There Is a Newer Version of the Illinois Compiled Statutes
2005 Illinois 735 ILCS 5/ Code of Civil Procedure. Article XII - Judgments - Enforcement
(735 ILCS 5/12‑101) (from Ch. 110, par. 12‑101)
Sec. 12‑101.
Lien of judgment.
With respect to the creation of liens on
real estate by judgments, all real estate in the State of Illinois is divided
into 2 classes.
The first class consists of all real property, the title to which is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended.
The second class consists of all real property not registered under "An
Act concerning land titles".
As to real estate in class one, a judgment is a lien on the
real estate of the person against whom it is entered for the same
period as in class two, when Section 85 of "An Act concerning land
titles", has been complied with.
As to real estate included within class two, a judgment is a lien on the real
estate of the person against whom it is
entered in any county in this State, including the county in which it is
entered, only from the time a transcript, certified copy or memorandum of
the judgment is filed in the office of the recorder in the county in which
the real estate is located.
The lien may be foreclosed by an action brought in the name of the judgment
creditor or its assignee of record under Article XV in the same manner as a
mortgage of real property, except that the redemption period shall be 6 months
from the date of sale and the real estate homestead exemption under Section
12‑901 shall apply.
A judgment resulting from the entry of an order requiring child support
payments shall be a lien upon the real estate of the person obligated to make
the child support payments, but shall not be enforceable in any county of this
State until a transcript, certified copy, or memorandum of the
lien is filed in the office of the recorder in the county in which the real
estate is located.
Any lien hereunder arising out of an order
for support shall be a lien only as to and from the time that an
installment or payment is due under the terms of the order. Further, the
order for support shall not be a lien on real estate to the extent of
payments made as evidenced by the records of the Clerk of the Circuit Court
or State agency receiving payments pursuant to the order. In the event
payments made pursuant to that order are not paid to the Clerk of the
Circuit Court or a State agency, then each lien imposed by this Section
may be released in the following manner:
(a) A Notice of Filing and an affidavit stating that | ||
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(b) Service of such affidavit shall be by any means | ||
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(c) The Notice of Filing shall set forth the name | ||
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||
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(d) If no affidavit objecting to the release of the | ||
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A judgment is not a lien on real estate for longer than 7 years from the
time it is entered or revived, unless the judgment is revived within 7 years
after its entry or last revival and a memorandum of judgment is filed before
the expiration of the prior memorandum of judgment.
When a judgment is revived it is a lien on the real estate of
the person against whom it was entered in any county in this State from
the time a transcript, certified copy or memorandum of the order of
revival is filed in the office of the recorder in the county in
which the real estate is located.
A foreign judgment registered pursuant to Sections 12‑601 through 12‑618
of this Act is a lien upon the real estate of the person against whom it
was entered only from the time (1) a certified copy of the verified
petition for registration of the foreign judgment or (2) a transcript,
certified copy or memorandum of the final judgment of the court of this
State entered on that foreign judgment is filed in the office of the
recorder in the county in which the real estate is located. However, no
such judgment shall be a lien on any real estate registered under "An Act
concerning land titles", as amended, until Section 85 of that Act has been
complied with.
The release of any transcript, certified copy or memorandum of judgment
or order of revival which has been recorded shall be filed by the person
receiving the release in the office of the recorder in which such
judgment or order has been recorded.
Such release shall contain in legible letters a statement as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL | ||
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The term "memorandum" as used in this Section means a memorandum or copy
of the judgment signed by a judge or a copy attested by the clerk of the
court entering it and showing the court in which entered,
date, amount, number of the case in which it was entered, name of the
party in whose favor and name and last known address of the party
against whom entered. If the address of the party against whom the
judgment was entered is not known, the memorandum or copy of judgment
shall so state.
The term "memorandum" as used in this Section also means a memorandum
or copy of a child support order signed by a judge or a copy attested by
the clerk of the court entering it or a copy attested by the administrative
body entering it.
This Section shall not be construed as showing an intention of the
legislature to create a new classification of real estate, but shall be
construed as showing an intention of the legislature to continue a
classification already existing.
(Source: P.A. 91‑357, eff. 7‑29‑99; 92‑817, eff. 8‑21‑02.)
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(735 ILCS 5/12‑102) (from Ch. 110, par. 12‑102)
Sec. 12‑102.
Judgment against partnership.
A judgment entered against
a partnership in its firm name
is enforceable only against property of the partnership and
does not constitute a lien upon real estate other than that held in the
firm name.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑103) (from Ch. 110, par. 12‑103)
Sec. 12‑103.
Representative capacity.
