HB3478 EngrossedLRB097 10881 AJO 51405 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1402, 2-1602, 12-101, 12-652, and by adding
6Section 12-112.5 as follows:
 
7    (735 ILCS 5/2-1402)  (from Ch. 110, par. 2-1402)
8    Sec. 2-1402. Supplementary proceedings.
9    (a) A judgment creditor, or his or her successor in
10interest when that interest is made to appear of record, is
11entitled to prosecute supplementary proceedings for the
12purposes of examining the judgment debtor or any other person
13to discover assets or income of the debtor not exempt from the
14enforcement of the judgment, a deduction order or garnishment,
15and of compelling the application of non-exempt assets or
16income discovered toward the payment of the amount due under
17the judgment. A supplementary proceeding shall be commenced by
18the service of a citation issued by the clerk. The procedure
19for conducting supplementary proceedings shall be prescribed
20by rules. It is not a prerequisite to the commencement of a
21supplementary proceeding that a certified copy of the judgment
22has been returned wholly or partly unsatisfied. All citations
23issued by the clerk shall have the following language, or

 

 

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1language substantially similar thereto, stated prominently on
2the front, in capital letters: "YOUR FAILURE TO APPEAR IN COURT
3AS HEREIN DIRECTED MAY CAUSE YOU TO BE ARRESTED AND BROUGHT
4BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF COURT,
5WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
6The court shall not grant a continuance of the supplementary
7proceeding except upon good cause shown.
8    (b) Any citation served upon a judgment debtor or any other
9person shall include a certification by the attorney for the
10judgment creditor or the judgment creditor setting forth the
11amount of the judgment, the date of the judgment, or its
12revival date, the balance due thereon, the name of the court,
13and the number of the case, and a copy of the citation notice
14required by this subsection. Whenever a citation is served upon
15a person or party other than the judgment debtor, the officer
16or person serving the citation shall send to the judgment
17debtor, within three business days of the service upon the
18cited party, a copy of the citation and the citation notice,
19which may be sent by regular first-class mail to the judgment
20debtor's last known address. In no event shall a citation
21hearing be held sooner than five business days after the
22mailing of the citation and citation notice to the judgment
23debtor, except by agreement of the parties. The citation notice
24need not be mailed to a corporation, partnership, or
25association. The citation notice shall be in substantially the
26following form:

 

 

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1
"CITATION NOTICE
2        (Name and address of Court)
3        Name of Case: (Name of Judgment Creditor),
4            Judgment Creditor v.
5            (Name of Judgment Debtor),
6            Judgment Debtor.
7        Address of Judgment Debtor: (Insert last known
8            address)
9        Name and address of Attorney for Judgment
10            Creditor or of Judgment Creditor (If no
11            attorney is listed): (Insert name and address)
12        Amount of Judgment: $ (Insert amount)
13        Name of Person Receiving Citation: (Insert name)
14        Court Date and Time: (Insert return date and time
15            specified in citation)
16    NOTICE: The court has issued a citation against the person
17named above. The citation directs that person to appear in
18court to be examined for the purpose of allowing the judgment
19creditor to discover income and assets belonging to the
20judgment debtor or in which the judgment debtor has an
21interest. The citation was issued on the basis of a judgment
22against the judgment debtor in favor of the judgment creditor
23in the amount stated above. On or after the court date stated
24above, the court may compel the application of any discovered
25income or assets toward payment on the judgment.
26    The amount of income or assets that may be applied toward

 

 

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1the judgment is limited by federal and Illinois law. The
2JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
3AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH
4MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
5ABOVE:
6        (1) Under Illinois or federal law, the exemptions of
7    personal property owned by the debtor include the debtor's
8    equity interest, not to exceed $4,000 in value, in any
9    personal property as chosen by the debtor; Social Security
10    and SSI benefits; public assistance benefits; unemployment
11    compensation benefits; worker's compensation benefits;
12    veteran's benefits; circuit breaker property tax relief
13    benefits; the debtor's equity interest, not to exceed
14    $2,400 in value, in any one motor vehicle, and the debtor's
15    equity interest, not to exceed $1,500 in value, in any
16    implements, professional books, or tools of the trade of
17    the debtor.
18        (2) Under Illinois law, every person is entitled to an
19    estate in homestead, when it is owned and occupied as a
20    residence, to the extent in value of $15,000, which
21    homestead is exempt from judgment.
22        (3) Under Illinois law, the amount of wages that may be
23    applied toward a judgment is limited to the lesser of (i)
24    15% of gross weekly wages or (ii) the amount by which
25    disposable earnings for a week exceed the total of 45 times
26    the federal minimum hourly wage or, under a wage deduction

