Full Text of SB3722 102nd General Assembly
SB3722 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3722 Introduced 1/21/2022, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-1402 | from Ch. 110, par. 2-1402 | 735 ILCS 5/12-901 | from Ch. 110, par. 12-901 | 735 ILCS 5/12-904 | from Ch. 110, par. 12-904 | 735 ILCS 5/12-906 | from Ch. 110, par. 12-906 | 735 ILCS 5/12-909 | from Ch. 110, par. 12-909 | 735 ILCS 5/12-910 | from Ch. 110, par. 12-910 | 735 ILCS 5/12-911 | from Ch. 110, par. 12-911 | 735 ILCS 5/12-912 | from Ch. 110, par. 12-912 |
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Amends the Code of Civil Procedure. Provides that every individual is entitled to an estate of homestead to the extent in value of the greater of (1) the countywide median sale price for a single-family home in the calendar year prior to the calendar year in which the judgment debtor claims the exemption, not to exceed $600,000, or (2) $300,000 (rather than $15,000) of his or her interest in a farm or lot of land and buildings thereon, a condominium, or personal property, owned or rightly possessed by lease or otherwise and occupied by him or her as a residence, or in a cooperative that owns property that the individual uses as a residence. Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 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 Sections 2-1402, 12-901, 12-904, 12-906, 12-909, | 6 | | 12-910, 12-911, and 12-912 as follows:
| 7 | | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
| 8 | | Sec. 2-1402. Citations to discover assets.
| 9 | | (a) A judgment creditor, or his or her successor in | 10 | | interest when that
interest is made to appear of record, is | 11 | | entitled to prosecute citations to discover assets for the | 12 | | purposes of examining the judgment debtor or any other
person | 13 | | to discover assets or income of the debtor not exempt from the
| 14 | | enforcement of the judgment, a deduction order or garnishment, | 15 | | and of
compelling the application of non-exempt assets or | 16 | | income discovered toward the
payment of the amount due under | 17 | | the judgment. A citation proceeding shall
be commenced by the | 18 | | service of a citation issued by the clerk. The procedure
for | 19 | | conducting citation proceedings shall be prescribed by rules.
| 20 | | All citations issued by the clerk shall have the following | 21 | | language, or
language substantially similar thereto, stated | 22 | | prominently on the front, in
capital letters: "IF YOU FAIL TO | 23 | | APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED |
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| 1 | | AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT | 2 | | OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE | 3 | | COUNTY JAIL."
The court shall not grant a continuance of the | 4 | | citation proceeding except
upon good cause shown.
| 5 | | (b) Any citation served upon a judgment debtor or any | 6 | | other person shall
include a certification by the attorney for | 7 | | the judgment creditor or the
judgment creditor setting forth | 8 | | the amount of the judgment, the date of the
judgment, or its | 9 | | revival date, the balance due thereon, the name of the court,
| 10 | | and the number of the case, and a copy of the citation notice | 11 | | required by this
subsection. Whenever a citation is served | 12 | | upon a person or party other than
the judgment debtor, the | 13 | | officer or person serving the citation shall send to
the | 14 | | judgment debtor, within three business days of the service | 15 | | upon the cited
party, a copy of the citation and the citation | 16 | | notice, which may be sent
by regular first-class mail to the | 17 | | judgment debtor's last known address. In no
event shall a | 18 | | citation hearing be held sooner than five business days after | 19 | | the
mailing of the citation and citation notice to the | 20 | | judgment debtor, except by
agreement of the parties. The | 21 | | citation notice need not be mailed to a
corporation, | 22 | | partnership, or association. The citation notice shall be in
| 23 | | substantially the following form:
| 24 | | "CITATION NOTICE
| 25 | | (Name and address of Court)
| 26 | | Name of Case: (Name of Judgment Creditor),
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| 1 | | Judgment Creditor v.
| 2 | | (Name of Judgment Debtor),
| 3 | | Judgment Debtor.
