(625 ILCS 5/3-827) (from Ch. 95 1/2, par. 3-827)
Sec. 3-827.
(Repealed).
(Source: Repealed by P.A. 88-415.)
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(625 ILCS 5/3-828) (from Ch. 95 1/2, par. 3-828)
Sec. 3-828.
Lien for violations.
Any vehicle used in violation of the provision of this Act shall be
subject to a lien for the full amount of all unpaid registration fees, flat
weight taxes, and penalties. Such lien shall not release the offender from
the full payment of all such fees, taxes, penalties and damages. The lien
shall attach at the time of operation of any such vehicle within this State
and shall remain effective until all unpaid registration fees, flat weight
taxes, penalties and audit fees are paid, or until the vehicle is sold for
the payment thereof. Such liens shall be superior to any other lien except
that:
(a) no lien for any amounts due or assessed pursuant to this Section
shall be enforceable against any vehicle which prior to such assessment had
been transferred in good faith to a bona fide transferee for value;
(b) the lien of any amounts due or assessed shall be subject to a prior
lien of any indebtedness existing against such vehicle which is noted on
the certificate of title of such vehicle issued under this Act, or as to a
vehicle from another jurisdiction, if written notice thereof is filed with
the Secretary of State before such lien becomes operative and if
(1) Such prior indebtedness was incurred in good faith to secure all or
a portion of the purchase price of such vehicle, and
(2) Such prior indebtedness is secured by a chattel mortgage or
conditional sales agreement duly filed or perfected in this State pursuant
to law and such chattel mortgage or conditional sales was not given
directly or indirectly, to any officer, director or shareholder of a
corporation, or to a partner of a partnership, or to a trustee or
beneficiary of a trust, owning or having the lawful use or control of such
vehicle, whether as a purchase money mortgage or otherwise.
The lien imposed under this Section shall be enforceable as to any
equity after the encumbrance of any such chattel mortgage or conditional
sales contract, and in the event any such vehicle subject to a lien
hereunder is repossessed by a chattel mortgagee or a conditional vendor,
such vehicle shall not be sold at any public or private sale unless at
least 5 days written notice by registered mail is served upon the Secretary
of State.
The Secretary of State, upon perfecting a prior lien hereunder for any
flat weight taxes required to be paid under Section 3-815 may in his
discretion waive the requirement for the surety bond specified in Section
3-816, providing that the said prior lien is so noted on the certificate of
title for such vehicle or vehicles.
Any surety making payment of a second installment of taxes under Section
3-816 of this Act, may impress a lien similar to that of the Secretary of
State, and such lien may be noted on title records and documents. The
surety shall, however, pay any statutory fees therefor.
(Source: P.A. 77-1464.)
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(625 ILCS 5/3-829) (from Ch. 95 1/2, par. 3-829)
Sec. 3-829.
Foreclosure of Lien - Service of Processes - Notices.
In any action to foreclose the lien imposed by Section 3-828 service of
process on all known owners and parties in interest shall be made in the
manner now prescribed by law, and, as to all unknown owners and parties in
interest, notice of the pendency of such action shall be given by
publication in some newspaper of general circulation published in the
county where the suit is pending, or if there is no such newspaper, then in
a newspaper of general circulation published in an adjoining county in this
State and having a general circulation in the county in which such suit is
pending. Such notice shall contain the title of the court; the title of the
case, showing the names of all known owners and parties in interest; a
statement that publication is being made as to unknown owners and parties
in interest; and the date on or after which default may be entered against
the defendants.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-830) (from Ch. 95 1/2, par. 3-830)
Sec. 3-830.
Notice of pendency of action - Time and number of publications - Default.
The notice required by Section 3-829 may be given at any time after
commencement of the suit, and shall be published at least once each week
for 3 successive weeks. No default or other proceeding shall be taken
against any defendant as to whom publication was made and who does not
appear, unless the first publication is at least 30 days prior to the time
when the default or other proceeding is sought to be taken.
(Source: P.A. 76-1586 .)
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(625 ILCS 5/3-831) (from Ch. 95 1/2, par. 3-831)
Sec. 3-831.
Secretary to institute suits.
The Secretary of State may institute, in the name of the People of the
State of Illinois, a suit or suits in the circuit court
to enforce the collection of any fees, taxes, interest, penalties or
damages provided for in this Act, or to enjoin violations of this Act.
(Source: P.A. 79-1358 .)
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(625 ILCS 5/3-832) (from Ch. 95 1/2, par. 3-832)
Sec. 3-832.
Service of Process.
The operation, with the consent of the owner, upon the highways of the
State of any motor vehicle of the second division shall be deemed an
appointment by the owner of the driver of the vehicle as the owner's agent
upon whom may be served process in any civil or criminal proceeding against
such owner based upon failure to register, improper registration or failure
to pay the proper fees or taxes with respect to any motor vehicles of the
second division of such owner.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-833) (from Ch. 95 1/2, par. 3-833)
Sec. 3-833.
Unlawful acts.
It shall be unlawful for any person to own or operate a vehicle on the
public highways of this State without complying with this Act.
(Source: P.A. 76-1586.)
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(625 ILCS 5/3-834) (from Ch. 95 1/2, par. 3-834)
Sec. 3-834.
Violations of this Chapter 3.
(a) It is unlawful for any person to violate any of the
provisions of this Chapter 3, except as provided in paragraph
(b)
of this Section, unless such violation is by this Code or other law of
this State declared to be a felony.
(b) Every person convicted of a misdemeanor for a violation of any
of the provisions of this Chapter 3 for which another penalty is not
provided shall for a first and second conviction be guilty of a petty offense;
upon a third or subsequent conviction within one year after
the first conviction such person shall be guilty of a Class C
misdemeanor. Compliance with the registration provisions of this Code
after apprehension or arrest shall not excuse imposition of the
penalties herein provided nor be cause for dismissal of the arrest or of
the summons nor be a basis for setting aside a conviction therefor.
(Source: P.A. 88-476.)
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(625 ILCS 5/Ch. 3 Art. IX heading) ARTICLE IX.
REMITTANCE AGENTS
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