using forms as may be provided by
28    the clerk of the court.  The clerk of the court will obtain a
29    prompt  hearing  date  from  the  court  and will provide the
30    necessary forms that must be prepared by the judgment  debtor
31    or  the  attorney  for  the  judgment  debtor and sent to the
32    judgment  creditor,  or  the  judgment  creditor's  attorney,
33    regarding the time and location of the hearing.  This  notice
34    may be sent by regular first class mail.  At the hearing, the
 
                            -9-            LRB9202848WHmbam01
 1    court shall immediately, unless for good cause shown that the
 2    hearing  is  to  be  continued,  shall  proceed  to determine
 3    whether the property which the judgment debtor declares to be
 4    exempt is exempt from judgment.  The  restraining  provisions
 5    of  subsection (f) shall not apply to any property determined
 6    by the court to be exempt.
 7        (m)   The judgment or balance due on the judgment becomes
 8    a  lien  when  a  citation  is  served  in  accordance   with
 9    subsection  (a)  of  this  Section.  The lien binds nonexempt
10    personal property, including money,  choses  in  action,  and
11    effects of the judgment debtor as follows:
12             (1)  When  the  citation  is  directed  against  the
13        judgment  debtor, upon all personal property belonging to
14        the judgment debtor in the possession or control  of  the
15        judgment  debtor  or  which may thereafter be acquired or
16        come due to the  judgment  debtor  to  the  time  of  the
17        disposition of the citation.
18             (2)  When  the  citation is directed against a third
19        party,  upon  all  personal  property  belonging  to  the
20        judgment debtor in the possession or control of the third
21        party or which thereafter may be acquired or come due the
22        judgment debtor and comes into the possession or  control
23        of  the third party to the time of the disposition of the
24        citation.
25        The lien established under this Section does  not  affect
26    the  rights  of citation respondents in property prior to the
27    service of the citation upon them and  does  not  affect  the
28    rights  of  bona fide purchasers or lenders without notice of
29    the citation. The lien is effective for the period  specified
30    by Supreme Court Rule.
31        This  subsection  (m), as added by Public Act 88-48, is a
32    declaration of existing law.
33        (n)  If any provision of this Act or its  application  to
34    any person or circumstance is held invalid, the invalidity of
 
                            -10-           LRB9202848WHmbam01
 1    that  provision or application does not affect the provisions
 2    or applications of the Act that can be given  effect  without
 3    the invalid provision or application.
 4    (Source:  P.A.  88-48;  88-299; 88-667, eff. 9-16-94; 88-670,
 5    eff. 12-2-94; 89-364, eff. 1-1-96.)

 6        (735 ILCS 5/12-901) (from Ch. 110, par. 12-901)
 7        Sec. 12-901.  Amount.
 8        (a)  Except as  otherwise  provided  in  subsection  (b),
 9    every individual is entitled to an estate of homestead to the
10    extent in value of $15,000 $7,500 of his or her interest in a
11    farm  or lot of land and buildings thereon, a condominium, or
12    personal property, owned or rightly  possessed  by  lease  or
13    otherwise  and occupied by him or her as a residence, or in a
14    cooperative that owns property that the individual uses as  a
15    residence.  That homestead and all right in and title to that
16    homestead  is  exempt  from  attachment,  judgment,  levy, or
17    judgment sale for the payment of his or her  debts  or  other
18    purposes  and  from  the  laws  of  conveyance,  descent, and
19    legacy, except as provided in this Code or in Section 20-6 of
20    the Probate Act of 1975. This subsection (a) Section  is  not
21    applicable  between joint tenants or tenants in common but it
22    is applicable as to any creditors of those persons. If  2  or
23    more  individuals own property that is exempt as a homestead,
24    the value of the exemption of each individual may not  exceed
25    his  or her proportionate share of $30,000 $15,000 based upon
26    percentage of ownership.
27        (b)  With regard solely to a lien arising under Section 9
28    of the Condominium Property Act, every individual is entitled
29    to an estate  of homestead  to  the extent in value of $7,500
30    of his or her interest in a condominium that  the  individual
31    uses as a residence.  That homestead and  all  right  in  and
32    title  to  that  homestead   is   exempt   from   attachment,
33    judgment,  levy,  or  judgment  sale  for  the payment of his
 
                            -11-           LRB9202848WHmbam01
 1    or  her  debts  or  other  purposes  and  from  the  laws  of
 2    conveyance, descent, and legacy, except as provided  in  this
 3    Code  or in Section 20-6 of the  Probate  Act  of  1975. This
 4    subsection  (b) is  not  applicable  between   joint  tenants
 5    or tenants in common but it is applicable as to any creditors
 6    of  those persons. If 2 or more individuals own property that
 7    is exempt as a homestead, the value of the exemption of  each
 8    individual  may not exceed his or  her proportionate share of
 9    $15,000 based upon percentage of ownership.
10    (Source: P.A. 88-672, eff. 12-14-94.)