| 4 | | Address of Judgment Debtor: (Insert last known
| 5 | | address)
| 6 | | Name and address of Attorney for Judgment
| 7 | | Creditor or of Judgment Creditor (If no
| 8 | | attorney is listed): (Insert name and address)
| 9 | | Amount of Judgment: $ (Insert amount)
| 10 | | Name of Person Receiving Citation: (Insert name)
| 11 | | Court Date and Time: (Insert return date and time
| 12 | | specified in citation)
| 13 | | NOTICE: The court has issued a citation against the person | 14 | | named above. The
citation directs that person to appear in | 15 | | court to be examined for the purpose
of allowing the judgment | 16 | | creditor to discover income and assets belonging to
the | 17 | | judgment debtor or in which the judgment debtor has an | 18 | | interest. The
citation was issued on the basis of a judgment | 19 | | against the judgment debtor in
favor of the judgment creditor | 20 | | in the amount stated above. On or after the
court date stated | 21 | | above, the court may compel the application of any
discovered | 22 | | income or assets toward payment on the judgment.
| 23 | | The amount of income or assets that may be applied toward | 24 | | the judgment is
limited by federal and Illinois law. The | 25 | | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | 26 | | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH |
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| 1 | | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
| 2 | | ABOVE:
| 3 | | (1) Under Illinois or federal law, the exemptions of | 4 | | personal property
owned by the debtor include the debtor's | 5 | | equity interest, not to exceed $4,000
in value, in any | 6 | | personal property as chosen by the debtor; Social Security | 7 | | and
SSI benefits; public assistance benefits; unemployment | 8 | | compensation benefits;
worker's compensation benefits; | 9 | | veteran's benefits; circuit breaker property
tax relief | 10 | | benefits; the debtor's equity interest, not to exceed | 11 | | $2,400 in
value, in any one motor vehicle, and the | 12 | | debtor's equity interest, not to
exceed $1,500 in value, | 13 | | in any implements, professional books, or tools of the
| 14 | | trade of the debtor.
| 15 | | (2) Under Illinois law, every person is entitled to an | 16 | | estate in
homestead, when it is owned and occupied as a | 17 | | residence, to the extent in value
of the greater of (1) the | 18 | | countywide median sale price for a single-family home in | 19 | | the calendar year prior to the calendar year in which the | 20 | | judgment debtor claims the exemption, not to exceed | 21 | | $600,000, or (2) $300,000 $15,000 , which homestead is | 22 | | exempt from judgment.
| 23 | | (3) Under Illinois law, the amount of wages that may | 24 | | be applied toward a
judgment is limited to the lesser of | 25 | | (i) 15% of gross weekly wages or (ii) the
amount by which | 26 | | disposable earnings for a week exceed the total of 45 |
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| 1 | | times the
federal minimum hourly wage or, under a wage | 2 | | deduction summons served on or after January 1, 2006, the | 3 | | Illinois minimum hourly wage, whichever is greater.
| 4 | | (4) Under federal law, the amount of wages that may be | 5 | | applied toward a
judgment is limited to the lesser of (i) | 6 | | 25% of disposable earnings for a week
or (ii) the amount by | 7 | | which disposable earnings for a week exceed 30 times the
| 8 | | federal minimum hourly wage.
| 9 | | (5) Pension and retirement benefits and refunds may be | 10 | | claimed as exempt
under Illinois law.
| 11 | | The judgment debtor may have other possible exemptions | 12 | | under the law.
| 13 | | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | 14 | | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | 15 | | judgment debtor also has the right to
seek a declaration at an | 16 | | earlier date, by notifying the clerk in writing at
(insert | 17 | | address of clerk). When so notified, the Clerk of the Court | 18 | | will
obtain a prompt hearing date from the court and will
| 19 | | provide the necessary forms that must be prepared by the | 20 | | judgment debtor or the
attorney for the judgment debtor and | 21 | | sent to the judgment creditor and the
judgment creditor's | 22 | | attorney regarding the time and location of the hearing.
This | 23 | | notice may be sent by regular first class mail."