 

 

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1    summons served on or after January 1, 2006, the Illinois
2    minimum hourly wage, whichever is greater.
3        (4) Under federal law, the amount of wages that may be
4    applied toward a judgment is limited to the lesser of (i)
5    25% of disposable earnings for a week or (ii) the amount by
6    which disposable earnings for a week exceed 30 times the
7    federal minimum hourly wage.
8        (5) Pension and retirement benefits and refunds may be
9    claimed as exempt under Illinois law.
10    The judgment debtor may have other possible exemptions
11under the law.
12    THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
13TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
14judgment debtor also has the right to seek a declaration at an
15earlier date, by notifying the clerk in writing at (insert
16address of clerk). When so notified, the Clerk of the Court
17will obtain a prompt hearing date from the court and will
18provide the necessary forms that must be prepared by the
19judgment debtor or the attorney for the judgment debtor and
20sent to the judgment creditor and the judgment creditor's
21attorney regarding the time and location of the hearing. This
22notice may be sent by regular first class mail."
23    (c) When assets or income of the judgment debtor not exempt
24from the satisfaction of a judgment, a deduction order or
25garnishment are discovered, the court may, by appropriate order
26or judgment:

 

 

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1        (1) Compel the judgment debtor to deliver up, to be
2    applied in satisfaction of the judgment, in whole or in
3    part, money, choses in action, property or effects in his
4    or her possession or control, so discovered, capable of
5    delivery and to which his or her title or right of
6    possession is not substantially disputed.
7        (2) Compel the judgment debtor to pay to the judgment
8    creditor or apply on the judgment, in installments, a
9    portion of his or her income, however or whenever earned or
10    acquired, as the court may deem proper, having due regard
11    for the reasonable requirements of the judgment debtor and
12    his or her family, if dependent upon him or her, as well as
13    any payments required to be made by prior order of court or
14    under wage assignments outstanding; provided that the
15    judgment debtor shall not be compelled to pay income which
16    would be considered exempt as wages under the Wage
17    Deduction Statute. The court may modify an order for
18    installment payments, from time to time, upon application
19    of either party upon notice to the other.
20        (3) Compel any person cited, other than the judgment
21    debtor, to deliver up any assets so discovered, to be
22    applied in satisfaction of the judgment, in whole or in
23    part, when those assets are held under such circumstances
24    that in an action by the judgment debtor he or she could
25    recover them in specie or obtain a judgment for the
26    proceeds or value thereof as for conversion or

 

 

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1    embezzlement. A judgment creditor may recover a corporate
2    judgment debtor's property on behalf of the judgment debtor
3    for use of the judgment creditor by filing an appropriate
4    petition within the citation proceedings.
5        (4) Enter any order upon or judgment against the person
6    cited that could be entered in any garnishment proceeding.
7        (5) Compel any person cited to execute an assignment of
8    any chose in action or a conveyance of title to real or
9    personal property or resign memberships in exchanges,
10    clubs, or other entities in the same manner and to the same
11    extent as a court could do in any proceeding by a judgment
12    creditor to enforce payment of a judgment or in aid of the
13    enforcement of a judgment.
14        (6) Authorize the judgment creditor to maintain an
15    action against any person or corporation that, it appears
16    upon proof satisfactory to the court, is indebted to the
17    judgment debtor, for the recovery of the debt, forbid the
18    transfer or other disposition of the debt until an action
19    can be commenced and prosecuted to judgment, direct that
20    the papers or proof in the possession or control of the
21    debtor and necessary in the prosecution of the action be
22    delivered to the creditor or impounded in court, and
23    provide for the disposition of any moneys in excess of the
24    sum required to pay the judgment creditor's judgment and
25    costs allowed by the court.
26    (d) No order or judgment shall be entered under subsection

 

 

