(735 ILCS 5/12-1002) (from Ch. 110, par. 12-1002)
Sec. 12-1002.
Schedule of property.
It shall not be necessary for the
debtor against whom a judgment or attachment was entered or distress warrant
was issued to
make a schedule of his or her personal property to enable him or her
to secure the
exemption and to retain the property enumerated in paragraph (b) of
Section 12-1001 of this Act, but whenever any debtor against whom a judgment
or attachment was entered or distress warrant was issued,
desires to avail himself or herself of the benefit of this Act to make a
selection
of certain household furniture (in case such property is worth more than
the amount he or she is entitled to retain) or to select other personal
property instead of household furniture or to select part household
furniture and part other personal property he or she shall, within 10 days
after a copy of the judgment, attachment or distress warrant is served upon
him or her in the same manner as summonses are served in other civil cases,
such copies of the judgment,
attachment or distress warrant to
have endorsed thereon a notice signed by the officer having such document,
notifying the debtor that he or she must file a schedule of his or her property within
10 days from the service thereof in order to claim his or her exemption under
Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule
of all his or her personal
property of every kind and character, including money on hand and debts
due and owing to the debtor and shall deliver the same to the officer
having the certified copy of the judgment, attachment or distress warrant, or file
the same in the court which entered the document, which schedule shall be
subscribed and sworn to by the debtor, and any property owned by the
debtor, and not included in such schedule shall not be exempt, and thereupon
the court which entered
the judgment or attachment or issued the distress warrant shall summon 3
householders,
who, after being duly sworn to fairly and impartially appraise the
property of the debtor, shall fix a fair valuation upon each article
contained in such schedule, and the debtor shall then select from such
schedule the articles he or she may desire to retain, the aggregate
value of which shall not exceed the amount exempted, to which he or she
may be entitled, and deliver the remainder to the officer having the document;
and the officer having such document is authorized to
administer the oaths required herein of the debtor and appraisers. In
case no schedule is filed, it shall be the duty of the officer
to exempt and disregard the articles enumerated in paragraphs (a), (e),
(f), (g) and (h) of
Section 12-1001 of this Act and the personal property
if it is worth not more than the
amount the debtor is entitled to have exempted under paragraphs (b), (c)
and (d) of
Section 12-1001 of this Act and if the personal property is worth more
than the amount
of the exemption to which the debtor is entitled, the court
which entered the judgment or the attachment order or the distress warrant issued
shall secure a fair and impartial appraisal of the personal property
in the same manner as all the personal property is appraised when a
schedule is filed, and after such valuation, such officer shall
select and exempt personal property to the amount
to which the debtor
is entitled to retain. When the judgment debtor has presented a sufficient
schedule of all his or her personal estate, the return of such judgment
unsatisfied, shall
not render it necessary for such judgment debtor, for the purpose of
availing himself or herself of the benefits of the exemption laws of this state, to
present an additional schedule unless additional property has been
acquired, before 90 days from the date of the issuance of the certified
copy of the judgment.
(Source: P.A. 83-968.)
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