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Public Act 094-0293 |
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AN ACT concerning civil procedure.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections
2-1402, 12-705, 12-901, 12-904, 12-906, | ||||
12-909, 12-910, 12-911, 12-912, and 12-1001 as
follows:
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(735 ILCS 5/2-1402)
(from Ch. 110, par. 2-1402)
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Sec. 2-1402. Supplementary proceedings.
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(a) A judgment creditor, or his or her successor in | ||||
interest when that
interest is made to appear of record, is | ||||
entitled to prosecute supplementary
proceedings 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 supplementary proceeding shall
be commenced by | ||||
the service of a citation issued by the clerk. The procedure
| ||||
for conducting supplementary proceedings shall be prescribed | ||||
by rules. It is
not a prerequisite to the commencement of a | ||||
supplementary proceeding that a
certified copy of the judgment | ||||
has been returned wholly or partly unsatisfied.
All citations | ||||
issued by the clerk shall have the following language, or
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language substantially similar thereto, stated prominently on | ||||
the front, in
capital letters: "YOUR FAILURE TO APPEAR IN COURT | ||||
AS HEREIN DIRECTED MAY CAUSE
YOU TO 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."
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The court shall not grant a continuance of the supplementary | ||||
proceeding except
upon good cause shown.
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(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:
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"CITATION NOTICE
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(Name and address of Court)
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Name of Case: (Name of Judgment Creditor),
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Judgment Creditor v.
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(Name of Judgment Debtor),
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Judgment Debtor.
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Address of Judgment Debtor: (Insert last known
| ||
address)
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Name and address of Attorney for Judgment
| ||
Creditor or of Judgment Creditor (If no
| ||
attorney is listed): (Insert name and address)
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Amount of Judgment: $ (Insert amount)
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Name of Person Receiving Citation: (Insert name)
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Court Date and Time: (Insert return date and time
| ||
specified in citation)
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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 | ||
personal property
owned by the debtor include the debtor's | ||
equity interest, not to exceed
$4,000
$2,000
in value, in | ||
any personal property as chosen by the debtor; Social | ||
Security and
SSI benefits; public assistance benefits; | ||
unemployment compensation benefits;
worker's compensation | ||
benefits; veteran's benefits; circuit breaker property
tax | ||
relief benefits; the debtor's equity interest, not to | ||
exceed $2,400
$1,200 in
value, in any one motor vehicle, | ||
and the debtor's equity interest, not to
exceed $1,500
$750
| ||
in value, in any implements, professional books, or
tools | ||
of the
trade of the debtor.
| ||
(2) Under Illinois law, every person is entitled to an | ||
estate in
homestead, when it is owned and occupied as a | ||
residence, to the extent in value
of $15,000
$7,500 , which | ||
homestead is exempt from
judgment.
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(3) Under Illinois law, the amount of wages that may be | ||
applied toward a
judgment is limited to the lesser of (i) | ||
15% of gross weekly wages or (ii) the
amount by which | ||
disposable earnings for a week exceed the total of 45 times | ||
the
federal minimum hourly wage.
| ||
(4) Under federal law, the amount of wages that may be | ||
applied toward a
judgment is limited to the lesser of (i) | ||
25% of disposable earnings for a week
or (ii) the amount by |
which disposable earnings for a week exceed 30 times the
| ||
federal minimum hourly wage.
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(5) Pension and retirement benefits and refunds may be | ||
claimed as exempt
under Illinois law.
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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."
| ||
(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 | ||
applied in
satisfaction of the judgment, in whole or in | ||
part, money, choses in
action, property or effects in his | ||
or her possession or control, so discovered,
capable of | ||
delivery and to which his or her title or right of | ||
possession is not
substantially disputed.
| ||
(2) Compel the judgment debtor to pay to the judgment | ||
creditor or
apply on the judgment, in installments, a | ||
portion of his or her income, however
or whenever earned or | ||
acquired, as the court may deem proper, having due
regard | ||
for the reasonable requirements of the judgment debtor and | ||
his or her
family, if dependent upon him or her, as well as | ||
any payments required to be
made by prior order of court or | ||
under wage assignments outstanding; provided
that the | ||
judgment debtor shall not be compelled to pay income which |
would be
considered exempt as wages under the Wage | ||
Deduction Statute. The court may
modify an order for | ||
installment payments, from time to time, upon application
| ||
of either party upon notice to the other.