A judgment entered against a
person not as a result of a contract made by him or her or a tort committed
by him or her but solely because he or she is the holder of title to property
as receiver, trustee of a specifically identified trust,
representative as defined in Section 1‑2.11 of the Probate Act of 1975,
or in any other fiduciary capacity, shall be enforced only against property
held in the particular representative capacity, but no judgment shall be
enforced against nor shall the judgment constitute a lien upon, other property
owned by such person, whether individually or in some other designated identifiable
representative capacity.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑104) (from Ch. 110, par. 12‑104)
Sec. 12‑104.
Time of restraint deducted.
When the party in whose favor
a judgment is entered is
restrained, by injunction, or by stay on appeal, or by the order of a
court, or is delayed, on account of the death of the defendant
from enforcement of the judgment, the time he or she is so restrained
or delayed shall not be considered as any part of the time mentioned in
Section 12‑101 or 12‑108 of this Act.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑105) (from Ch. 110, par. 12‑105)
Sec. 12‑105.
Definition of "real estate".
The term "real estate,"
when used in Part 1 of Article XII of this Act includes
lands, tenements, hereditaments, and all legal and equitable rights and
interests therein and thereto, including estates for the life of the
debtor or of another person, and estates for years, and leasehold
estates, when the unexpired term exceeds 5 years.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑106) (from Ch. 110, par. 12‑106)
Sec. 12‑106.
Enforcement in other counties.
The person
in whose favor any judgment is
entered, may have the judgment enforced by the
proper officer of any county, in this State, against the lands and
tenements, goods and chattels of the person against whom the judgment is
entered, or against his or her body, when the same is authorized by law. Upon
the filing in the office of the clerk of any circuit court in any county in this
State of a transcript of a judgment entered in any other county of this
State, enforcement may be had thereon in that county, in like manner as in
the county where originally entered.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑107) (from Ch. 110, par. 12‑107)
Sec. 12‑107.
Incarceration of judgment debtor.
No order shall be entered
for the incarceration of a judgment debtor as a means of satisfying a money judgment
except when the judgment is entered for a tort committed
by such judgment debtor, and it appears from a special finding of the
jury, or from a special finding by the court, if the case is tried by
the court without a jury, that malice is the gist of the action, and
except when the judgment debtor refuses to deliver up his or her estate for the
benefit of his or her creditors.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑108) (from Ch. 110, par. 12‑108)
Sec. 12‑108.
Limitation on enforcement.
(a) Except as herein provided,
no judgment shall be enforced after the expiration of 7 years from the time
the same is rendered, except upon the revival of the same by a proceeding
provided by Section 2‑1601 of this Act; but real estate, levied upon within
the 7 years, may be sold to enforce the judgment at any time within one
year after the expiration of the 7 years. A judgment recovered in an
action for damages for an injury described in Section 13‑214.1 may be
enforced at any time.
Child support judgments, including those arising by operation of law, may be
enforced at any time.
(b) No judgment shall be enforced against a police officer employed by
a municipality if the corporate authority of the municipality files with the
clerk of the court in which the judgment was entered a statement certifying:
(1) such police officer was employed by the municipality and was within
the scope and course of his employment at the time of the occurrence giving
rise to the action in which the judgment is entered and (2) the municipality
indemnifies the police officer in the amount of the judgment and interest
thereon. In such event, the judgment creditor may enforce the judgment
against the municipality in the same manner and to the same extent as if
the municipality were the judgment debtor.
(Source: P.A. 90‑18, eff. 7‑1‑97.)
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(735 ILCS 5/12‑110) (from Ch. 110, par. 12‑110)
Sec. 12‑110.
Certified copy returnable.
Certified copies of judgments
which are delivered to an appropriate officer for enforcement
shall be returnable within 90 days after the issuance
of the certified copy by the clerk of court.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑111) (from Ch. 110, par. 12‑111)
Sec. 12‑111.
When binding on personalty.
No judgment shall bind the
goods and chattels of the person
against whom it is entered, until a certified copy thereof is delivered
to the sheriff or other
proper officer to be served; and for the better manifestation of the
time, the sheriff or other officer shall, on receipt of such certified copy,
indorse upon the back thereof the day of the month and year and hour
when he or she received the same.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑112) (from Ch. 110, par. 12‑112)
Sec. 12‑112.
What liable to enforcement.
All the lands, tenements, real
estate, goods and chattels (except such as is by law declared to be exempt)
of every person against whom any judgment has been or shall be hereafter
entered in any court, for any debt, damages, costs, or other sum of money,
shall be liable to be sold upon such judgment. Any real property, or any
beneficial interest in a land trust, held in
tenancy by the entirety shall not be liable to be sold upon judgment
entered on or after October 1, 1990 against only one of the tenants, except if
the property was transferred into tenancy by the entirety with the sole intent
to avoid the payment of debts existing at the time of the transfer beyond the
transferor's ability to pay those debts as they become due.
However, any income from such property shall be subject to garnishment as
provided in Part 7 of this Article XII, whether judgment has been entered
against one or both of the tenants.