| 24 | | (b-1) Any citation served upon a judgment debtor who is a | 25 | | natural person shall be served by personal service or abode | 26 | | service as provided in Supreme Court Rule 105 and shall |
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| 1 | | include a copy of the Income and Asset Form set forth in | 2 | | subsection (b-5). | 3 | | (b-5) The Income and Asset Form required to be served by | 4 | | the judgment creditor in subsection (b-1) shall be in | 5 | | substantially the following form: | 6 | | INCOME AND ASSET FORM | 7 | | To Judgment Debtor: Please complete this form and | 8 | | bring it with you to the hearing referenced in the | 9 | | enclosed citation notice. You should also bring to the | 10 | | hearing any documents you have to support the information | 11 | | you provide in this form, such as pay stubs and account | 12 | | statements. The information you provide will help the | 13 | | court determine whether you have any property or income | 14 | | that can be used to satisfy the judgment entered against | 15 | | you in this matter. The information you provide must be | 16 | | accurate to the best of your knowledge. | 17 | | If you fail to appear at this hearing, you could be | 18 | | held in contempt of court and possibly arrested. | 19 | | In answer to the citation proceedings served upon the | 20 | | judgment debtor, he or she answers as follows: | 21 | | Name:..................... | 22 | | Home Phone Number:................. | 23 | | Home Address:.................... | 24 | | Date of Birth:...................... |
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| 1 | | Marital Status:..................... | 2 | | I have.........dependents. | 3 | | Do you have a job? YES NO | 4 | | Company's name I work for:...................... | 5 | | Company's address:.............................. | 6 | | Job: | 7 | | I earn $....... per....... | 8 | | If self employed, list here your business name and | 9 | | address: | 10 | | ............................................. | 11 | | Income from self employment is $......... per | 12 | | year. | 13 | | I have the following benefits with my employer: | 14 | | ............................................. | 15 | | I do not have a job, but I support myself through: | 16 | | Government Assistance $........ per month | 17 | | Unemployment $........ per month | 18 | | Social Security $........ per month | 19 | | SSI $........ per month | 20 | | Pension $........ per month | 21 | | Other $........ per month | 22 | | Real Estate: | 23 | | Do you own any real estate? YES NO | 24 | | I own real estate at.........., with names of other | 25 | | owners |
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| 1 | | ................................................. | 2 | | Additional real estate I own: .................... | 3 | | I have a beneficial interest in a land trust. The name | 4 | | and address of the trustee is:............. The beneficial | 5 | | interest is listed in my name and ........................ | 6 | | There is a mortgage on my real estate. State the | 7 | | mortgage company's name and address for each parcel of | 8 | | real estate owned: | 9 | | ................................................. | 10 | | An assignment of beneficial interest in the land trust | 11 | | was signed to secure a loan from ......................... | 12 | | I have the following accounts: | 13 | | Checking account at ..........; | 14 | | account balance $...... | 15 | | Savings account at ..........; | 16 | | account balance $...... | 17 | | Money market or certificate of deposit at .... | 18 | | Safe deposit box at .......................... | 19 | | Other accounts (please identify): ............ | 20 | | I own: | 21 | | A vehicle (state year, make, model, and VIN): . | 22 | | Jewelry (please specify): .................... | 23 | | Other property described as:...................... | 24 | | Stocks/Bonds..................... | 25 | | Personal computer................ | 26 | | DVD player....................... |
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| 1 | | Television....................... | 2 | | Stove....................... | 3 | | Microwave....................... | 4 | | Work tools....................... | 5 | | Business equipment....................... | 6 | | Farm equipment....................... | 7 | | Other property (please specify): | 8 | | ............................................. | 9 | | Signature:.................... | 10 | | (b-10) Any action properly initiated under this Section | 11 | | may proceed notwithstanding an
absent or incomplete Income and | 12 | | Asset Form, and a judgment debtor may be examined for the | 13 | | purpose of allowing the judgment creditor to discover income | 14 | | and assets belonging to the judgment debtor or in which the | 15 | | judgment debtor has an interest. | 16 | | (c) When assets or income of the judgment debtor not | 17 | | exempt from
the satisfaction of a judgment, a deduction order | 18 | | or garnishment are
discovered, the court may, by appropriate | 19 | | order or judgment:
| 20 | | (1) Compel the judgment debtor to deliver up, to be | 21 | | applied in
satisfaction of the judgment, in whole or in | 22 | | part, money, choses in
action, property or effects in his | 23 | | or her possession or control, so discovered,
capable of | 24 | | delivery and to which his or her title or right of | 25 | | possession is not
substantially disputed.
| 26 | | (2) Compel the judgment debtor to pay to the judgment |
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| 1 | | creditor or
apply on the judgment, in installments, a | 2 | | portion of his or her income, however
or whenever earned | 3 | | or acquired, as the court may deem proper, having due
| 4 | | regard for the reasonable requirements of the judgment | 5 | | debtor and his or her
family, if dependent upon him or her, | 6 | | as well as any payments required to be
made by prior order | 7 | | of court or under wage assignments outstanding; provided
| 8 | | that the judgment debtor shall not be compelled to pay | 9 | | income which would be
considered exempt as wages under the | 10 | | Wage Deduction Statute. The court may
modify an order for | 11 | | installment payments, from time to time, upon application
| 12 | | of either party upon notice to the other.