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1(c) in favor of the judgment creditor unless there appears of
2record a certification of mailing showing that a copy of the
3citation and a copy of the citation notice was mailed to the
4judgment debtor as required by subsection (b).
5    (e) All property ordered to be delivered up shall, except
6as otherwise provided in this Section, be delivered to the
7sheriff to be collected by the sheriff or sold at public sale
8and the proceeds thereof applied towards the payment of costs
9and the satisfaction of the judgment. If the judgment debtor's
10property is of such a nature that it is not readily delivered
11up to the sheriff for public sale or if another method of sale
12is more appropriate to liquidate the property or enhance its
13value at sale, the court may order the sale of such property by
14the debtor, third party respondent, or by a selling agent other
15than the sheriff upon such terms as are just and equitable. The
16proceeds of sale, after deducting reasonable and necessary
17expenses, are to be turned over to the creditor and applied to
18the balance due on the judgment.
19    (f) (1) The citation may prohibit the party to whom it is
20    directed from making or allowing any transfer or other
21    disposition of, or interfering with, any property not
22    exempt from the enforcement of a judgment therefrom, a
23    deduction order or garnishment, belonging to the judgment
24    debtor or to which he or she may be entitled or which may
25    thereafter be acquired by or become due to him or her, and
26    from paying over or otherwise disposing of any moneys not

 

 

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1    so exempt which are due or to become due to the judgment
2    debtor, until the further order of the court or the
3    termination of the proceeding, whichever occurs first. The
4    third party may not be obliged to withhold the payment of
5    any moneys beyond double the amount of the balance due
6    sought to be enforced by the judgment creditor. The court
7    may punish any party who violates the restraining provision
8    of a citation as and for a contempt, or if the party is a
9    third party may enter judgment against him or her in the
10    amount of the unpaid portion of the judgment and costs
11    allowable under this Section, or in the amount of the value
12    of the property transferred, whichever is lesser.
13        (2) The court may enjoin any person, whether or not a
14    party to the supplementary proceeding, from making or
15    allowing any transfer or other disposition of, or
16    interference with, the property of the judgment debtor not
17    exempt from the enforcement of a judgment, a deduction
18    order or garnishment, or the property or debt not so exempt
19    concerning which any person is required to attend and be
20    examined until further direction in the premises. The
21    injunction order shall remain in effect until vacated by
22    the court or until the proceeding is terminated, whichever
23    first occurs.
24    (g) If it appears that any property, chose in action,
25credit or effect discovered, or any interest therein, is
26claimed by any person, the court shall, as in garnishment

 

 

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1proceedings, permit or require the claimant to appear and
2maintain his or her right. The rights of the person cited and
3the rights of any adverse claimant shall be asserted and
4determined pursuant to the law relating to garnishment
5proceedings.
6    (h) Costs in proceedings authorized by this Section shall
7be allowed, assessed and paid in accordance with rules,
8provided that if the court determines, in its discretion, that
9costs incurred by the judgment creditor were improperly
10incurred, those costs shall be paid by the judgment creditor.
11    (i) This Section is in addition to and does not affect
12enforcement of judgments or proceedings supplementary thereto,
13by any other methods now or hereafter provided by law.
14    (j) This Section does not grant the power to any court to
15order installment or other payments from, or compel the sale,
16delivery, surrender, assignment or conveyance of any property
17exempt by statute from the enforcement of a judgment thereon, a
18deduction order, garnishment, attachment, sequestration,
19process or other levy or seizure.
20    (k) (Blank).
21    (k-5) If the court determines that any property held by a
22third party respondent is wages pursuant to Section 12-801, the
23court shall proceed as if a wage deduction proceeding had been
24filed and proceed to enter such necessary and proper orders as
25would have been entered in a wage deduction proceeding
26including but not limited to the granting of the statutory

 

 

