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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/12-1005
(735 ILCS 5/12-1005) (from Ch. 110, par. 12-1005)
Sec. 12-1005.
Liability for seizing exempt property.
If any officer by
virtue of any judgment or process,
or any other person by any right of distress takes or seizes any of
the articles of property exempted from levy and sale, as provided in Part
10 of Article XII of this Act,
such officer or person shall be liable in a civil action to the party damaged for double
the value of the property so illegally taken or seized
and costs of the action.
(Source: P.A. 83-707.)
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735 ILCS 5/12-1006
(735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006)
Sec. 12-1006.
Exemption for retirement plans.
(a) A debtor's interest in or right, whether vested or not, to the
assets held in or to receive pensions, annuities, benefits, distributions,
refunds of contributions, or other payments under a retirement plan is
exempt from judgment, attachment, execution, distress for rent, and seizure
for the satisfaction of debts if the plan (i) is intended in good faith to
qualify as a retirement plan under applicable provisions of the Internal
Revenue Code of 1986, as now or hereafter amended, or (ii) is a public
employee pension plan created under the Illinois Pension Code, as now or
hereafter amended.
(b) "Retirement plan" includes the following:
(1) a stock bonus, pension, profit sharing, annuity, | | or similar plan or arrangement, including a retirement plan for self-employed individuals or a simplified employee pension plan;
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(2) a government or church retirement plan or
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(3) an individual retirement annuity or individual
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(4) a public employee pension plan created under the
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(c) A retirement plan that is (i) intended in good faith to qualify as a
retirement plan under the applicable provisions of the Internal Revenue
Code of 1986, as now or hereafter amended, or (ii) a public employee
pension plan created under the Illinois Pension Code, as now or hereafter
amended, is conclusively presumed to be a spendthrift trust under the law
of Illinois.
(d) This Section applies to interests in retirement plans held by
debtors subject to bankruptcy, judicial, administrative or other
proceedings pending on or filed after August 30, 1989.
(Source: P.A. 86-393; 86-1329.)
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735 ILCS 5/Art. XII Pt. 11
(735 ILCS 5/Art. XII Pt. 11 heading)
Part 11.
Garnishment in Violation of Exemption
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735 ILCS 5/12-1101
(735 ILCS 5/12-1101) (from Ch. 110, par. 12-1101)
Sec. 12-1101.
Sending claim out of State.
Whoever, whether principal,
agent or attorney, with intent thereby to deprive any bona fide resident
of the State of Illinois of his or her rights, under the statutes of
Illinois on the subject of the exemption of property from levy and sale
on a judgment, or in attachment or garnishment, sends, or causes to be
sent out of the State of Illinois any claim for a debt to be collected by
proceedings in attachment, garnishment, or other process, when the
creditor, debtor or person, or corporation owing for the earnings
intended to be reached by such proceedings in attachment are each and
all within the jurisdiction of the courts of the State of Illinois,
shall be guilty of a petty offense and fined for each and every claim so
sent in any sum not less than $10 nor more than $50.
(Source: P.A. 82-280.)
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735 ILCS 5/12-1102
(735 ILCS 5/12-1102) (from Ch. 110, par. 12-1102)
Sec. 12-1102.
Assignment or transfer of claim.
Whoever, either directly
or indirectly, assigns or transfers
any claim for a debt against a citizen of Illinois, for the purpose of
having the same collected by proceedings in attachment, garnishment, or
other process, out of the wages or personal earnings of the debtor, in
courts outside of the State of Illinois, when the creditor, debtor,
person or corporation owing the money intended to be reached by the
proceedings in attachment are each and all within the jurisdiction of
the courts of the State of Illinois, is guilty of a petty offense.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 12
(735 ILCS 5/Art. XII Pt. 12 heading)
Part 12.
Exemption in Bankruptcy
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735 ILCS 5/12-1201
(735 ILCS 5/12-1201) (from Ch. 110, par. 12-1201)
Sec. 12-1201.
Bankruptcy exemption.
In accordance with the provision
of Section 522(b) of
the Bankruptcy Code of 1978, (11 U.S.C. 522(b)), residents of this State
shall be prohibited from using the federal exemptions provided in Section
522(d) of the Bankruptcy Code of 1978 (11 U.S.C. 522(d)), except as may
otherwise be permitted under the laws of Illinois.
(Source: P.A. 82-280.)
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735 ILCS 5/Art. XII Pt. 14
(735 ILCS 5/Art. XII Pt. 14 heading)
Part 14.
Orders to Take into Custody
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735 ILCS 5/12-1401
(735 ILCS 5/12-1401) (from Ch. 110, par. 12-1401)
Sec. 12-1401.