If the court authorizes the piercing of the ownership veil pursuant to
Section 505 of the Illinois Marriage and Dissolution of Marriage Act or Section
15 of the Illinois Parentage Act of 1984, any assets determined to be those of
the non‑custodial parent, although not held in name of the
non‑custodial parent, shall be subject to attachment or other provisional
remedy in accordance with the procedure prescribed by this Code. The court may
not authorize attachment of
property or any other provisional remedy under this paragraph unless it has
obtained jurisdiction over the entity holding title to the property by proper
service on that entity. With respect to assets which are real property, no
order entered as described in this paragraph shall affect the rights of bona
fide purchasers, mortgagees, judgment creditors, or other lien holders who
acquire their interests in the property prior to the time a notice of lis
pendens pursuant to this Code or a copy of the order is placed of record in the
office of the recorder of deeds for the county in which the real property is
located.
This amendatory Act of 1995 (P.A. 89‑438) is declarative of existing law.
This amendatory Act of 1997 (P.A. 90‑514) is intended as a clarification
of existing law
and not as a new enactment.
(Source: P.A. 89‑88, eff. 6‑30‑95; 89‑438, eff. 12‑15‑95; 90‑476, eff.
1‑1‑98; 90‑514, eff. 8‑22‑97; 90‑655, eff. 7‑30‑98.)
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(735 ILCS 5/12‑113) (from Ch. 110, par. 12‑113)
Sec. 12‑113.
Election of property.
Except as to any sale had by virtue of a judgment
of foreclosure entered in accordance with Article XV, the judgment creditor may elect on
what property not exempt from enforcement of a judgment
he or she will have the same levied,
provided personal property shall be last taken, except that a judgment in
favor of any city, village or incorporated town may, at the option of
the city, village or incorporated town, be levied against either
personal or real property with no restriction as to priority.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑114) (from Ch. 110, par. 12‑114)
Sec. 12‑114.
Sale in separate items.
Except as to any sale had by
virtue of a judgment
of foreclosure entered in accordance with Article XV, when real or personal property
is taken in the enforcement of a judgment, if the property is susceptible
of division it shall be sold in separate tracts,
lots or articles, and only so much shall be sold as is necessary to
satisfy the judgment and costs.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑115) (from Ch. 110, par. 12‑115)
Sec. 12‑115.
Notice of sale of real estate.
Except as to any sale had
by virtue of a judgment of foreclosure entered in accordance with Article
XV, no real estate shall be
sold by virtue of any judgment,
except at public sale, between the hours of 9
in the morning and
the setting of the sun of the same day, nor unless the time (specifying
the particular hour of day at which the sale shall commence) and the
place of holding such sale shall have been previously advertised 3
successive weeks, once in each week, in a newspaper published in the
county where the sale is made (if there is any newspaper published
in such county), and by placing written or printed notices thereof in
at least 3 of the most public places in the county where the real estate
is situated, specifying the name of the judgment creditor and judgment debtor
in the judgment in all of which notices the real estate to be sold shall be
described with reasonable certainty, and if there is more than one
newspaper published in such county, the judgment creditor or his or her
attorney may designate the newspaper in which such notice shall be published.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑116) (from Ch. 110, par. 12‑116)
Sec. 12‑116.
Penalty for neglect of officer.
If any sheriff or other
officer sells any real estate
by virtue of any judgment, otherwise than in the manner provided by law,
or without such previous notice, the officer so offending shall, for
every such offense, forfeit and pay the sum of $50, to be recovered with
costs of the action by the person whose property is sold.
However,
no such offense, nor any irregularity on the part of the
sheriff, or other officer having the certified copy of the judgment for
enforcement, shall affect the
validity of any sale made under it, unless the purchaser had notice thereof.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑119) (from Ch. 110, par. 12‑119)
Sec. 12‑119.
Certificate.
When any real estate is sold by virtue of a
judgment, or enforcement of
mechanic's lien, or vendor's lien, or for the payment of money, the
sheriff or other officer, except as otherwise provided in Part 1 of Article
XII of this Act,
instead of executing a deed for the premises sold, shall give to the
purchaser a certificate describing the premises purchased by him or her,
showing the amount paid therefor, or if purchased by the judgment creditor,
the amount of
his or her bid, and the time when the purchaser will be entitled to a deed
unless the premises are redeemed, as provided in Part 1 of Article XII of this Act.
(Source: P.A. 85‑907.)
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(735 ILCS 5/12‑120) (from Ch. 110, par. 12‑120)
Sec. 12‑120.
Deposit of money ‑ Receipt of other document.
With respect to any sale made in open court, wherever provisions are
made in Part 1 of Article XII of
this Act for any payment of money to or deposit of any receipt
or other document with the officer who made the sale or who sold the
real estate, such payment shall be made to or deposit made with the
sheriff of the county in which the sale is held.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑121) (from Ch. 110, par. 12‑121)
Sec. 12‑121.
