HB3993 93RD GENERAL ASSEMBLY

LRB093 15172 LCB 40768 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB3993

Introduced 1/7/2004, by Monique D. Davis

SYNOPSIS AS INTRODUCED:

735 ILCS 5/4-101

from Ch. 110, par. 4-101

Amends the Code of Civil Procedure. Provides that the Attorney General may have an attachment against the property of a person referred to the Department of Corrections under the specified Section of the Unified Code of Corrections only if the debtor's total assets exceed $100,000. Excludes the primary residence and primary vehicle of the debtor from the calculation of total assets.

A BILL FOR

AN ACT concerning 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 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. The Attorney General may have an attachment only if the debtor's total assets exceed $100,000. The primary residence and primary vehicle of the debtor, may not be included in the calculation of total assets.

(Source: P.A. 93-508, eff. 1-1-04.)