11        (735 ILCS 5/12-904) (from Ch. 110, par. 12-904)
12        Sec. 12-904. Release, waiver or conveyance.  No  release,
13    waiver  or  conveyance  of  the  estate  so exempted shall be
14    valid,  unless  the  same  is  in  writing,  signed  by   the
15    individual  and  his or her spouse, if he or she have one, or
16    possession is abandoned or given pursuant to the  conveyance;
17    or  if  the  exception  is  continued  to a child or children
18    without the order of a court directing a release thereof; but
19    if a conveyance is made by an individual as grantor to his or
20    her spouse, such conveyance shall be effectual  to  pass  the
21    title  expressed  therein  to be conveyed thereby, whether or
22    not the grantor in such conveyance is joined therein  by  his
23    or  her  spouse.  A  waiver under this Section must be in the
24    form of a written Declaration of  Waiver.   In  addition,  no
25    release  or  waiver of the estate so exempted is valid unless
26    the  release  or  waiver  is  granted  to  (i)  a   financial
27    institution  as  defined  in  Section  1402  of  the Illinois
28    Insurance Code, or (ii)  a  licensee  under  the  Residential
29    Mortgage  License  Act  of  1987,  or  (iii) an individual or
30    individuals in connection with a privately financed  mortgage
31    or  a  contract  for  deed.  In  any case where such release,
32    waiver or conveyance is taken by way of mortgage or security,
33    the same shall only be operative as to such specific release,
 
                            -12-           LRB9202848WHmbam01
 1    waiver or conveyance; and when the  same  includes  different
 2    pieces  of  land,  or  the homestead is of greater value than
 3    $15,000 (or  $7,500  if  subsection  (b)  of  Section  12-901
 4    applies)  $7,500,  the other lands shall first be sold before
 5    resorting to the homestead, and in case of the sale  of  such
 6    homestead,  if  any  balance remains after the payment of the
 7    debt and costs, such balance shall, to the extent of  $15,000
 8    (or  $7,500  if  subsection  (b)  of  Section 12-901 applies)
 9    $7,500  be  exempt,  and  be  applied  upon  such   homestead
10    exemption in the manner provided by law.
11    (Source: P.A. 82-783.)

12        (735 ILCS 5/12-906) (from Ch. 110, par. 12-906)
13        Sec.  12-906.   Proceeds  of  sale.   When a homestead is
14    conveyed by the owner  thereof,  such  conveyance  shall  not
15    subject  the  premises to any lien or incumbrance to which it
16    would not be subject in the possession of such owner; and the
17    proceeds thereof, to the extent of the amount of $15,000  (or
18    $7,500  if  subsection (b) of Section 12-901 applies) $7,500,
19    shall be exempt from judgment or other process, for one  year
20    after  the  receipt  thereof,  by  the person entitled to the
21    exemption, and if reinvested in a homestead the same shall be
22    entitled to the same exemption as the original homestead.
23    (Source: P.A. 82-783.)

24        (735 ILCS 5/12-909) (from Ch. 110, par. 12-909)
25        Sec. 12-909.  Bid for less than exempted amount.  No sale
26    shall be made of the  premises  on  such  judgment  unless  a
27    greater  sum  than  $15,000  (or  $7,500 if subsection (b) of
28    Section 12-901 applies) $7,500 is bid therefor. If a  greater
29    sum is not so bid, the judgment may be set aside or modified,
30    or  the  enforcement of the judgment released, as for lack of
31    property.
32    (Source: P.A. 82-783.)
 