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(3) Compel any person cited, other than the judgment | ||
debtor, to
deliver up any assets so discovered, to be | ||
applied in satisfaction of
the judgment, in whole or in | ||
part, when those assets are held under such
circumstances | ||
that in an action by the judgment debtor he or she could | ||
recover
them in specie or obtain a judgment for the | ||
proceeds or value thereof as
for conversion or | ||
embezzlement.
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(4) Enter any order upon or judgment against the person | ||
cited that
could be entered in any garnishment proceeding.
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(5) Compel any person cited to execute an assignment of | ||
any chose in
action or a conveyance of title to real or | ||
personal property, in the
same manner and to the same | ||
extent as a court could do in any proceeding
by a judgment | ||
creditor to enforce payment of a judgment or in aid of
the | ||
enforcement of a judgment.
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(6) Authorize the judgment creditor to maintain an | ||
action against
any person or corporation that, it appears | ||
upon proof satisfactory to
the court, is indebted to the | ||
judgment debtor, for the recovery of the
debt, forbid the | ||
transfer or other disposition of the debt until an
action | ||
can be commenced and prosecuted to judgment, direct that | ||
the
papers or proof in the possession or control of the | ||
debtor and necessary
in the prosecution of the action be | ||
delivered to the creditor or
impounded in court, and | ||
provide for the disposition of any moneys in
excess of the | ||
sum required to pay the judgment creditor's judgment and
| ||
costs allowed by the court.
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(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).
| ||
(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.
| ||
(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.
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(2) The court may enjoin any person, whether or not a | ||
party to the
supplementary 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.
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(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.
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(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.
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(i) This Section is in addition to and does not affect
| ||
enforcement of judgments or proceedings supplementary thereto, | ||
by any other
methods now or hereafter provided by law.
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(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).
| ||
(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 judgment | ||
debtor, upon all
personal property belonging to the | ||
judgment debtor in the possession or control
of the | ||
judgment debtor or which may thereafter be acquired or come | ||
due to the
judgment debtor to the time of the disposition | ||
of the citation.
| ||
(2) When the citation is directed against a third | ||
party, upon all personal
property belonging to the judgment | ||
debtor in the possession or control of the
third party or | ||
which thereafter may be acquired or come due the judgment | ||
debtor
and comes into the possession or control of the | ||
third party to the time of the
disposition of the citation.
| ||
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.
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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.
| ||
(Source: P.A. 88-48; 88-299; 88-667, eff. 9-16-94; 88-670, eff. | ||
12-2-94;
89-364, eff. 1-1-96.)
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(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| ||
Sec. 12-705. Summons.
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(a) Summons shall be returnable not less than 21 nor more | ||
than 30 days after
the date of issuance. Summons with 4 copies | ||
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,
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the name of the court and the number of the case and one copy of | ||
a garnishment
notice in substantially the following form:
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"GARNISHMENT NOTICE
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(Name and address of Court)
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Name of Case: (Name of Judgment Creditor),
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Judgment Creditor v.
| ||
(Name of Judgement Debtor),
| ||
Judgment Debtor.
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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
$2,000 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
| ||
$1,200 in value, in any one motor vehicle, and the debtor's | ||
equity
interest, not to exceed $1,500
$750 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 | ||
creditor or his or her
attorney shall pay to the clerk of | ||
the court a fee of $2, plus the cost of
mailing, and | ||
furnish to the clerk an original and 2 copies of a summons, | ||
an
original and one copy of the interrogatories, an | ||
affidavit setting forth the
garnishee's mailing address, | ||
an original and 2 copies of the garnishment
notice required | ||
by subsection (a) of this Section, and a copy of the | ||
judgment
or certification described in subsection (a) of | ||
this Section. The original
judgment shall be retained by | ||
the clerk.
| ||
(2) The clerk shall mail to the garnishee, at the | ||
address appearing in the
affidavit, the copy of the | ||
judgment or certification described in subsection
(a) of | ||
this Section, the summons, the interrogatories, and the | ||
garnishment
notice required by subsection (a) of this | ||
Section, by certified or registered
mail, return receipt | ||
requested, showing to whom delivered and the date and
| ||
address of delivery. This Mailing shall be mailed on a | ||
"restricted delivery"
basis when service is directed to a | ||
natural person. The envelope and return
receipt shall bear | ||
the return address of the clerk, and the return receipt
| ||
shall be stamped with the docket number of the case. The | ||
receipt for certified
or registered mail shall state the | ||
name and address of the addressee, the date
of the mailing, | ||
shall identify the documents mailed, and shall be attached | ||
to
the original summons.
