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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/7-306
(625 ILCS 5/7-306) (from Ch. 95 1/2, par. 7-306)
Sec. 7-306.
Action in respect to an unlicensed driver.
Whenever any person who is not a resident of this State has been
convicted of an offense which would require the revocation of the driver's
license of a resident, such nonresident shall not operate
any motor vehicle in this State nor shall any motor vehicle owned by such
nonresident be operated within this State by any person, and the
Secretary of State shall not issue to such nonresident
any driver's license and shall not register any motor vehicle
owned by such nonresident unless and until such nonresident shall
give proof of financial responsibility.
(Source: P.A. 83-831.)
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625 ILCS 5/7-307
(625 ILCS 5/7-307) (from Ch. 95 1/2, par. 7-307)
Sec. 7-307. Courts to report nonpayments of judgment. The clerk of a court, or the judge of a court which has no clerk, or the judgment creditor or his or her attorney of record
shall forward to the Secretary of State, on a form prescribed by the
Secretary, a certified record of any judgment for damages, the rendering
and nonpayment of which judgment required the suspension of the driver's
license and registrations in the name of the judgment debtor hereunder,
such record to be forwarded to the Secretary of State upon request by the
plaintiff after the expiration of 30 days after such judgment has become
final and when such judgment has not been stayed or satisfied within the
amounts specified in this Article as shown by the records of the Court.
(Source: P.A. 98-1028, eff. 8-22-14.)
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625 ILCS 5/7-308
(625 ILCS 5/7-308) (from Ch. 95 1/2, par. 7-308)
Sec. 7-308.
Action in respect to nonresident for
nonpayment of judgment. (a) If a
person, whose failure to satisfy a judgment within
30 days after the same became final would
require a suspension or revocation hereunder in respect to a resident,
shall not be a resident of
this State, such nonresident shall not operate any
motor vehicle in this State, nor shall any motor vehicle owned by such
nonresident be operated in this State by any
person and the Secretary of State shall not issue to such nonresident
a driver's license and shall not register
any motor vehicle owned by such nonresident unless
and until such nonresident shall give proof of financial
responsibility and shall satisfy any such judgment as required with
respect to a resident of this State.
(b) The Secretary of State shall forward to the Motor Vehicle
Commissioner or state officer performing the functions of a Commissioner in
the state, foreign country, or province of the Dominion of Canada in which
a judgment debtor resides, a certified record of any unsatisfied judgment
rendered against such nonresident which requires suspension
of such nonresident's driving privileges in this State.
(Source: P.A. 83-831.)
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625 ILCS 5/7-309
(625 ILCS 5/7-309) (from Ch. 95 1/2, par. 7-309)
Sec. 7-309. Suspension to continue until judgments paid and proof given.
(a) The suspension of such driver's license, license plates
and registration stickers shall remain in effect and no other vehicle shall
be registered in the name of such judgment debtor, nor any new license issued
to such person (including any such person not previously licensed), unless
and until the Secretary of State receives authenticated documentation that
such judgment is satisfied, or dormant as provided for in Section 12-108 of
the Code of Civil Procedure, as now or hereafter amended, or stayed by
court order, and the judgment debtor gives proof of financial
responsibility, as hereinafter provided. The Secretary of State may
terminate the suspension of such person's driver's license,
license plates
and registration stickers and no proof of financial responsibility shall be
required on any existing suspensions under this Article which are more than 20
years old.