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1exemptions allowed by Section 12-803 and all other remedies
2allowed plaintiff and defendant pursuant to Part 8 of Article
312 of this Act.
4    (k-10) If a creditor discovers personal property of the
5judgment debtor that is subject to the lien of a citation to
6discover assets, the creditor may have the court impress a lien
7against a specific item of personal property, including a
8beneficial interest in a land trust. The lien survives the
9termination of the citation proceedings and remains as a lien
10against the personal property in the same manner that a
11judgment lien recorded against real property pursuant to
12Section 12-101 remains a lien on real property. If the judgment
13is revived before dormancy, the lien shall remain. A lien
14against personal property may, but need not, be recorded in the
15office of the recorder or filed as an informational filing
16pursuant to the Uniform Commercial Code.
17    (l) At any citation hearing at which the judgment debtor
18appears and seeks a declaration that certain of his or her
19income or assets are exempt, the court shall proceed to
20determine whether the property which the judgment debtor
21declares to be exempt is exempt from judgment. At any time
22before the return date specified on the citation, the judgment
23debtor may request, in writing, a hearing to declare exempt
24certain income and assets by notifying the clerk of the court
25before that time, using forms as may be provided by the clerk
26of the court. The clerk of the court will obtain a prompt

 

 

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1hearing date from the court and will provide the necessary
2forms that must be prepared by the judgment debtor or the
3attorney for the judgment debtor and sent to the judgment
4creditor, or the judgment creditor's attorney, regarding the
5time and location of the hearing. This notice may be sent by
6regular first class mail. At the hearing, the court shall
7immediately, unless for good cause shown that the hearing is to
8be continued, shall proceed to determine whether the property
9which the judgment debtor declares to be exempt is exempt from
10judgment. The restraining provisions of subsection (f) shall
11not apply to any property determined by the court to be exempt.
12    (m) The judgment or balance due on the judgment becomes a
13lien when a citation is served in accordance with subsection
14(a) of this Section. The lien binds nonexempt personal
15property, including money, choses in action, and effects of the
16judgment debtor as follows:
17        (1) When the citation is directed against the judgment
18    debtor, upon all personal property belonging to the
19    judgment debtor in the possession or control of the
20    judgment debtor or which may thereafter be acquired or come
21    due to the judgment debtor to the time of the disposition
22    of the citation.
23        (2) When the citation is directed against a third
24    party, upon all personal property belonging to the judgment
25    debtor in the possession or control of the third party or
26    which thereafter may be acquired or come due the judgment

 

 

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1    debtor and comes into the possession or control of the
2    third party to the time of the disposition of the citation.
3    The lien established under this Section does not affect the
4rights of citation respondents in property prior to the service
5of the citation upon them and does not affect the rights of
6bona fide purchasers or lenders without notice of the citation.
7The lien is effective for the period specified by Supreme Court
8Rule.
9    This subsection (m), as added by Public Act 88-48, is a
10declaration of existing law.
11    (n) If any provision of this Act or its application to any
12person or circumstance is held invalid, the invalidity of that
13provision or application does not affect the provisions or
14applications of the Act that can be given effect without the
15invalid provision or application.
16(Source: P.A. 94-293, eff. 1-1-06; 94-306, eff. 1-1-06; 95-331,
17eff. 8-21-07; 95-661, eff. 1-1-08.)
 
18    (735 ILCS 5/2-1602)
19    Sec. 2-1602. Revival of judgment.
20    (a) A judgment may be revived by filing a petition to
21revive the a judgment may be filed in the seventh year after
22its entry, or in the seventh year after its last revival, or in
23the twentieth year after its entry, or at any other time within
2420 years after its entry if the judgment becomes dormant. The
25provisions of this amendatory Act of the 96th General Assembly

 

 

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1are declarative of existing law.
2    (b) A petition to revive a judgment shall be filed in the
3original case in which the judgment was entered. The petition
4shall include a statement as to the original date and amount of
5the judgment, court costs expended, accrued interest, and
6credits to the judgment, if any.
7    (c) Service of notice of the petition to revive a judgment
8shall be made in accordance with Supreme Court Rule 106.
9    (d) An order reviving a judgment shall be for the original
10amount of the judgment. The plaintiff may recover interest and
11court costs from the date of the original judgment. Credits to
12the judgment shall be reflected by the plaintiff in
13supplemental proceedings or execution.
14    (e) If a judgment debtor has filed for protection under the
15United States Bankruptcy Code and failed to successfully
16adjudicate and remove a lien filed by a judgment creditor, then
17the judgment may be revived only as to the property to which a
18lien attached before the filing of the bankruptcy action.
19    (f) A judgment may be revived as to fewer than all judgment
20debtors, and such order for revival of judgment shall be final,
21appealable, and enforceable.
22    (g) This Section does not apply to a child support judgment
23or to a judgment recovered in an action for damages for an
24injury described in Section 13-214.1, which need not be revived
25as provided in this Section and which may be enforced at any
26time as provided in Section 12-108.