| ||
(3) The return receipt must be attached to the original | ||
summons and, if it
shows delivery at least 10 days before | ||
the day for the return date, shall
constitute proof of | ||
service of any documents identified on the return receipt
| ||
as having been mailed.
| ||
(4) The clerk shall note the fact of service in a |
permanent record.
| ||
(Source: P.A. 87-1252; 88-492 .)
| ||
(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
$7,500 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
$15,000 based upon | ||
percentage of
ownership.
| ||
(Source: P.A. 88-672, eff. 12-14-94.)
| ||
(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
$7,500 , 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
$7,500 be exempt, and be applied upon
such
| ||
homestead exemption in the manner provided by law.
| ||
(Source: P.A. 82-783.)
| ||
(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
$7,500 , 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. 82-783.)
| ||
(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
$7,500 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. 82-783.)
| ||
(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
$7,500 , 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
$7,500 , 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. 83-707.)
| ||
(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
$7,500 , 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
$7,500 on the amount due on the judgment within 60 days
|
thereafter, such
premises will be sold.
| ||
(Source: P.A. 83-356.)
| ||
(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
$7,500 , and apply the | ||
balance on the judgment.
| ||
(Source: P.A. 82-783.)
| ||
(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 | ||
books, and family
pictures of the debtor and the debtor's | ||
dependents;
| ||
(b) The debtor's equity interest, not to exceed $4,000
| ||
$2,000 in
value, in any
other property;
| ||
(c) The debtor's interest, not to exceed $2,400
$1,200
| ||
in value,
in any one motor
vehicle;
| ||
(d) The debtor's equity interest, not to exceed $1,500
| ||
$750 in
value,
in any
implements, professional books, or | ||
tools of the trade of the debtor;
| ||
(e) Professionally prescribed health aids for the | ||
debtor or a dependent of
the debtor;
| ||
(f) All proceeds payable because of the death of the | ||
insured and the
aggregate net cash value of any or all life | ||
insurance and endowment
policies and annuity contracts | ||
payable to a wife or husband of the insured,
or to a child, | ||
parent, or other person dependent upon the insured, whether
| ||
the power to change the beneficiary is reserved to the | ||
insured or not and
whether the insured or the insured's | ||
estate is a contingent beneficiary or not;
|
(g) The debtor's right to receive:
| ||
(1) a social security benefit, unemployment | ||
compensation, or public
assistance benefit;
| ||
(2) a veteran's benefit;
| ||
(3) a disability, illness, or unemployment | ||
benefit; and
| ||
(4) alimony, support, or separate maintenance, to | ||
the extent reasonably
necessary for the support of the | ||
debtor and any dependent of the debtor.
| ||
(h) The debtor's right to receive, or property that is | ||
traceable to:
| ||
(1) an award under a crime victim's reparation law;
| ||
(2) a payment on account of the wrongful death of | ||
an individual of whom
the debtor was a dependent, to | ||
the extent reasonably necessary for the support
of the | ||
debtor;
| ||
(3) a payment under a life insurance contract that | ||
insured the life of
an individual of whom the debtor | ||
was a dependent, to the extent reasonably
necessary for | ||
the support of the debtor or a dependent of the debtor;
| ||
(4) a payment, not to exceed $15,000
$7,500 in | ||
value, on account
of personal
bodily injury of the | ||
debtor or an individual of whom the debtor was a
| ||
dependent; and
| ||
(5) any restitution payments made to persons | ||
pursuant to the federal
Civil Liberties Act of 1988 and | ||
the Aleutian and Pribilof Island
Restitution Act, P.L. | ||
100-383.
| ||
For purposes of this subsection (h), a debtor's right | ||
to receive an award
or payment shall be exempt for a | ||
maximum of 2 years after the debtor's right
to receive the | ||
award or payment accrues; property traceable to an
award or | ||
payment shall be exempt for a maximum of 5 years after the | ||
award
or payment accrues; and an award or payment and | ||
property traceable
to an award or payment shall be exempt | ||
only to the extent of the amount
of the award or payment, |
without interest or appreciation from the date
of the award | ||
or payment.
| ||
(i) The debtor's right to receive an award under Part | ||
20 of Article II of
this Code relating to crime victims' | ||
awards.
| ||
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. 88-378; 89-686, eff. 12-31-96.)
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