| 13 | | (3) Compel any person cited, other than the judgment | 14 | | debtor, to
deliver up any assets so discovered, to be | 15 | | applied in satisfaction of
the judgment, in whole or in | 16 | | part, when those assets are held under such
circumstances | 17 | | that in an action by the judgment debtor he or she could | 18 | | recover
them in specie or obtain a judgment for the | 19 | | proceeds or value thereof as
for conversion or | 20 | | embezzlement. A judgment creditor may recover a corporate | 21 | | judgment debtor's property on behalf of the judgment | 22 | | debtor for use of the judgment creditor by filing an | 23 | | appropriate petition within the citation proceedings.
| 24 | | (4) Enter any order upon or judgment against the | 25 | | person cited that
could be entered in any garnishment | 26 | | proceeding.
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| 1 | | (5) Compel any person cited to execute an assignment | 2 | | of any chose in
action or a conveyance of title to real or | 3 | | personal property or resign memberships in exchanges, | 4 | | clubs, or other entities in the
same manner and to the same | 5 | | extent as a court could do in any proceeding
by a judgment | 6 | | creditor to enforce payment of a judgment or in aid of
the | 7 | | enforcement of a judgment.
| 8 | | (6) Authorize the judgment creditor to maintain an | 9 | | action against
any person or corporation that, it appears | 10 | | upon proof satisfactory to
the court, is indebted to the | 11 | | judgment debtor, for the recovery of the
debt, forbid the | 12 | | transfer or other disposition of the debt until an
action | 13 | | can be commenced and prosecuted to judgment, direct that | 14 | | the
papers or proof in the possession or control of the | 15 | | debtor and necessary
in the prosecution of the action be | 16 | | delivered to the creditor or
impounded in court, and | 17 | | provide for the disposition of any moneys in
excess of the | 18 | | sum required to pay the judgment creditor's judgment and
| 19 | | costs allowed by the court.
| 20 | | (c-5) If a citation is directed to a judgment debtor who is | 21 | | a natural person, no payment
order shall be entered under | 22 | | subsection (c) unless the Income and Asset Form was served | 23 | | upon the judgment debtor as required by subsection (b-1), the | 24 | | judgment debtor has had an opportunity to assert exemptions, | 25 | | and the payments are from non-exempt sources. | 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 | 2 | | record a certification of
mailing showing that a copy of the | 3 | | citation and a copy of the citation notice was mailed to the | 4 | | judgment debtor as required by subsection (b).
| 5 | | (d-5) If upon examination the court determines that the | 6 | | judgment debtor does not possess any non-exempt income or | 7 | | assets, then the citation shall be dismissed. | 8 | | (e) All property ordered to be delivered up shall, except | 9 | | as
otherwise provided in this Section, be delivered to the | 10 | | sheriff to be
collected by the sheriff or sold at public sale | 11 | | and the proceeds thereof
applied towards the payment of costs | 12 | | and the satisfaction of the judgment. If the judgment debtor's | 13 | | property is of such a nature that it is not readily delivered | 14 | | up to the sheriff for public sale or if another method of sale | 15 | | is more appropriate to liquidate the property or enhance its | 16 | | value at sale, the court may order the sale of such property by | 17 | | the debtor, third party respondent, or by a selling agent | 18 | | other than the sheriff upon such terms as are just and | 19 | | equitable. The proceeds of sale, after deducting reasonable | 20 | | and necessary expenses, are to be turned over to the creditor | 21 | | and applied to the balance due on the judgment.