(b) Whenever, after one judgment is satisfied and proof of financial
responsibility is given as herein required, another such judgment is
rendered against the judgment debtor for any motor vehicle crash
occurring prior to the date of the giving of said proof and such person
fails to satisfy the latter judgment within the amounts specified herein
within 30 days after the same becomes final, then the Secretary of State
shall again suspend the driver's license of such judgment debtor and shall
again suspend the registration of any vehicle registered in the name of
such judgment debtor as owner. Such driver's license and registration
shall not be renewed nor shall a driver's license and registration of any
vehicle be issued to such judgment debtor while such latter judgment
remains in effect and unsatisfied within the amount specified herein.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-310
(625 ILCS 5/7-310) (from Ch. 95 1/2, par. 7-310)
Sec. 7-310. Petition for discharge filed in bankruptcy. A
petition for discharge filed in bankruptcy following the rendering of any judgment shall
relieve the judgment debtor from the requirements of this Chapter 7, except that the judgment debtor's drivers license shall remain suspended and may not be renewed, and the judgment debtor may not be issued a license or registration, until the judgment debtor gives proof of his or her financial responsibility in the future, as provided in Section 1-164.5. The proof is to be maintained by the judgment debtor, in a manner satisfactory to the Secretary of State, for a period of 3 years after the date on which the proof is first filed.
A petition for discharge filed in bankruptcy of the owner
or lessee of a commercial vehicle by whom the judgment debtor is employed
at the time of the motor vehicle crash that gives rise to the
judgment
also shall relieve the judgment debtor so employed from any of the
requirements of this Chapter 7 if the discharge of the owner or lessee
follows the rendering of the judgment and if the judgment debtor
so employed
was operating the commercial vehicle in connection with his or her
regular employment or occupation at the time of the crash.
This amendatory
act of 1985 applies to all cases irrespective of whether the crash
giving rise to the suspension of license or registration occurred before,
on, or after its effective date.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-311
(625 ILCS 5/7-311) (from Ch. 95 1/2, par. 7-311)
Sec. 7-311. Payments sufficient to satisfy requirements. (a) Judgments herein referred to arising out of motor vehicle crashes
occurring on or after January 1, 2015 (the effective date of Public Act 98-519) shall for the purpose of this
Chapter be deemed satisfied:
1. when $25,000 has been credited upon any judgment | | or judgments rendered in excess of that amount for bodily injury to or the death of one person as the result of any one motor vehicle crash; or
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2. when, subject to said limit of $25,000 as to any
| | one person, the sum of $50,000 has been credited upon any judgment or judgments rendered in excess of that amount for bodily injury to or the death of more than one person as the result of any one motor vehicle crash; or
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3. when $20,000 has been credited upon any judgment
| | or judgments, rendered in excess of that amount for damages to property of others as a result of any one motor vehicle crash.
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The changes to this subsection made by Public Act 98-519 apply only to policies issued or renewed on or after January 1, 2015.
(b) Credit for such amounts shall be deemed a satisfaction of any such
judgment or judgments in excess of said amounts only for the purposes of
this Chapter.
(c) Whenever payment has been made in settlement of any claim for bodily
injury, death, or property damage arising from a motor vehicle crash
resulting in injury, death, or property damage to two or more persons in
such crash, any such payment shall be credited in reduction of the
amounts provided for in this Section.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-312
(625 ILCS 5/7-312) (from Ch. 95 1/2, par. 7-312)
Sec. 7-312.
Installment payment.
(a) A judgment debtor upon 5 days notice
to the judgment creditor may apply to the
trial court in which the judgment was entered for the privilege of paying
such judgment in installments and the court in its discretion and without
prejudice to any other judicial remedies which the judgment creditor may
have may so order, fixing the amounts and times of payment of the installments.
(b) The Secretary of State shall not suspend the driver's
license, registration or nonresident's operating privilege, and any suspended
driver's license or registration following nonpayment of a final judgment
shall be restored when the judgment debtor gives proof of financial responsibility
and when the judgment debtor obtains an order from the trial court permitting
the payment of such judgment in installments and while the payment of any
such installment is not in default.
(Source: P.A. 83-1362.)
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625 ILCS 5/7-313
(625 ILCS 5/7-313) (from Ch. 95 1/2, par. 7-313)
Sec. 7-313.
Suspension required upon breach of agreement.
In the event
the judgment debtor fails to pay any installments as permitted by the order
of the court upon notice of such default, the Secretary of State,
upon receipt of a court order, shall
forthwith suspend the driver's license, registration certificate, license
plates, registration stickers or nonresident's operating privilege of the
judgment debtor until said judgment is satisfied as provided in Section 7-311
or a second installment payment plan is accepted as provided in Section
7-312.