Orders to Take Into Custody.
In any civil case where
an order issues to take any person into custody for any reason, the order shall
contain, if known, the name, date of birth, sex, physical description, and last
known address of the person to be taken into custody. It shall also contain a
statement of the reason the person is to be taken into custody and the
date of issuance. However, nothing herein shall impose a duty upon the court
to discern or seek out any of the information relating to the date of birth,
sex, physical description, or last known address of the person to be taken
into custody which is not provided by a litigant. Moreover, no order is
invalid by reason of its failure to contain any of the information
specified herein except as otherwise required by law.
(Source: P.A. 84-942.)
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735 ILCS 5/Art. XIII
(735 ILCS 5/Art. XIII heading)
ARTICLE XIII
LIMITATIONS
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735 ILCS 5/Art. XIII Pt. 1
(735 ILCS 5/Art. XIII Pt. 1 heading)
Part 1.
Real Actions
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735 ILCS 5/13-101
(735 ILCS 5/13-101) (from Ch. 110, par. 13-101)
Sec. 13-101.
Twenty years - Recovery of land.
No person shall commence
an action for the recovery of
lands, nor make an entry thereon, unless within 20 years after the
right to bring such action or make such entry first accrued, or within
20 years after he, she or those from, by, or under whom he or she claims, have
acquired title or possession of the premises, except as
provided in Sections 13-102 through 13-122 of this Act.
(Source: P.A. 82-280.)
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735 ILCS 5/13-102
(735 ILCS 5/13-102) (from Ch. 110, par. 13-102)
Sec. 13-102.
Breach of condition subsequent.
No person shall commence
an action for the recovery of
lands, nor make an entry thereon, by reason of the breach of a condition
subsequent, unless within 7 years after the time that condition is
first broken. Continuing, successive or recurring breaches
shall not extend the time for commencing the action or making the entry.
Possession shall be deemed to be adverse and hostile from and after the
first breach of a condition subsequent, notwithstanding the occurrence
of successive or recurrent breaches.
(Source: P.A. 82-280.)
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735 ILCS 5/13-103
(735 ILCS 5/13-103) (from Ch. 110, par. 13-103)
Sec. 13-103.
Termination of estate upon limitation.
No person shall
commence an action for the recovery of
lands, nor make an entry thereon, by reason of the termination of an
estate upon limitation or of an estate upon conditional limitation,
unless within 7 years after the termination.
(Source: P.A. 82-280.)
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735 ILCS 5/13-104
(735 ILCS 5/13-104) (from Ch. 110, par. 13-104)
Sec. 13-104.
Under mortgage or lease.
Nothing in Sections 13-102 and
13-103 of this Act affects the time for the
enforcement of any right under or by virtue of a mortgage or lease.
(Source: P.A. 82-280.)
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735 ILCS 5/13-105
(735 ILCS 5/13-105) (from Ch. 110, par. 13-105)
Sec. 13-105.
Twenty years - Computation.
If such right or title first
accrued to an ancestor or
predecessor of the person who brings the action or makes the entry, or
to any person from, by, or under whom he or she claims, the 20 years shall
be computed from the time when the right or title so first accrued.
(Source: P.A. 82-280.)
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735 ILCS 5/13-106
(735 ILCS 5/13-106) (from Ch. 110, par. 13-106)
Sec. 13-106.
Accrual of right of entry or to bring action.
The right
to make an entry or bring an action to recover land
shall be deemed to have first accrued at the times respectively
hereinafter provided:
(a) When any person is wrongfully ousted from possession, his or her
right of entry or of action shall be deemed to have accrued at the time
of such wrongful ouster.
(b) When he or she claims as heir or legatee of an owner in possession
who died, his or her right shall be deemed to have accrued at the time of such
death, unless there is an estate
intervening after the death of such ancestor or testator; in which case
his or her right shall be deemed to accrue when such intermediate estate
expires, or when it would have expired by its own limitations.
(c) When there is such an intermediate estate, and in all other
cases when the party claims by force of any remainder or reversion, his
or her right, so far as it is affected by the limitation herein prescribed,
shall be deemed to accrue when the intermediate or precedent estate
would have expired by its own limitation, notwithstanding any forfeiture
thereof for which he or she might have entered at an earlier time.
(d) Paragraph (c) of this Section shall not prevent a person from entering
when entitled to do so by reason of any forfeiture or breach of
condition; but if he or she claims under such a title, his or her right shall be
deemed to have accrued when the forfeiture was incurred or the condition
was broken.
(e) In all cases not otherwise specially provided for, the right
shall be deemed to have accrued when the claimant, or the person under
whom he or she claims, first became entitled to the possession of the premises
under the title upon which the entry or the action is founded.