| 22 | | (f)(1) The citation may prohibit the party to whom it is | 23 | | directed from
making or allowing any transfer or other | 24 | | disposition of, or interfering with,
any property not exempt | 25 | | from the enforcement of a judgment therefrom, a
deduction | 26 | | order or garnishment, belonging to the judgment debtor or to |
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| 1 | | which he
or she may be entitled or which may thereafter be | 2 | | acquired by or become due to
him or her, and from paying over | 3 | | or otherwise disposing of any moneys not so
exempt which are | 4 | | due or to become due to the judgment debtor, until the further
| 5 | | order of the court or the termination of the proceeding, | 6 | | whichever occurs
first. The third party may not be obliged to | 7 | | withhold the payment of any
moneys beyond double the amount of | 8 | | the balance due sought to be enforced by the
judgment | 9 | | creditor. The court may punish any party who violates the | 10 | | restraining
provision of a citation as and for a contempt, or | 11 | | if the party is a third party
may enter judgment against him or | 12 | | her in the amount of the unpaid portion of
the judgment and | 13 | | costs allowable under this Section, or in the amount of the
| 14 | | value of the property transferred, whichever is lesser.
| 15 | | (2) The court may enjoin any person, whether or not a party | 16 | | to the citation
proceeding, from making or allowing any | 17 | | transfer or other
disposition of, or interference with, the | 18 | | property of the judgment
debtor not exempt from the | 19 | | enforcement of a judgment, a deduction order or
garnishment, | 20 | | or the property or debt not so exempt concerning which any
| 21 | | person is required to attend and be examined until further | 22 | | direction in the
premises. The injunction order shall remain | 23 | | in effect until vacated by the
court or until the proceeding is | 24 | | terminated, whichever first occurs.
| 25 | | (g) If it appears that any property, chose in action, | 26 | | credit or
effect discovered, or any interest therein, is |
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| 1 | | claimed by any person, the court
shall, as in garnishment | 2 | | proceedings, permit or require the claimant to appear
and | 3 | | maintain his or her right. The rights of the person cited
and | 4 | | the rights of any adverse claimant shall be asserted and | 5 | | determined
pursuant to the law relating to garnishment | 6 | | proceedings.
| 7 | | (h) Costs in proceedings authorized by this Section shall | 8 | | be
allowed, assessed and paid in accordance with rules, | 9 | | provided that if the
court determines, in its discretion, that | 10 | | costs incurred by the judgment
creditor were improperly | 11 | | incurred, those costs shall be paid by the judgment
creditor.
| 12 | | (i) This Section is in addition to and does not affect
| 13 | | enforcement of judgments or citation proceedings thereto, by | 14 | | any other
methods now or hereafter provided by law.
| 15 | | (j) This Section does not grant the power to any court to | 16 | | order
installment or other payments from, or compel the sale, | 17 | | delivery,
surrender, assignment or conveyance of any property | 18 | | exempt by statute
from the enforcement of a judgment thereon, | 19 | | a deduction order, garnishment,
attachment, sequestration, | 20 | | process or other levy or seizure.
| 21 | | (k) (Blank).
| 22 | | (k-3) The court may enter any order upon or judgment | 23 | | against the respondent cited that could be entered in any | 24 | | garnishment proceeding under Part 7 of Article XII of this | 25 | | Code. This subsection (k-3) shall be construed as being | 26 | | declarative of existing law and not as a new enactment. |
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| 1 | | (k-5) If the court determines that any property held by a | 2 | | third party respondent is wages pursuant to Section 12-801, | 3 | | the court shall proceed as if a wage deduction proceeding had | 4 | | been filed and proceed to enter such necessary and proper | 5 | | orders as would have been entered in a wage deduction | 6 | | proceeding including but not limited to the granting of the | 7 | | statutory exemptions allowed by Section 12-803 and all other | 8 | | remedies allowed plaintiff and defendant pursuant to Part 8 of | 9 | | Article 12 of this Act.
| 10 | | (k-10) If a creditor discovers personal property of the | 11 | | judgment debtor that is subject to the lien of a citation to | 12 | | discover assets, the creditor may have the court impress a | 13 | | lien against a specific item of personal property, including a | 14 | | beneficial interest in a land trust. The lien survives the | 15 | | termination of the citation proceedings and remains as a lien | 16 | | against the personal property in the same manner that a | 17 | | judgment lien recorded against real property pursuant to | 18 | | Section 12-101 remains a lien on real property. If the | 19 | | judgment is revived before dormancy, the lien shall remain. A | 20 | | lien against personal property may, but need not, be recorded | 21 | | in the office of the recorder or filed as an informational | 22 | | filing pursuant to the Uniform Commercial Code. | 23 | | (l) At any citation hearing at which the judgment debtor | 24 | | appears and seeks
a declaration that certain of his or her | 25 | | income or assets are exempt, the court
shall proceed to | 26 | | determine whether the property which the judgment debtor
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| 1 | | declares to be exempt is exempt from judgment. At any time | 2 | | before the return
date specified on the citation, the judgment | 3 | | debtor may request, in writing, a
hearing to declare exempt | 4 | | certain income and assets by notifying the clerk of
the court | 5 | | before that time, using forms as may be provided by the clerk | 6 | | of the
court. The clerk of the court will obtain a prompt | 7 | | hearing date from the
court and will provide the necessary | 8 | | forms that must be prepared by the
judgment debtor or the | 9 | | attorney for the judgment debtor and sent to the
judgment | 10 | | creditor, or the judgment creditor's attorney, regarding the | 11 | | time and
location of the hearing. This notice may be sent by | 12 | | regular first class mail.