(Source: P.A. 90-774, eff. 8-14-98.)
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625 ILCS 5/7-314
(625 ILCS 5/7-314) (from Ch. 95 1/2, par. 7-314)
Sec. 7-314.
Alternate methods of giving proof.
Proof of financial responsibility
when required under this Article may be given by filing with the Secretary of State:
1. A certificate of insurance as provided in Section 7-315 or Section
7-316;.
2. A bond as provided in Section 7-320; or
3. A deposit of securities as provided in Section 7-323.
(Source: P.A. 83-831.)
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625 ILCS 5/7-315 (625 ILCS 5/7-315) (from Ch. 95 1/2, par. 7-315) Sec. 7-315. Certificate of insurance proof. (a) Proof of financial responsibility may be made by filing with the Secretary of State the electronic certificate of any insurance carrier duly authorized to do business in this State, certifying that it has issued to or for the benefit of the person furnishing such proof and named as the insured in a motor vehicle liability policy, a motor vehicle liability policy or policies or in certain events an operator's policy meeting the requirements of this Code and that said policy or policies are then in full force and effect. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State. (b) Such certificate or certificates shall give the dates of issuance and expiration of such policy or policies and certify that the same shall not be canceled unless 15 days' prior electronic notice thereof be given to the Secretary of State and shall explicitly describe all motor vehicles covered thereby unless the policy or policies are issued to a person who is not the owner of a motor vehicle. (c) The Secretary of State shall not accept any certificate or certificates unless the same shall cover all motor vehicles then registered in this State in the name of the person furnishing such proof as owner and an additional certificate or certificates shall be required as a condition precedent to the subsequent registration of any motor vehicle or motor vehicles in the name of the person giving such proof as owner. (Source: P.A. 103-179, eff. 6-30-23; 103-605, eff. 7-1-24.) |
625 ILCS 5/7-316
(625 ILCS 5/7-316) (from Ch. 95 1/2, par. 7-316)
Sec. 7-316. Certificate furnished by nonresident
as proof. Any nonresident owner of a motor vehicle
not registered in this State may give proof of financial responsibility
by filing with the Secretary of State a certificate or certificates of an
insurance carrier authorized to transact business in the state or province
of the Dominion of Canada in
which the motor vehicle or motor vehicles described in such certificate
are registered, or if such nonresident does
not own a motor vehicle then in the state or province of the Dominion of
Canada in which the insured resides, and otherwise conforming to the provisions
of this Code, and the Secretary of State shall accept the same
if such carrier shall:
1. Execute a power of attorney authorizing the | | Secretary of State to accept service on its behalf of notice of process in any action arising out of a motor vehicle crash in this State;
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2. Duly adopt a resolution which shall be binding
| | upon it declaring that its policies shall be deemed to be varied to comply with the laws of this State relating to the terms of motor vehicle liability policies as required by Section 7-317; and
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3. Agree to accept as final and binding any final
| | judgment duly rendered in any action arising out of a motor vehicle crash in any court of competent jurisdiction in this State.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-316.1 (625 ILCS 5/7-316.1)
Sec. 7-316.1. Nonresidents and former residents; when proof not required. (a) Any nonresident or former Illinois resident who (i) has met all requirements for reinstatement of his or her driving or registration privileges under this Chapter except for filing proof of financial responsibility, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b) Any nonresident or former Illinois resident whose driver's license was revoked and who (i) has met all requirements for applying for driving privileges except for filing proof of financial responsibility under this Chapter, (ii) resides outside of Illinois, and (iii) has applied for a driver's license in another state, shall be released from the requirement of showing proof of financial responsibility in this State if he or she presents to the Secretary of State, in a manner satisfactory to the Secretary, notice of his or her out-of-state residency. (b-5) Any nonresident or former Illinois resident who has submitted satisfactory documentation to the Secretary of State to be released of showing proof of financial responsibility in this State shall have his or her Illinois license cancelled 60 days after acceptance of notice of cancellation, as provided in Section 6-201 of this Code. (c) If a nonresident or former Illinois resident released from the requirement of showing proof of financial responsibility in this State under subsection (a) or subsection (b) of this Section moves or returns to this State within 3 years of the date of release, that person must present to the Secretary of State, in a manner satisfactory to the Secretary, proof of insurance coverage during the period in which the person lived outside of Illinois. A person who fails to present the required proof may not be issued a driver's license until he or she presents proof of financial responsibility that is satisfactory under this Chapter. The proof of financial responsibility required under this subsection (c) must be shown or maintained for the period of time required under this Chapter. (d) The Secretary shall adopt rules for implementing this Section.