(Source: P.A. 84-549.)
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735 ILCS 5/13-107
(735 ILCS 5/13-107) (from Ch. 110, par. 13-107)
Sec. 13-107. Seven years with possession and record title. Except as provided in Section 13-107.1, actions brought
for the recovery of any lands, tenements or
hereditaments of which any person may be possessed by actual residence
thereon for 7 successive years, having a connected title, deductible of
record, from this State or the United States, or from any public officer
or other person authorized by the laws of this State to sell such land
for the non-payment of taxes, or from any sheriff, marshal, or other
person authorized to sell such land for the enforcement of a judgment or
under any order or
judgment of any court shall be brought within 7 years next after
possession is taken, but when the possessor
acquires such title after taking such possession, the limitation shall
begin to run from the time of acquiring title.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-107.1 (735 ILCS 5/13-107.1) Sec. 13-107.1. Two years with possession and record title derived from a judicial foreclosure sale. (a) Actions brought for the recovery of any lands, tenements, or hereditaments of which any person may be possessed for 2 successive years, having a connected title, deductible of record, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to a court order, shall be brought within 2 years after possession is taken. When the purchaser acquires title and has taken possession, the limitation shall begin to run from the date a mortgagee or a purchaser at a judicial foreclosure sale takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law or Article IX of this Code. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. (b) This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-108
(735 ILCS 5/13-108) (from Ch. 110, par. 13-108)
Sec. 13-108.
Right extended to heirs.
The heirs, legatees and assigns of
the person having such
title and possession, shall have the same benefit of the preceding
Section as the person from whom the possession is derived.
(Source: P.A. 82-280.)
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735 ILCS 5/13-109
(735 ILCS 5/13-109) (from Ch. 110, par. 13-109)
Sec. 13-109. Payment of taxes with color of title. Except as provided in Section 13-109.1, every person in the
actual possession of lands or tenements, under claim and color of title, made
in good faith, and who for 7 successive years continues in such possession, and
also, during such time, pays all taxes legally assessed on such lands or
tenements, shall be held and adjudged to be the legal owner of such lands or
tenements, to the extent and according to the purport of his or her paper
title. All persons holding under such possession, by purchase, legacy or
descent, before such 7 years have expired, and who continue such possession,
and continue to pay the taxes as above set forth so as to complete the
possession and payment of taxes for the term above set forth, are entitled to
the benefit of this Section.
(Source: P.A. 100-1048, eff. 8-23-18.)
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735 ILCS 5/13-109.1 (735 ILCS 5/13-109.1) Sec. 13-109.1. Payment of taxes with color of title derived from judicial foreclosure. Every person in the actual possession of lands or tenements, under claim and color of title, as a purchaser at a judicial foreclosure sale, other than a mortgagee, who takes possession pursuant to a court order under the Illinois Mortgage Foreclosure Law, or a purchaser who acquires title from a mortgagee or a purchaser at a judicial foreclosure sale who received title and took possession pursuant to such a court order, and who for 2 successive years continues in possession, and also, during such time, pays all taxes legally assessed on the lands or tenements, shall be held and adjudged to be the legal owner of the lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, legacy, or descent, before such 2 years have expired, and who continue possession, and continue to pay the taxes as above set forth so as to complete the possession and payment of taxes for the term above set forth, are entitled to the benefit of this Section. The vacation or modification, pursuant to the provisions of Section 2-1401, of an order or judgment entered in the judicial foreclosure does not affect the limitation in this Section. This Section applies to actions filed on or after 180 days after the effective date of this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-1048, eff. 8-23-18.) |
735 ILCS 5/13-110
(735 ILCS 5/13-110) (from Ch. 110, par. 13-110)
Sec. 13-110. Vacant land - Payment of taxes with color of title. Whenever
a person having color of title, made in good faith,
to vacant and unoccupied land, pays all taxes legally assessed
thereon for 7 successive years, he or she shall be deemed and
adjudged to be the legal owner of such vacant and unoccupied land, to
the extent and according to the purport of his or her paper title. All
persons holding under such taxpayer, by purchase, legacy or descent,
before such 7 years expired, and who continue to
pay the taxes, as above set out, so as to complete the payment of taxes for
the term, are entitled to the benefit of this Section.
However, if any person, having a better paper title to such
vacant and unoccupied land, during the term of 7 years,
pays the taxes assessed on such land for any one or more years of the
term of 7 years, then such taxpayer, his or her heirs, legatees or assigns,
shall not be entitled to the benefit of this Section.
(Source: P.A. 98-756, eff. 7-16-14.)
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