At the hearing, the court shall | 13 | | immediately, unless for good cause shown that
the hearing is | 14 | | to be continued, shall proceed to determine whether the | 15 | | property
which the judgment debtor declares to be exempt is | 16 | | exempt from judgment. The
restraining provisions of subsection | 17 | | (f) shall not apply to any property
determined by the court to | 18 | | be exempt.
| 19 | | (m) The judgment or balance due on the judgment becomes a | 20 | | lien when a
citation is served in accordance with subsection | 21 | | (a) of this Section. The lien
binds nonexempt personal | 22 | | property, including money, choses in action, and
effects of | 23 | | the judgment debtor as follows:
| 24 | | (1) When the citation is directed against the judgment | 25 | | debtor, upon all
personal property belonging to the | 26 | | judgment debtor in the possession or control
of the |
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| 1 | | judgment debtor or which may thereafter be acquired or | 2 | | come due to the
judgment debtor to the time of the | 3 | | disposition of the citation.
| 4 | | (2) When the citation is directed against a third | 5 | | party, upon all personal
property belonging to the | 6 | | judgment debtor in the possession or control of the
third | 7 | | party or which thereafter may be acquired or come due the | 8 | | judgment debtor
and comes into the possession or control | 9 | | of the third party to the time of the
disposition of the | 10 | | citation.
| 11 | | The lien established under this Section does not affect | 12 | | the rights of
citation respondents in property prior to the | 13 | | service of the citation upon them
and does not affect the | 14 | | rights of bona fide purchasers or lenders without
notice of | 15 | | the citation. The lien is effective for the period specified | 16 | | by
Supreme Court Rule.
| 17 | | This subsection (m), as added by Public Act 88-48, is a | 18 | | declaration of
existing law.
| 19 | | (n) If any provision of this Act or its application to any | 20 | | person or
circumstance is held invalid, the invalidity of that | 21 | | provision or application
does not affect the provisions or | 22 | | applications of the Act that can be given
effect without the | 23 | | invalid provision or application.
| 24 | | (o) The changes to this Section made by this amendatory | 25 | | Act of the 97th General Assembly apply only to citation | 26 | | proceedings commenced under this Section on or after the |
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| 1 | | effective date of this amendatory Act of the 97th General | 2 | | Assembly. The requirements or limitations set forth in | 3 | | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not | 4 | | apply to the enforcement of any order or judgment resulting | 5 | | from an adjudication of a municipal ordinance violation that | 6 | | is subject to Supreme Court Rules 570 through 579, or from an | 7 | | administrative adjudication of such an ordinance violation. | 8 | | (Source: P.A. 101-191, eff. 8-2-19.)
| 9 | | (735 ILCS 5/12-901)
(from Ch. 110, par. 12-901)
| 10 | | Sec. 12-901. Amount. Every individual
is entitled to an | 11 | | estate of
homestead to the extent in value of the greater of | 12 | | (1) the countywide median sale price for a single-family home | 13 | | in the calendar year prior to the calendar year in which the | 14 | | judgment debtor claims the exemption, not to exceed $600,000, | 15 | | or (2) $300,000 $15,000 of his or her
interest in
a farm or lot | 16 | | of land and
buildings thereon, a condominium, or personal | 17 | | property,
owned or rightly possessed by lease or otherwise
and | 18 | | occupied by him or her as a residence, or in a cooperative that | 19 | | owns
property that the individual uses as a residence. That
| 20 | | homestead and all
right in and title to that homestead is | 21 | | exempt from
attachment, judgment, levy,
or judgment sale for | 22 | | the payment of his or her debts or other purposes and
from the | 23 | | laws of conveyance, descent, and legacy, except as provided in | 24 | | this
Code or in Section 20-6 of
the Probate Act of
1975. This
| 25 | | Section is not
applicable
between joint tenants or tenants in |
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| 1 | | common but it is applicable as to any
creditors of those | 2 | | persons.