(Source: P.A. 98-178, eff. 1-1-14.) |
625 ILCS 5/7-317
(625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
Sec. 7-317. "Motor vehicle liability policy" defined. (a)
Certification. -A "motor vehicle liability policy", as that term is
used in this Act, means an "owner's policy" or an "operator's policy" of
liability insurance, certified as provided in Section 7-315 or Section
7-316 as proof of financial responsibility for the future, and issued,
except as otherwise provided in Section 7-316, by an insurance carrier
duly authorized to transact business in this State, to or for the
benefit of the person named therein as insured.
(b) Owner's Policy. --Such owner's policy of liability insurance:
1. Shall designate by explicit description or by | | appropriate reference, all motor vehicles with respect to which coverage is thereby intended to be granted;
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2. Shall insure the person named therein and any
| | other person using or responsible for the use of such motor vehicle or vehicles with the express or implied permission of the insured;
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3. Shall insure every named insured and any other
| | person using or responsible for the use of any motor vehicle owned by the named insured and used by such other person with the express or implied permission of the named insured on account of the maintenance, use or operation of any motor vehicle owned by the named insured, within the continental limits of the United States or the Dominion of Canada against loss from liability imposed by law arising from such maintenance, use or operation, to the extent and aggregate amount, exclusive of interest and cost, with respect to each motor vehicle, of $25,000 for bodily injury to or death of one person as a result of any one crash and, subject to such limit as to one person, the amount of $50,000 for bodily injury to or death of all persons as a result of any one crash and the amount of $20,000 for damage to property of others as a result of any one crash. The changes to this paragraph made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
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(c) Operator's Policy. --When an operator's policy is required, it
shall insure the person named therein as insured against the liability
imposed by law upon the insured for bodily injury to or death of any
person or damage to property to the amounts and limits above set forth
and growing out of the use or operation by the insured within the
continental limits of the United States or the Dominion of Canada of any
motor vehicle not owned by him.
(d) Required Statements in Policies. --Every motor vehicle liability
policy must specify the name and address of the insured, the coverage
afforded by the policy, the premium charged therefor, the policy period,
and the limits of liability, and shall contain an agreement that the
insurance thereunder is provided in accordance with the coverage defined
in this Act, as respects bodily injury and death or property damage or
both, and is subject to all the provisions of this Act.
(e) Policy Need Not Insure Workers' Compensation. --Any liability
policy or policies issued hereunder need not cover any liability of the
insured assumed by or imposed upon the insured under any workers'
compensation law nor any liability for damage to property in charge of
the insured or the insured's employees.
(f) Provisions Incorporated in Policy. --Every motor vehicle
liability policy is subject to the following provisions which need not
be contained therein:
1. The liability of the insurance carrier under any
| | such policy shall become absolute whenever loss or damage covered by the policy occurs and the satisfaction by the insured of a final judgment for such loss or damage shall not be a condition precedent to the right or obligation of the carrier to make payment on account of such loss or damage.
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2. No such policy may be cancelled or annulled as
| | respects any loss or damage, by any agreement between the carrier and the insured after the insured has become responsible for such loss or damage, and any such cancellation or annulment shall be void.
