Illinois General Assembly - Full Text of Public Act 093-0508
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Public Act 093-0508


 

Public Act 93-0508 of the 93rd General Assembly


Public Act 93-0508

SB1751 Enrolled                      LRB093 10345 DRJ 10599 b

    AN ACT in relation to civil procedure.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Code  of  Civil Procedure is amended by
changing Section 4-101 as follows:

    (735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
    Sec.  4-101.  Cause.  In  any  court   having   competent
jurisdiction,  a  creditor  having  a  money  claim,  whether
liquidated  or unliquidated, and whether sounding in contract
or tort, or based upon a statutory cause of action created by
law in favor of the People of the State of Illinois,  or  any
agency  of  the  State,  may  have  an attachment against the
property of his or her debtor, or that of any one or more  of
several  debtors,  either  at the time of commencement of the
action or thereafter, when the claim exceeds $20, in any  one
of the following cases:
         1.  Where  the  debtor  is  not  a  resident of this
    State.
         2.  When the debtor conceals himself or  herself  or
    stands  in defiance of an officer, so that process cannot
    be served upon him or her.
         3.  Where the debtor has departed  from  this  State
    with  the  intention of having his or her effects removed
    from this State.
         4.  Where the debtor is about to  depart  from  this
    State  with  the  intention  of having his or her effects
    removed from this State.
         5.  Where the debtor is about to remove his  or  her
    property from this State to the injury of such creditor.
         6.  Where  the  debtor  has within 2 years preceding
    the  filing  of  the  affidavit  required,   fraudulently
    conveyed  or  assigned  his  or  her  effects,  or a part
    thereof, so as to hinder or delay his or her creditors.
         7.  Where the debtor has, within 2  years  prior  to
    the  filing  of such affidavit, fraudulently concealed or
    disposed of his or her property so as to hinder or  delay
    his or her creditors.
         8.  Where   the  debtor  is  about  fraudulently  to
    conceal, assign, or  otherwise  dispose  of  his  or  her
    property  or effects, so as to hinder or delay his or her
    creditors.
         9.  Where  the  debt  sued  for   was   fraudulently
    contracted  on  the part of the debtor. The statements of
    the  debtor,  his  or  her  agent  or   attorney,   which
    constitute the fraud, shall have been reduced to writing,
    and  his or her signature attached thereto, by himself or
    herself, agent or attorney.
         10.  When the debtor is a person convicted of  first
    degree   murder,   a   Class   X  felony,  or  aggravated
    kidnapping, or found not guilty by reason of insanity  or
    guilty but mentally ill of first degree murder, a Class X
    felony,  or  aggravated  kidnapping, against the creditor
    and that crime makes the creditor a  "victim"  under  the
    Criminal Victims' Asset Discovery Act.
         11.  When  the  debtor is referred by the Department
    of Corrections to a defendant in a suit  brought  by  the
    Attorney  General under Section 3-7-6 of the Unified Code
    of Corrections to recover  the  expenses  incurred  as  a
    result of that debtor's cost of incarceration.
(Source: P.A. 89-428, eff. 12-13-95; 90-85, eff. 7-10-97.)

Effective Date: 1/1/2004