 

 

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1(Source: P.A. 96-305, eff. 8-11-09.)
 
2    (735 ILCS 5/12-101)  (from Ch. 110, par. 12-101)
3    Sec. 12-101. Lien of judgment. With respect to the creation
4of liens on real estate by judgments, all real estate in the
5State of Illinois is divided into 2 classes.
6    The first class consists of all real property, the title to
7which is registered under "An Act concerning land titles",
8approved May 1, 1897, as amended.
9    The second class consists of all real property not
10registered under "An Act concerning land titles".
11    As to real estate in class one, a judgment is a lien on the
12real estate of the person against whom it is entered for the
13same period as in class two, when Section 85 of "An Act
14concerning land titles", has been complied with.
15    As to real estate included within class two, a judgment is
16a lien on the real estate of the person against whom it is
17entered in any county in this State, including the county in
18which it is entered, only from the time a transcript, certified
19copy or memorandum of the judgment is filed in the office of
20the recorder in the county in which the real estate is located.
21The lien may be foreclosed by an action brought in the name of
22the judgment creditor or its assignee of record under Article
23XV in the same manner as a mortgage of real property, except
24that the redemption period shall be 6 months from the date of
25sale and the real estate homestead exemption under Section

 

 

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112-901 shall apply. A judgment resulting from the entry of an
2order requiring child support payments shall be a lien upon the
3real estate of the person obligated to make the child support
4payments, but shall not be enforceable in any county of this
5State until a transcript, certified copy, or memorandum of the
6lien is filed in the office of the recorder in the county in
7which the real estate is located. Any lien hereunder arising
8out of an order for support shall be a lien only as to and from
9the time that an installment or payment is due under the terms
10of the order. Further, the order for support shall not be a
11lien on real estate to the extent of payments made as evidenced
12by the records of the Clerk of the Circuit Court or State
13agency receiving payments pursuant to the order. In the event
14payments made pursuant to that order are not paid to the Clerk
15of the Circuit Court or a State agency, then each lien imposed
16by this Section may be released in the following manner:
17        (a) A Notice of Filing and an affidavit stating that
18    all installments of child support required to be paid
19    pursuant to the order under which the lien or liens were
20    imposed have been paid shall be filed with the office of
21    recorder in each county in which each such lien appears of
22    record, together with proof of service of such notice and
23    affidavit upon the recipient of such payments.
24        (b) Service of such affidavit shall be by any means
25    authorized under Sections 2-203 and 2-208 of the Code of
26    Civil Procedure or under Supreme Court Rules 11 or 105(b).

 

 

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1        (c) The Notice of Filing shall set forth the name and
2    address of the judgment debtor and the judgment creditor,
3    the court file number of the order giving rise to the
4    judgment and, in capital letters, the following statement:
5        YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
6    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER
7    OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........,
8    ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE,
9    YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF
10    THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE,
11    SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO
12    LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL
13    NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
14        (d) If no affidavit objecting to the release of the
15    lien or liens is filed within 28 days of the Notice
16    described in paragraph (c) of this Section such lien or
17    liens shall be deemed to be released and no longer subject
18    to foreclosure.
19    A judgment is not a lien on real estate for longer than 7
20years from the time it is entered or revived, unless the
21judgment is revived within 7 years after its entry or last
22revival and a new memorandum of judgment is recorded prior to
23the judgment and its recorded memorandum of judgment becoming
24dormant filed before the expiration of the prior memorandum of
25judgment.
26    When a judgment is revived it is a lien on the real estate

 

 