If 2 or more individuals own property that is exempt | 3 | | as a homestead, the
value of the exemption of each individual | 4 | | may not exceed his or her
proportionate share of the greater of | 5 | | (1) the countywide median sale price for a single-family home | 6 | | in the calendar year prior to the calendar year in which the | 7 | | judgment debtor claims the exemption, not to exceed $600,000, | 8 | | or (2) $300,000 $30,000 based upon percentage of
ownership.
| 9 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 10 | | (735 ILCS 5/12-904)
(from Ch. 110, par. 12-904)
| 11 | | Sec. 12-904. Release, waiver , or conveyance. No release, | 12 | | waiver , or conveyance of the estate so exempted shall be
| 13 | | valid, unless the same is in writing, signed by the individual
| 14 | | and his
or her spouse, if he or she have one, or possession is | 15 | | abandoned or
given pursuant to the conveyance; or if the | 16 | | exception is continued to a
child or children without the | 17 | | order of a court directing a release
thereof; but if a | 18 | | conveyance is made by an individual
as grantor to his
or her | 19 | | spouse, such conveyance shall be effectual to pass the title
| 20 | | expressed therein to be conveyed thereby, whether or not the | 21 | | grantor in
such conveyance is joined therein by his or her | 22 | | spouse.
In any case
where such release, waiver , or conveyance | 23 | | is taken by way of
mortgage or security, the same shall only be | 24 | | operative as to such
specific release, waiver , or conveyance; | 25 | | and when the same includes
different pieces of land, or the |
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| 1 | | homestead is of greater value than the greater of (1) the | 2 | | countywide median sale price for a single-family home in the | 3 | | calendar year prior to the calendar year in which the judgment | 4 | | debtor claims the exemption, not to exceed $600,000, or (2) | 5 | | $300,000
$15,000 , the other lands shall first be sold before | 6 | | resorting to
the
homestead, and in case of the sale of such | 7 | | homestead, if any balance
remains after the payment of the | 8 | | debt and costs, such balance
shall, to the extent of the | 9 | | greater of (1) the countywide median sale price for a | 10 | | single-family home in the calendar year prior to the calendar | 11 | | year in which the judgment debtor claims the exemption, not to | 12 | | exceed $600,000, or (2) $300,000 $15,000 be exempt, and be | 13 | | applied upon
such
homestead exemption in the manner provided | 14 | | by law.
| 15 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 16 | | (735 ILCS 5/12-906)
(from Ch. 110, par. 12-906)
| 17 | | Sec. 12-906. Proceeds of sale. When a homestead is | 18 | | conveyed by the owner
thereof, such
conveyance shall not | 19 | | subject the premises to any lien or encumbrance incumbrance to
| 20 | | which it would not be subject in the possession of such owner; | 21 | | and the
proceeds thereof, to the extent of the amount of the | 22 | | greater of (1) the countywide median sale price for a | 23 | | single-family home in the calendar year prior to the calendar | 24 | | year in which the judgment debtor claims the exemption, not to | 25 | | exceed $600,000, or (2) $300,000 $15,000 , shall
be
exempt from |
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| 1 | | judgment or other process, for one year after the receipt
| 2 | | thereof, by the person entitled to the exemption, and if | 3 | | reinvested in a
homestead the same shall be entitled to the | 4 | | same exemption as the
original homestead.
| 5 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 6 | | (735 ILCS 5/12-909)
(from Ch. 110, par. 12-909)
| 7 | | Sec. 12-909. Bid for less than exempted amount. No sale | 8 | | shall be made
of the premises on such judgment
unless a greater | 9 | | sum than the greater of (1) the countywide median sale price | 10 | | for a single-family home in the calendar year prior to the | 11 | | calendar year in which the judgment debtor claims the | 12 | | exemption, not to exceed $600,000, or (2) $300,000 $15,000 is | 13 | | bid therefor. If a
greater sum is not so bid, the judgment may | 14 | | be set aside or modified, or
the enforcement of the judgment | 15 | | released, as for lack of property.