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3. The insurance carrier shall, however, have the
| | right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in the policy.
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4. The policy, the written application therefor, if
| | any, and any rider or endorsement which shall not conflict with the provisions of this Act shall constitute the entire contract between the parties.
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(g) Excess or Additional Coverage. --Any motor vehicle liability
policy may, however, grant any lawful coverage in excess of or in
addition to the coverage herein specified or contain any agreements,
provisions, or stipulations not in conflict with the provisions of this
Act and not otherwise contrary to law.
(h) Reimbursement Provision Permitted. --The policy may provide that
the insured, or any other person covered by the policy shall reimburse
the insurance carrier for payment made on account of any loss or damage
claim or suit involving a breach of the terms, provisions or conditions
of the policy; and further, if the policy shall provide for limits in
excess of the limits specified in this Act, the insurance carrier may
plead against any plaintiff, with respect to the amount of such excess
limits of liability, any defense which it may be entitled to plead
against the insured.
(i) Proration of Insurance Permitted. --The policy may provide for
the pro-rating of the insurance thereunder with other applicable valid
and collectible insurance.
(j) Binders. --Any binder pending the issuance of any policy, which
binder contains or by reference includes the provisions hereunder shall
be sufficient proof of ability to respond in damages.
(k) Copy of Policy to Be Filed with Department of
Insurance--Approval. --A copy of the form of every motor vehicle
liability policy which is to be used to meet the requirements of this
Act must be filed, by the company offering such policy, with the
Department of Insurance, which shall approve or disapprove the policy
within 30 days of its filing. If the Department approves the policy in
writing within such 30 day period or fails to take action for 30 days,
the form of policy shall be deemed approved as filed. If within the 30
days the Department disapproves the form of policy filed upon the ground
that it does not comply with the requirements of this Act, the
Department shall give written notice of its decision and its reasons
therefor to the carrier and the policy shall not be accepted as proof of
financial responsibility under this Act.
(l) Insurance Carrier Required to File Certificate. --An insurance
carrier who has issued a motor vehicle liability policy or policies or
an operator's policy meeting the requirements of this Act shall, upon
the request of the insured therein, deliver to the insured for filing,
or at the request of the insured, shall file direct, with the Secretary
of State a certificate, as required by this Act, which shows that such
policy or policies have been issued. No insurance carrier may require
the payment of any extra fee or surcharge, in addition to the insurance
premium, for the execution, delivery or filing of such certificate.
(m) Proof When Made By Endorsement. --Any motor vehicle liability
policy which by endorsement contains the provisions required hereunder
shall be sufficient proof of ability to respond in damages.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/7-318
(625 ILCS 5/7-318) (from Ch. 95 1/2, par. 7-318)
Sec. 7-318. Notice of cancellation or termination of certified policy. When an insurance carrier has certified a motor vehicle liability policy
or policies under this Act, it shall notify the Secretary of State of any
cancellation by submitting an electronic notice at least 15 days prior to
cancellation of such policy and the policy shall continue in full force and
effect until the date of cancellation specified in such notice or until its
expiration, except that such a policy subsequently procured and certified
shall, on the effective date of its certification, terminate the insurance
previously certified with respect to any vehicle designated in both
certificates. All electronic certificates must be submitted in a manner satisfactory to the Secretary of State.
(Source: P.A. 103-179, eff. 6-30-23.)
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625 ILCS 5/7-319
(625 ILCS 5/7-319) (from Ch. 95 1/2, par. 7-319)
Sec. 7-319.
This Act Not to Affect Other Policies.
Sections 7-301 through 7-329, each inclusive, of this Act shall not be
held to apply to or affect bonds or policies of automobile insurance
against liability which may now or hereafter be required by any other
provision of this Act and such bonds or policies, if endorsed to conform to
the requirements of this Act, shall be accepted as proof of financial
responsibility when required under this Act. This Act shall not be held to
apply to or affect policies insuring solely the insured named in the policy
against liability resulting from the maintenance, operation or use by
persons in the insured's employ or in his behalf of motor vehicles not
owned by the insured.