Certificate recorded.
The purchaser shall, within
10 days from such sale, file in the office of the recorder of the
county in which the property is situated, such
certificate, which shall be recorded by such recorder; and such
certificate or duplicate, or record, and certified copy of the record
thereof, shall be evidence of the facts therein stated.
(Source: P.A. 84‑314.)
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(735 ILCS 5/12‑122) (from Ch. 110, par. 12‑122)
Sec. 12‑122.
Redemption.
Any defendant, his or her heirs, executors, administrators,
assigns, or
any person interested in the premises, through or under the defendant, may,
except as to any sale had by virtue of a judgment of foreclosure in
accordance with Article XV of this Act, within
6 months from the sale, redeem the real estate so sold by paying to the
purchaser thereof, his or her heirs, executors, administrators or assigns or to the
sheriff or other officer who sold the same, or his or her successor in office, for
the benefit of such purchaser, his or her heirs, executors, administrators,
or assigns,
the sum of money for which the premises were sold or bid off, with interest
thereon at the rate of 10% per annum from the time of such sale, whereupon
such sale and certificate shall be null and void. If there has been a prior
redemption by a judgment creditor, his or her heirs, executors, administrators
or assigns,
then redemption by a defendant, his or her heirs, executors, administrators or assigns,
or any person interested in the premises through or under the defendant, shall be in
accordance with Section 12‑137 of this Act.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑131) (from Ch. 110, par. 12‑131)
Sec. 12‑131.
Certificate of redemption.
Except as to any sale had by virtue of a
judgment of foreclosure entered in accordance with Article XV, in all
cases of redemption of
land from sale had under any
judgment or order, it shall be the duty of the
purchaser, sheriff, or other officer or person from whom such redemption
takes place, to prepare an instrument in writing, under his or her signature and
seal, evidencing the redemption, which shall be recorded in the
recorder's office of the proper county, in like manner as other writings
affecting the title to real estate are filed and recorded, which
recording shall be paid for by the party redeeming.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑132) (from Ch. 110, par. 12‑132)
Sec. 12‑132.
Redemption by creditors.
If a redemption is not made,
pursuant to Section 12‑122 of
this Act where applicable, prior to the making of redemption
under this Section, any judgment creditor, his or her heirs, executors,
administrators or assigns may, after the expiration of 3 months and
within 6 months after the sale, redeem the premises in the following manner: such
creditor, so entitled to redeem, his or her heirs, executors,
administrators or assigns may obtain a certified copy of the judgment,
and place the same with the sheriff or other proper officer for
enforcement, and the sheriff or other proper officer shall endorse upon
the back thereof a levy of the premises desired to be redeemed; and the
person so entitled and desiring to make such redemption shall pay to
such officer the amount for which the premises to be redeemed were sold, with
interest thereon at the rate of 10% per annum from the date of the sale,
for the use of the purchaser of such premises, his or her heirs, executors,
administrators or assigns, whereupon such officer shall prepare and file
in the office of the recorder of the county in which the premises are
situated a certificate of such redemption, and shall advertise and offer
the premises for sale under the judgment as in other cases of sale under
a judgment.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑133) (from Ch. 110, par. 12‑133)
Sec. 12‑133.
Redemption money bid.
The creditor, his or her heirs,
executors, administrators or assigns, having so
redeemed, shall be considered as having bid at such sale the amount of the
redemption money so paid by him or her, with interest thereon at the rate of 6%
per annum from the date of such redemption to the day of sale,
with the cost of such redemption and sale, and if no greater amount is bid
at such sale, the premises shall be struck off to the person making such
redemption. If at the time of issuance thereof, any person is entitled to
redeem under Section 12‑137 of this Act the officer shall forthwith
execute a certificate of purchase to him or her in like form and manner as upon
the first sale, for a deed of the premises so sold. If no person is so
entitled to redeem under Section 12‑137 of this Act, such officer shall
execute a deed of
the premises and no other redemption shall be allowed.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑134) (from Ch. 110, par. 12‑134)
Sec. 12‑134.
Bid at more than redemption money.
If at any sale held pursuant
to Section 12‑132 of this Act,
a greater amount is bid and the premises sold for more
than the amount of such redemption money, interest and costs, the excess
shall be applied on the judgment under which the redemption was made;
and a certificate of the purchase shall be delivered to the new purchaser in
like form and manner as upon the first sale, for a deed of the premises
so sold, in 60 days from the date of such sale, unless the same are
redeemed before the expiration of that time, by some other judgment
creditor, his or her heirs, executors, administrators
or assigns, or by any defendant,
his or her heirs, executors, administrators, assigns, or any person interested
in the premises through or under the defendant, as provided in Section
12‑137 of this Act.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑135) (from Ch. 110, par. 12‑135)
Sec. 12‑135.
Further redemptions.