| 16 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 17 | | (735 ILCS 5/12-910)
(from Ch. 110, par. 12-910)
| 18 | | Sec. 12-910. Proceedings to enforce judgment. If in the | 19 | | opinion of the
judgment creditors, or the officer holding a | 20 | | certified copy of a judgment
for enforcement against such | 21 | | individuals, the premises claimed by him or her
as exempt are | 22 | | worth more than the greater of (1) the countywide median sale | 23 | | price for a single-family home in the calendar year prior to | 24 | | the calendar year in which the judgment debtor claims the |
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| 1 | | exemption, not to exceed $600,000, or (2) $300,000 $15,000 , | 2 | | such officer shall summon
3 individuals,
as commissioners, who | 3 | | shall, upon oath, to be administered
to them by the officer, | 4 | | appraise the premises, and if, in their opinion,
the property | 5 | | may be divided without damage to the interest of the
parties, | 6 | | they shall set off so much of the premises, including the | 7 | | dwelling
house, as in their opinion is worth the greater of (1) | 8 | | the countywide median sale price for a single-family home in | 9 | | the calendar year prior to the calendar year in which the | 10 | | judgment debtor claims the exemption, not to exceed $600,000, | 11 | | or (2) $300,000 $15,000 , and the
residue of the premises may be | 12 | | advertised and sold by such officer. Each
commissioner shall | 13 | | receive for his or her services the sum of $5 per day
for each | 14 | | day necessarily engaged in such service. The officer summoning | 15 | | such
commissioners shall receive such fees as may be allowed | 16 | | for serving
summons, but shall be entitled to charge mileage | 17 | | for only the actual
distance traveled from the premises to be | 18 | | appraised, to the residence of
the commissioners summoned. The | 19 | | officer shall not be required
to summon commissioners until | 20 | | the judgment creditor, or someone some one for him
or her, | 21 | | shall advance to the officer one day's fees for the | 22 | | commissioners,
and unless the creditor shall advance such fees | 23 | | the officer shall not be
required to enforce the judgment. The | 24 | | costs of such appraisement shall not
be taxed against the | 25 | | judgment debtor unless such appraisement
shows that the | 26 | | judgment debtor has property subject to such judgment.
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| 1 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 2 | | (735 ILCS 5/12-911)
(from Ch. 110, par. 12-911)
| 3 | | Sec. 12-911. Notice to judgment debtor. In case the value | 4 | | of the premises
is, in the opinion of the commissioners, more | 5 | | than the greater of (1) the countywide median sale price for a | 6 | | single-family home in the calendar year prior to the calendar | 7 | | year in which the judgment debtor claims the exemption, not to | 8 | | exceed $600,000, or (2) $300,000 $15,000 , and
cannot be
| 9 | | divided as is provided for in Section 12-910 of this Act, they | 10 | | shall make
and sign an appraisal of the value thereof, and | 11 | | deliver the same to the
officer, who shall deliver a copy | 12 | | thereof to the judgment debtor, or to
some one of the family of | 13 | | the age of 13 years or upwards, with a
notice thereto attached | 14 | | that
unless the judgment debtor pays to such officer the | 15 | | surplus over and above the greater of (1) the countywide | 16 | | median sale price for a single-family home in the calendar | 17 | | year prior to the calendar year in which the judgment debtor | 18 | | claims the exemption, not to exceed $600,000, or (2) $300,000
| 19 | | $15,000 on the amount due on the judgment within 60 days
| 20 | | thereafter, such
premises will be sold.
| 21 | | (Source: P.A. 94-293, eff. 1-1-06.)
| 22 | | (735 ILCS 5/12-912)
(from Ch. 110, par. 12-912)
| 23 | | Sec. 12-912. Sale of premises - Distribution of proceeds. | 24 | | In case of such
surplus, or the amount due on the judgment is
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| 1 | | not paid within the 60 days, the officer may advertise and sell | 2 | | the premises,
and out of the proceeds of such sale pay to such | 3 | | judgment debtor the sum
of the greater of (1) the countywide | 4 | | median sale price for a single-family home in the calendar | 5 | | year prior to the calendar year in which the judgment debtor | 6 | | claims the exemption, not to exceed $600,000, or (2) $300,000 | 7 | | $15,000 , and apply the balance on the judgment.
| 8 | | (Source: P.A. 94-293, eff. 1-1-06.)
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