                            -13-           LRB9202848WHmbam01
 1        (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
 2        Sec. 12-910. Proceedings to enforce judgment.  If in  the
 3    opinion  of  the  judgment  creditors,  their  successors  or
 4    assigns,  or  the  officer  holding  a  certified  copy  of a
 5    judgment  for  enforcement  against  such  individuals,   the
 6    premises  claimed by him or her as exempt are worth more than
 7    $15,000 (or  $7,500  if  subsection  (b)  of  Section  12-901
 8    applies)  $7,500,  the  judgment creditor or the successor or
 9    assignee of the judgment creditor shall first deliver to  the
10    officer  holding  a  certified copy of the judgment a written
11    appraisal of the  premises  prepared  by  a  State  certified
12    general   real   estate   appraiser   or  a  State  certified
13    residential real estate appraiser, and if in the  opinion  of
14    the person, firm, corporation, or other entity conducting the
15    appraisal,  such  officer  shall  summon  3  individuals,  as
16    commissioners,  who  shall,  upon oath, to be administered to
17    them by the officer, appraise the premises, and if, in  their
18    opinion,  the  property  may be divided without damage to the
19    interest of the parties, the  State  certified  general  real
20    estate  appraiser  or State certified residential real estate
21    appraiser they  shall  set  off  so  much  of  the  premises,
22    including  the  dwelling  house,  as  in  the State certified
23    general  real  estate  appraiser's  or  the  State  certified
24    residential real estate appraiser's their  opinion  is  worth
25    $15,000  (or  $7,500  if  subsection  (b)  of  Section 12-901
26    applies) $7,500, and the  residue  of  the  premises  may  be
27    advertised  and  sold  by  the  such  officer, subject to any
28    existing encumbrances. Each commissioner  shall  receive  for
29    his  or  her  services  the  sum  of  $5 per day for each day
30    necessarily engaged in such service.  The  officer  summoning
31    such  commissioners shall receive such fees as may be allowed
32    for serving summons, but shall be entitled to charge  mileage
33    for only the actual distance traveled from the premises to be
34    appraised,  to  the  residence of the commissioners summoned.
 
                            -14-           LRB9202848WHmbam01
 1    The officer shall not be  required  to  summon  commissioners
 2    until  the  judgment  creditor,  or  some one for him or her,
 3    shall  advance  to  the  officer  one  day's  fees  for   the
 4    commissioners,  and  unless  the  creditor shall advance such
 5    fees the  officer  shall  not  be  required  to  enforce  the
 6    judgment.   The costs of such appraisement shall not be taxed
 7    against the judgment  debtor  unless  the  such  appraisement
 8    shows  that  the  judgment debtor has property subject to the
 9    such judgment.
10    (Source: P.A. 83-707.)

11        (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
12        Sec. 12-911. Notice to  judgment  debtor.   In  case  the
13    value  of  the  premises  is,  in  the  opinion  of the State
14    certified general real estate appraiser  or  State  certified
15    residential  real  estate  appraiser commissioners, more than
16    $15,000 (or  $7,500  if  subsection  (b)  of  Section  12-901
17    applies)  $7,500, and cannot be divided as is provided for in
18    Section 12-910 of this Act, the State certified general  real
19    estate  appraiser  or State certified residential real estate
20    appraiser they shall make and sign an appraisal of the  value
21    thereof,  which  shall  be  delivered  to  the  officer.  The
22    officer shall then mail by certified mail,  or  cause  to  be
23    mailed  by  certified  mail,  a notice to the judgment debtor
24    stating that unless the judgment is  satisfied  the  property
25    will be sold.  The notice shall contain the scheduled date of
26    sale  which  shall  not be less than 60 days from the date of
27    the notice. and deliver the same to the  officer,  who  shall
28    deliver a copy thereof to the judgment debtor, or to some one
29    of  the  family  of  the  age  of 13 years or upwards, with a
30    notice thereto attached that unless the judgment debtor  pays
31    to  such  officer  the  surplus  over and above $7,500 on the
32    amount due on the judgment within 60  days  thereafter,  such
33    premises will be sold.
 
                            -15-           LRB9202848WHmbam01
 1    (Source: P.A. 83-356.)

 2        (735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
 3        Sec. 12-912. Sale of premises - Distribution of proceeds.
 4    In case of such surplus, or the amount due on the judgment is
 5    not  paid  within  the 60 days, the officer may advertise and
 6    sell the premises, and out of the proceeds of such  sale  pay
 7    to  such  judgment  debtor  the  sum of $15,000 (or $7,500 if
 8    subsection (b) of Section 12-901 applies) $7,500,  and  apply
 9    the balance on the judgment.
10    (Source: P.A. 82-783.)

11        Section  99.   Effective  date.  This Act takes effect on
12    January 1, 2002.".

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