Successive redemptions may be made
of the premises at any
time within 60 days of the last sale at which they were sold for more
than the amount of the redemption money, interest and costs, and the
premises again sold in the same manner and upon the same terms and
conditions, and certificate shall be made in like form and manner as
upon the sale on the first redemption, and the person redeeming shall be
considered to have bid the amount of his or her redemption money, interest and
costs; and if at any such sale the premises are not sold for a greater
sum, the sheriff or other officer shall forthwith execute a deed to the
purchaser, and no other redemption shall be allowed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑136) (from Ch. 110, par. 12‑136)
Sec. 12‑136.
Preference in redemptions.
When there are several judgment
creditors, the creditor
having the senior judgment shall have the preference to redeem during
the first 2 days after the commencement of the period in which
judgment creditors may redeem, and the other creditors shall
respectively have preference to redeem during a like time, in the order
of seniority of their several judgments; but where 2 or more judgments
bear equal date, the creditor first paying the redemption money shall
have preference.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑137) (from Ch. 110, par. 12‑137)
Sec. 12‑137.
Subsequent redemptions.
Any redemption made under Sections
12‑132 through 12‑136 of this
Act, by any judgment creditor, his or her heirs, executors,
administrators or assigns after the expiration of 3 months and within 6
months after the original sale, is subject to subsequent redemption
within 6 months after the date of the original sale by any defendant,
his or her heirs, executors, administrators, assigns, or any person interested
in the premises through or under the defendant, in the manner provided
in this Section.
In the event there is a redemption by any defendant, his or her heirs,
executors, administrators, assigns, or any person interested in the
premises through or under the defendant, in accordance with Section 12‑122
or this Section 12‑137,
the right to further redemption by any judgment creditor, his or her heirs,
executors, administrators or assigns, is terminated, notwithstanding any
other provisions of this Act. Any such defendant, his or her heirs, executors,
administrators, assigns, or any person interested in the premises
through or under the defendant, having a right to redeem, may redeem by
paying to the sheriff or other proper officer the amount at which the
premises were last redeemed by the judgment creditor, his or her heirs,
executors, administrators or assigns, with interest thereon at the rate
of 10% per annum, from the date of the last redemption; however, if the
premises were sold pursuant to such last redemption for an amount
greater than the redemption money, interest and costs, then the amount
payable shall be the amount for which the premises were sold, together
with interest on that amount at the rate of 10% per annum from the time
of such sale, and costs of sale.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑138) (from Ch. 110, par. 12‑138)
Sec. 12‑138.
Redemptions of parts as sold.
Any person entitled to
redeem may redeem the whole or any part of the premises sold, in like distinct
parcels or quantities in
which the same were sold.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑139) (from Ch. 110, par. 12‑139)
Sec. 12‑139.
Redemption by joint owner.
Except as to any sale had by
virtue of a judgment of foreclosure in accordance with Article XV of this
Code, any joint owner, his or her
heirs, executors, administrators or assigns,
or a judgment creditor of such joint owner, may redeem the interest of
such joint owner in the premises sold under judgment, in the manner and
upon the conditions hereinbefore provided, upon the payment of his or her
proportion of the amount which would be necessary to redeem the whole.
(Source: P.A. 85‑907.)
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(735 ILCS 5/12‑140) (from Ch. 110, par. 12‑140)
Sec. 12‑140.
Redemption on claims allowed in probate.
For the purpose of redemption
from the sale of real estate
of a deceased debtor, any person whose claim has been allowed in probate
against the estate of such deceased debtor, shall be
considered a judgment creditor, and for the purpose of enabling such
creditor to redeem from such sale, a certified copy of the order allowing
the claim issued by the clerk of
the court wherein letters of office were
granted, may be delivered to the sheriff of the proper county, upon redemption
having been made, to levy upon and sell the
premises so sought to be redeemed, and like proceedings shall be had as
upon other judgments.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑141) (from Ch. 110, par. 12‑141)
Sec. 12‑141.
Taxes and assessments during period of redemption.
Except as to any sale had by virtue of a judgment of foreclosure in
accordance with Article XV of this Act, whenever
any real estate is sold under any judgment of
any court, the holder of the certificate of that sale, may pay all taxes and
assessments which are or may become a lien on that real estate during the
time of redemption running on the sale. Whenever redemption is made from
that sale the party or parties entitled to redeem shall pay to the holder
of the certificate of sale, or grantee under such deed, or to the sheriff
or other officer who sold the
real estate, or his successor in office, in addition to the amount due on
the certificate, or deed, the amount paid by the holder thereof or grantee
therein for the taxes and
assessments, together with interest thereon at the rate of 10% per annum, if
before the redemption is made a receipt for those taxes or assessments is
filed with the sheriff or other officer who made the sale or exhibited by
the holder of the certificate if redemption is made directly to the holder
of the certificate, or the grantee in such deed.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑142) (from Ch. 110, par. 12‑142)
Sec. 12‑142.
