093_HB1282

 
                                     LRB093 06058 LCB 06161 b

 1        AN ACT concerning civil procedure.

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

 4        Section  5.   The  Code  of Civil Procedure is amended by
 5    changing Section 12-910 as follows:

 6        (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
 7        Sec. 12-910. Proceedings to enforce judgment.  If in  the
 8    opinion  of  the judgment creditors, or the officer holding a
 9    certified copy of a judgment  for  enforcement  against  such
10    individuals, the premises claimed by him or her as exempt are
11    worth  more  than  $7,500,  the  such  officer shall summon 3
12    individuals, as commissioners, who shall, upon  oath,  to  be
13    administered  to  them by the officer, appraise the premises,
14    and if, in their opinion, the property may be divided without
15    damage to the interest of the parties, they shall set off  so
16    much  of  the  premises,  including the dwelling house, as in
17    their opinion  is  worth  $7,500,  and  the  residue  of  the
18    premises  may  be  advertised  and sold by such officer. Each
19    commissioner shall receive for his or her services the sum of
20    $5 per day for each day necessarily engaged in such  service.
21    The  officer  summoning such commissioners shall receive such
22    fees as may be allowed for  serving  summons,  but  shall  be
23    entitled  to  charge  mileage  for  only  the actual distance
24    traveled from the premises to be appraised, to the  residence
25    of  the  commissioners  summoned.  The  officer  shall not be
26    required to summon commissioners until the judgment creditor,
27    or some one for him or her, shall advance to the officer  one
28    day's  fees  for  the  commissioners, and unless the creditor
29    shall advance such fees the officer shall not be required  to
30    enforce  the  judgment.  The costs of such appraisement shall
31    not  be  taxed  against  the  judgment  debtor  unless   such
 
                            -2-      LRB093 06058 LCB 06161 b
 1    appraisement  shows  that  the  judgment  debtor has property
 2    subject to such judgment.
 3    (Source: P.A. 83-707.)