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1of the person against whom it was entered in any county in this
2State from the time a transcript, certified copy or memorandum
3of the order of revival is filed in the office of the recorder
4in the county in which the real estate is located.
5    A foreign judgment registered pursuant to Sections 12-601
6through 12-618 of this Act is a lien upon the real estate of
7the person against whom it was entered only from the time (1) a
8certified copy of the verified petition for registration of the
9foreign judgment or (2) a transcript, certified copy or
10memorandum of the final judgment of the court of this State
11entered on that foreign judgment is filed in the office of the
12recorder in the county in which the real estate is located.
13However, no such judgment shall be a lien on any real estate
14registered under "An Act concerning land titles", as amended,
15until Section 85 of that Act has been complied with.
16    The release of any transcript, certified copy or memorandum
17of judgment or order of revival which has been recorded shall
18be filed by the person receiving the release in the office of
19the recorder in which such judgment or order has been recorded.
20    Such release shall contain in legible letters a statement
21as follows:
22        FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
23    FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN WHOSE
24    OFFICE THE LIEN WAS FILED.
25    The term "memorandum" as used in this Section means a
26memorandum or copy of the judgment signed by a judge or a copy

 

 

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1attested by the clerk of the court entering it and showing the
2court in which entered, date, amount, number of the case in
3which it was entered, name of the party in whose favor and name
4and last known address of the party against whom entered. If
5the address of the party against whom the judgment was entered
6is not known, the memorandum or copy of judgment shall so
7state.
8    The term "memorandum" as used in this Section also means a
9memorandum or copy of a child support order signed by a judge
10or a copy attested by the clerk of the court entering it or a
11copy attested by the administrative body entering it.
12    This Section shall not be construed as showing an intention
13of the legislature to create a new classification of real
14estate, but shall be construed as showing an intention of the
15legislature to continue a classification already existing.
16(Source: P.A. 91-357, eff. 7-29-99; 92-817, eff. 8-21-02.)
 
17    (735 ILCS 5/12-112.5 new)
18    Sec. 12-112.5. Charging orders. If a statute or case
19requires or permits a judgment creditor to use the remedy of a
20charging order, said remedy may be brought and obtained by
21serving any of the various enforcement procedures set forth
22within this Article XII or by serving a citation pursuant to
23Section 2-1402. If the court does not otherwise have
24jurisdiction of the parties, the law relating to the type of
25enforcement served shall be used to determine issues ancillary

 

 

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1to the entry of a charging order such as jurisdiction, liens,
2and priority of liens.
 
3    (735 ILCS 5/12-652)  (from Ch. 110, par. 12-652)
4    Sec. 12-652. Filing and Status of Foreign Judgments.
5    (a) A copy of any foreign judgment authenticated in
6accordance with the acts of Congress or the statutes of this
7State may be filed in the office of the circuit clerk for any
8county of this State. The clerk shall treat the foreign
9judgment in the same manner as a judgment of the circuit court
10for any county of this State. A judgment so filed has the same
11effect and is subject to the same procedures, defenses and
12proceedings for reopening, vacating, or staying as a judgment
13of a circuit court for any county of this State and may be
14enforced or satisfied in like manner. A judgment filed or
15registered under this Act shall be construed to be an original
16Illinois judgment from the date it is filed with the clerk of
17the circuit court and for purposes of enforcement and revival,
18shall be treated in exactly the same manner as an Illinois
19judgment entered on that same date.
20    (b) A foreign judgment or lien arising by operation of law,
21and resulting from an order requiring child support payments
22shall be entitled to full faith and credit in this State, shall
23be enforceable in the same manner as any judgment or lien of
24this State resulting from an order requiring child support
25payments, and shall not be required to be filed with the office

 

 

HB3478 Engrossed- 21 -LRB097 10881 AJO 51405 b

1of the circuit clerk in any county of this State, except as
2provided for in Sections 10-25 and 10-25.5 of the Illinois
3Public Aid Code.
4    (c) A foreign order of protection issued by the court of
5another state, tribe, or United States territory is entitled to
6full faith and credit in this State, is enforceable in the same
7manner as any order of protection issued by a circuit court for
8any county of this State, and may be filed with the circuit
9clerk in any county of this State as provided in Section 222.5
10of the Illinois Domestic Violence Act of 1986 or Section 22.5
11of the Code of Criminal Procedure of 1963. A foreign order of
12protection shall not be required to be filed with the circuit
13clerk to be entitled to full faith and credit in this State.
14(Source: P.A. 90-18, eff. 7-1-97; 91-903, eff. 1-1-01.)