Realty sold to satisfy junior lien.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at judicial
or judgment sale to enforce a lien thereon and the real estate is
subject to a mortgage lien which is prior and superior to the lien so
foreclosed through that sale, the holder of the certificate of sale,
may from time to time during the
period of redemption pay any interest, principal or other obligation
which is due and payable in accordance with the terms of the superior
mortgage. If redemption is made from the sale, the party or parties
entitled to redeem shall pay to the holder of the certificate of sale,
or grantee under such deed, or to the sheriff or other officer who sold
the real estate or his or her successor in office, in addition to the amount
due on the certificate, or deed, the amount paid by the holder thereof
or grantee therein for interest, principal or other obligation, together
with interest thereon at the rate of 10% per annum, if before the
redemption is made a receipt evidencing the payments of interest,
principal and other obligations is filed with the sheriff or other
officer who made the sale or his or her successor in office or exhibited by the
holder of the certificate or grantee in such deed to the party redeeming
if the redemption payment is made directly to the holder of the
certificate, or the grantee in such deed.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑143) (from Ch. 110, par. 12‑143)
Sec. 12‑143.
Commissions.
No commission upon the amount of the redemption
money paid
in any case shall be allowed to the officer receiving the same, but the
usual commission shall be allowed to the officer selling the premises,
on the excess made over and above the amount of the redemption money
and interest.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑144) (from Ch. 110, par. 12‑144)
Sec. 12‑144.
Certificate assignable.
Every certificate which is given
by any officer to any
purchaser, under the provisions of Part 1 of Article XII of this Act
is assignable by
endorsement thereon, under the signature of such purchaser or his or her heirs,
executors, administrators or assigns, and every person to whom the same
is so assigned is entitled to the same benefits therefrom in
every respect, that the person therein named would be if the same
was not assigned.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑144.5)
Sec. 12‑144.5.
Report of sale and confirmation of sale.
(a) When the premises mentioned in the certificate are
not redeemed in pursuance of law, the legal holder of the
certificate shall promptly make a report to the court that
issued the underlying judgment. The report shall include a
copy of the certificate of sale; an affidavit, under oath,
containing a good faith appraisal of the fair market value
of the property; and a listing of all liens and mortgages
including the value thereof.
(b) Upon motion and notice in accordance with court
rules applicable to motions generally, including notice to
the judgment debtor, the court issuing the underlying
judgment shall conduct a hearing to confirm the sale.
Unless the court finds that (i) notice as required by law
was not given, (ii) the terms of the sale were
unconscionable, (iii) the sale was conducted fraudulently,
or (iv) justice was otherwise not done, the court
shall then enter an order confirming the sale. In making
these findings, the court shall take into account the
purchase price at the sale in relation to the fair market
value of the property less the value of any mortgages and
liens.
(Source: P.A. 91‑924, eff. 1‑1‑01.)
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(735 ILCS 5/12‑145) (from Ch. 110, par. 12‑145)
Sec. 12‑145.
Time of execution of deed.
When the premises mentioned in
such certificate are not
redeemed in pursuance of law, and the court issuing the underlying judgment
has entered an order confirming the sale in accordance with Section 12‑144.5,
the legal holder of the certificate is
entitled to a deed therefor at any time within 5 years from the
expiration of the time of redemption. The deed shall be executed by the
sheriff or other officer who made the sale, or by his or her successor in
office, or by some person specially appointed by the court for the
purpose. If the deed is not taken within the time limited by Part 1 of
Article XII of this Act,
the certificate of purchase is void unless the purchaser under the
certificate of sale has gone into possession of the premises under and
in reliance on the certificate of sale within the 5 year period. If,
however, the deed is wrongfully withheld by the officer whose duty it is
to execute it, or if the execution of the deed is restrained by
injunction or order of a court, the time during which the deed
is so withheld or the execution thereof restrained shall not be considered as
any part of the 5 years within which the holder is required to take a deed.
(Source: P.A. 91‑924, eff. 1‑1‑01.)
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(735 ILCS 5/12‑146) (from Ch. 110, par. 12‑146)
Sec. 12‑146.
Foreclosures subject to prior law.
Any sales of real estate
made pursuant
to a judgment foreclosing a mortgage or trust deed executed on or after
July 1, 1917 and before July 1, 1921 shall be governed by the law in effect
at the time such mortgage or trust deed was executed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑147) (from Ch. 110, par. 12‑147)
Sec. 12‑147.
Form of deed.
The deed may be substantially, in the following
form:
Whereas, A.B. .... in the .... court of .... county recovered a judgment
against C.D. for the sum of .... and costs on (insert date) and a certified copy of the judgment, issued on (insert date), by virtue of which .... levied upon the premises hereinafter
described, and the time and place of the sale thereof having been duly
advertised according to law, the same were struck off and sold to ...., he or
she being the highest and best bidder therefor. (If the certificate has been
transferred, recite the fact.)
