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Public Act 098-0557
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| SB1044 Enrolled | LRB098 05335 HEP 35369 b |
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AN ACT concerning civil law.
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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, 2-1602, 12-101, and 12-705 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
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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
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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: "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."
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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,
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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
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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
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address)
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Name and address of Attorney for Judgment
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Creditor or of Judgment Creditor (If no
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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
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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.
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The amount of income or assets that may be applied toward |
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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
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ABOVE:
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(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
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 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.
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(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, 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 or, under a wage deduction |
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summons served on or after January 1, 2006, the Illinois |
minimum hourly wage, whichever is greater.
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(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
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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.
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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
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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."
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(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 |
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(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:
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INCOME AND ASSET FORM |
To Judgment Debtor: Please complete this form and bring |
it with you to the hearing referenced in the enclosed |
citation notice. You should also bring to the hearing any |
documents you have to support the information you provide |
in this form, such as pay stubs and account statements. The |
information you provide will help the court determine |
whether you have any property or income that can be used to |
satisfy the judgment entered against you in this matter. |
The information you provide must be accurate to the best of |
your knowledge. |
If you fail to appear at this hearing, you could be |
held in contempt of court and possibly arrested. |
In answer to the citation and supplemental proceedings |
served upon the judgment debtor, he or she answers as |
follows:
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Name:..................... |
Home Phone Number:................. |
Home Address:.................... |
Date of Birth:...................... |
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Marital Status:..................... |
I have.........dependents. |
Do you have a job? YES NO |
Company's name I work for:...................... |
Company's address:..............................
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Job: |
I earn $....... per....... |
If self employed, list here your business name and |
address: |
............................................. |
Income from self employment is $......... per |
year. |
I have the following benefits with my employer: |
............................................. |
I do not have a job, but I support myself through: |
Government Assistance $........ per month |
Unemployment $........ per month |
Social Security $........ per month |
SSI $........ per month |
Pension $........ per month |
Other $........ per month |
Real Estate: |
Do you own any real estate? YES NO |
I own real estate at.........., with names of other |
owners |
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................................................. |
Additional real estate I own:.................... |
I have a beneficial interest in a land trust. The name |
and address of the trustee is:............. The beneficial |
interest is listed in my name and........................ |
There is a mortgage on my real estate. State the |
mortgage company's name and address for each parcel of real |
estate owned: |
................................................. |
An assignment of beneficial interest in the land trust |
was signed to secure a loan from......................... |
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....................... |
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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:
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(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.
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(2) Compel the judgment debtor to pay to the judgment |
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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
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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. A judgment creditor may recover a corporate |
judgment debtor's property on behalf of the judgment debtor |
for use of the judgment creditor by filing an appropriate |
petition within the citation proceedings.
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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 |
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any chose in
action or a conveyance of title to real or |
personal property or resign memberships in exchanges, |
clubs, or other entities 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
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costs allowed by the court.
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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 |
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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).
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(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.
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(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
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deduction order or garnishment, belonging to the judgment |
debtor or to which he
or she may be entitled or which may |
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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, |
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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
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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.
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(k) (Blank).
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(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 |
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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.
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(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 |
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determine whether the property which the judgment debtor
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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
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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.
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(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:
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(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 |
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judgment debtor or which may thereafter be acquired or come |
due to the
judgment debtor to the time of the disposition |
of the citation.
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(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.
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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.
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This subsection (m), as added by Public Act 88-48, is a |
declaration of
existing law.
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(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.
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(o) The changes to this Section made by this amendatory Act |
of the 97th General Assembly apply only to supplementary |
proceedings commenced under this Section on or after the |
effective date of this amendatory Act of the 97th General |
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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. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12.)
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(735 ILCS 5/2-1602)
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Sec. 2-1602. Revival of judgment.
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(a) 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. The provisions |
of this amendatory Act of the 96th General Assembly are |
declarative of existing law.
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(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.
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(c) Service of notice of the petition to revive a judgment |
shall
be made in accordance with Supreme Court Rule 106.
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(d) An order reviving a judgment shall be for the original |
amount
of the judgment. The plaintiff may recover interest and |
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court costs from
the date of the original judgment. Credits to |
the judgment shall be
reflected by the plaintiff in |
supplemental proceedings or execution.
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(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.
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(f) A judgment may be revived as to fewer than all judgment
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debtors, and such order for revival of judgment shall be final,
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appealable, and enforceable.
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(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.
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(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. 96-305, eff. 8-11-09; 97-350, eff. 1-1-12.)
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(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
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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.
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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.
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The second class consists of all real property not |
registered under "An
Act concerning land titles".
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As to real estate in class one, a judgment is a lien on the
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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.
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As to real estate included within class two, a judgment is |
a lien on the real
estate of the person against whom it is
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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.
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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
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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 |
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payments, but shall not be enforceable in any county of this
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State until a transcript, certified copy, or memorandum of the
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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
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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:
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(a) A Notice of Filing and an affidavit stating that |
all installments of
child support required to be paid |
pursuant to the order under which the
lien or liens were |
imposed have been paid shall be filed with the office of
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recorder in each county in which each such lien appears of |
record, together
with proof of service of such notice and |
affidavit upon the recipient of
such payments.
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(b) Service of such affidavit shall be by any means |
authorized under
Sections 2-203 and 2-208 of the Code of |
Civil Procedure or under Supreme
Court Rules 11 or 105(b).
|
(c) The Notice of Filing shall set forth the name and |
address of the
judgment debtor and the judgment creditor, |
the court file number of the
order giving rise to the |
|
judgment and, in capital letters, the following
statement:
|
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE |
ATTACHED
AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER |
OF .... COUNTY, ILLINOIS,
WHOSE ADDRESS IS ........, |
ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
THIS NOTICE, |
YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF |
THE
STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, |
SUCH JUDGMENT LIEN WILL
BE DEEMED TO BE RELEASED AND NO |
LONGER SUBJECT TO FORECLOSURE. THIS
RELEASE OF LIEN WILL |
NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
|
(d) If no affidavit objecting to the release of the |
lien or liens is
filed within 28 days of the Notice |
described in paragraph (c) of this
Section such lien or |
liens shall be deemed to be released and no longer
subject |
to foreclosure.
|
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 12-601 through 12-672 12-618
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 certified copy of the verified
petition for |
registration of the foreign judgment attached showing the |
filing in a court of this State or (2) a transcript,
certified |
copy or memorandum of a the final judgment of the court of this
|
State entered on an action to enforce a that 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
BE |
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE |
OFFICE THE LIEN WAS FILED.
|
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.)
|
(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 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,
|
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 Judgement 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 |
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.
|
(d) The garnishment summons may be served and returned in |
the manner provided by Supreme Court Rule for service, |