(Source: P.A. 76-1586.)
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625 ILCS 5/7-320
(625 ILCS 5/7-320) (from Ch. 95 1/2, par. 7-320)
Sec. 7-320.
Bond as Proof.
A person required to give proof of financial responsibility may file
with the Secretary of State a bond, executed by the person giving such
proof and by a surety company, duly authorized to transact business within
the State; or by the person, giving such proof and by 2 individual
sureties, each owning real estate within this State and having an equity
therein in the amount of such bond, which real estate shall be scheduled
therein.
1. The Secretary of State shall not accept any such real estate bond
unless it is first approved by a judge of a court.
2. The Secretary of State shall not accept any such bond unless it is
conditioned for payment in amounts and under the same circumstances as
would be required in a motor vehicle liability policy furnished by the
person giving such proof under this Act.
3. No such bond shall be cancelled unless 10 days' prior written
notice is given to the Secretary of State, but cancellation of such bond
shall not prevent recovery thereon with respect to any right or cause of
action arising prior to the date of cancellation.
4. The principal and sureties of every such real estate bond shall
execute and deliver an original and one copy of the bond and schedule and
in addition, when the real property or any part thereof, listed or
described in the schedule, shall lie in more than one county, then as many
extra copies as there are counties in which the real property, or any part
thereof, shall lie, to the judge to whom such bond is presented for
approval, who shall, if he approved the bond, endorse upon the original
and each copy of the bond the date of the approval thereof; and the clerk
of the court shall immediately file one of the copies with the recorder
in each county in which is situated any of the non-registered real
property so scheduled.
5. If any of the lands so scheduled shall have been registered under "An
Act concerning land titles", approved May 1, 1897, as amended, the clerk
of the court in which the bond is approved shall immediately file with the
registrar of titles in and for each county in which any of the registered
land so scheduled is situated, a notice stating that such land has been so
scheduled, and the registrar shall thereupon enter a memorial of such fact
upon the record.
6. The clerk of the court in which the bond is approved shall endorse
upon the original of each such real estate bond approved the date upon
which he or she filed a copy of such bond with the recorder in each
county in which is situated any of the non-registered real property so
scheduled or the notice with the registrar of titles in and for each
county in which any of the registered land scheduled is situated and shall
deliver such original bond to the principal thereon.
(Source: P.A. 83-1362.)
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625 ILCS 5/7-321
(625 ILCS 5/7-321) (from Ch. 95 1/2, par. 7-321)
Sec. 7-321.
When Bond Shall Constitute a Lien.
Such bond shall constitute a lien upon the unregistered real estate
so scheduled of any surety from the time when a copy of such bond is
filed in the office of the recorder in and for the county in
which such non-registered real property so scheduled is situated, and
such bond shall be a lien upon all registered real property listed or
described in the accompanying schedule from the time when notice, as
aforesaid, is filed in the office of the registrar of titles in and for
the county in which such registered real estate so scheduled is
situated. Such lien shall exist in favor of the People of the State of
Illinois for the use of any holder of a final judgment against the
principal on such bond upon a liability covered by the conditions of
such bond.
(Source: P.A. 83-358.)
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625 ILCS 5/7-322
(625 ILCS 5/7-322) (from Ch. 95 1/2, par. 7-322)
Sec. 7-322.
Action on Bond.
If a judgment is rendered against the principal of any such surety or
real estate bond upon a liability covered by the conditions of such bond
and such judgment is not satisfied within thirty (30) days after it becomes
final, then the judgment creditor may, for his own use and benefit, and at
his sole expense, bring an action or actions in the name of the State
against the company or persons who executed such bond including an action
or proceeding to foreclose any lien that may exist upon the real estate of
a person who has executed such bond, which action shall be brought in like
manner and subject to all the provisions of law applicable to an action to
foreclose a mortgage upon real estate.
(Source: P.A. 76-1586.)
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