Now, therefore, I, ...., of the
county of ...., in consideration of the premises, hereby convey to ....,
his or her heirs and assigns, the following described lot or
parcel of land (here describe the premises) to have and to hold the
same with all the appurtenances thereto belonging forever.
............(Date).................(Signature)
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(735 ILCS 5/12‑148) (from Ch. 110, par. 12‑148)
Sec. 12‑148.
Effect of deed.
Such deed shall convey to the grantee
therein named all the
title, estate and interest of the judgment debtor, of every nature and kind,
in and to the premises thereby
conveyed, but such deed shall not be construed to contain any covenant
on the part of the officer executing the same.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑149) (from Ch. 110, par. 12‑149)
Sec. 12‑149.
Title acquired at sale.
The right, title and interest
of any purchaser acquired at
a sale made under or pursuant to any judgment in a proceeding in which
the court had jurisdiction of the subject matter and of the parties, and
who was not a party to such proceeding, and the right, title and
interest of any bona fide assignee or pledgee for value of the
certificate of sale under such certificate issued pursuant to a sale
based on such judgment rendered in such proceeding who was not a party
to such proceeding (whether the purchaser at such sale was a party or
not), shall not be affected by any reversal, modification or order
setting aside such judgment made in any proceeding to review such
judgment, unless at the time of such sale, assignment or pledge, an
appeal was pending which operated as a stay of enforcement of the judgment
or a petition under
Section 2‑1401 of this Act had been filed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑150) (from Ch. 110, par. 12‑150)
Sec. 12‑150.
Deed as evidence.
Any deed which has been heretofore,
or which may hereafter
be so executed, or which has been executed pursuant to Article XV of
this Act, or a certified copy of the record thereof,
shall be prima facie evidence that the provisions of the law in relation
to the sale of the property for which it is or may be given were
complied with; and in case of the loss or destruction of the record of
the judgment, or levy thereon, such deed or
certified copy of the record thereof shall be prima facie evidence of
the entry and existence of the judgment and levy thereunder as therein recited.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑152) (from Ch. 110, par. 12‑152)
Sec. 12‑152.
Certificate of levy.
When a certified copy of a judgment
is issued from a circuit court of any
county in this State, and levied upon any real estate, the officer making such
levy shall execute a certificate thereof and file the same in the office of
the recorder of the county in which such real estate is located or in
the office of the registrar of titles of such county if the real estate
levied upon is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. Unless a transcript, certified copy or
memorandum has been filed in the office of the recorder or in
the office of the registrar of titles of such county, as the case may
be, as provided by Section 12‑101 of this Act, no judgment
or order shall become a lien upon either nonregistered or registered
real property until such certificate of levy has been filed as provided
in this Section and, if the real property levied upon is registered, a
memorial thereof is entered upon the register of the last certificate of
title to be affected.
(Source: P.A. 83‑358.)
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(735 ILCS 5/12‑153) (from Ch. 110, par. 12‑153)
Sec. 12‑153.
Form of certificate.
The certificate may be substantially
in the following form:
STATE OF ILLINOIS,) ) ss...... County. )
I (here state the name of the officer and the title of his or her office) do
hereby certify that by virtue of a judgment from the .... court of .... county,
in favor of ...., against ...., dated (insert date), I did, on (insert date),
levy upon the following premises. (Here describe the premises.)
(Signature.)
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(735 ILCS 5/12‑154) (from Ch. 110, par. 12‑154)
Sec. 12‑154.
Recordation of certificate.
Such certificate shall be
recorded by the recorder, in a
book to be kept for that purpose. The fee for recording such certificate
shall be collected as other costs.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑155) (from Ch. 110, par. 12‑155)
Sec. 12‑155.
Death of judgment creditor.
The collection of a judgment shall not
be delayed or hindered, or the lien created by law abate, by reason of
the death of any person in whose favor such judgment stands; but the
executor or administrator
may cause his or her letters of office
to be filed
in such court, after which the judgment may be enforced and proceeding had in
the name of the executor or administrator as such, in the same manner as
if the judgment had been recovered in his or her name.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑156) (from Ch. 110, par. 12‑156)
Sec. 12‑156.
Representative may purchase realty.
When it is necessary
in order to secure the collection of a judgment belonging to any estate
the executor or administrator shall bid for and become the purchaser of
real estate at the sale thereof by the sheriff, or other officer. The premises
so purchased shall be assets in his or her possession, and may be again
sold by him or her, with the approval of the circuit court, and the moneys
arising from such sale shall be accounted for and paid over as other moneys
in his or her possession.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑157) (from Ch. 110, par. 12‑157)
Sec. 12‑157.
Death of judgment debtor.
If a person dies, after a
court enters on judgment for the payment of money against him or her, the
judgment may be enforced against the real estate of such deceased person,
or a sale may be made under such judgment, without reviving the judgment
against his or her heirs, legatees or legal representatives. No sale
shall be made until after the expiration of 12 months from the death of
such deceased person, nor shall any sale be had on such judgment until the
person in whose
favor the judgment is sought to be enforced shall give to the executor or
administrator, or if there is neither, the heirs of the deceased, at least
3 months' notice of the existence of such judgment, before proceeding to
sell, which notice shall be in writing if the parties required to be notified
reside or may be found within the State, and their place of residence known,
otherwise publication notice shall be given in the same manner as is provided
for other civil cases.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑158) (from Ch. 110, par. 12‑158)
Sec. 12‑158.
Goods and chattels.
All goods and chattels, real and
personal, may be taken and sold to satisfy a judgment, except as otherwise
provided by law.
When any officer levies a judgment on livestock, or other personal property,
which is not immediately replevied or restored to the debtor, such officer
shall provide sufficient sustenance for the support of such livestock and
shall provide for the proper care and storage of such personal property
until it is replevied, sold or discharged from such judgment. The officer
shall receive a reasonable compensation therefor, to be determined by the
court which entered the judgment, to be advanced to him or her, from time
to time, by the judgment creditor, and the amount of such compensation shall
be collected as a part of the costs in the case.
If any goods or chattels levied upon are, in the opinion of the officer
making the levy, of a perishable nature and in danger of immediate waste
or decay, the officer shall request the judgment creditor to obtain from
the court which entered the judgment an order permitting that property to
be sold not later than 24 hours after the levy was made, upon due notice
of sale to the judgment debtor and to the public, as the court in its order
may require. The money from such a sale shall be retained by the sheriff
or other officer until the balance of the property levied upon is sold,
at which time it shall be paid to the judgment creditor with the proceeds
of the sale of the balance of the property. If the judgment creditor fails
or refuses to obtain such an order for sale of perishable property, the
sheriff or other officer making the levy shall be absolved of all responsibility
to any person for loss occasioned by the failure to sell or care for such
perishable property. The request of the sheriff or other officer shall be
in writing and shall be delivered to the judgment creditor
or his or her attorney or agent
and to the judgment debtor if found. If the judgment debtor is not found a copy of the
request shall be posted on the premises where the perishable items are
located. The judgment creditor's motion for an order of sale of perishable property
shall be treated as an emergency motion.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑159) (from Ch. 110, par. 12‑159)
Sec. 12‑159.
Gold and silver.
Current gold or silver coin, or other
legal tender, may be levied upon for the enforcement of a judgment and may
be paid over to the creditor as money collected.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑160) (from Ch. 110, par. 12‑160)
Sec. 12‑160.
Bills.
Bank bills, and all other bills or evidence of
debt, issued by a moneyed corporation and circulated as money, may be levied
upon for the enforcement of a judgment and paid to the creditor, at their
par value, as money collected, if he or she is willing to receive them;
otherwise they shall be sold like other chattels.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑161) (from Ch. 110, par. 12‑161)
Sec. 12‑161.
Security.
If there is reasonable doubt as to the ownership
of the goods, or as to their liability to be levied upon to satisfy the
judgment, the officer may require sufficient security to indemnify him or
her for levying upon them.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑162) (from Ch. 110, par. 12‑162)
Sec. 12‑162.
Delivery bond.
When personal property is levied upon,
or about to be levied upon, if the judgment debtor gives bond with sufficient
security, to be approved by the officer, payable to the creditor, in double
the amount of the judgment, conditioned to deliver the property levied upon
undamaged at the time and place where the same is to be sold, which shall
be named in the condition, the sheriff may allow the property to remain
with the judgment debtor.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑163) (from Ch. 110, par. 12‑163)
Sec. 12‑163.
When property not delivered.
If the property is not delivered
according to the condition of the bond, the officer having the certified
copy of the judgment may proceed to enforce the same in the same manner
as if no levy had been made.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑164) (from Ch. 110, par. 12‑164)
Sec. 12‑164.
Proceedings on delivery bond.
If the officer does not
obtain satisfaction of the judgment, he or she shall return the bond with
the certified copy of the judgment, and the creditor shall be allowed to
recover thereon the amount of the judgment, with interest and costs, or
if the value of the property so levied upon is shown by the judgment debtor
to be less than such judgment and costs, the value thereof, with 10%
damages
for the delay.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(735 ILCS 5/12‑165) (from Ch. 110, par. 12‑165)
Sec. 12‑165.
Second delivery bond.
No second delivery bond shall be
taken in behalf of a judgment debtor so failing to comply with the first,
nor shall a delivery bond be taken of his or her surety without the consent
of the judgment creditor.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑166) (from Ch. 110, par. 12‑166)
Sec. 12‑166.
Notice of sale of personalty.
Before any goods or chattels
are sold to satisfy a judgment, at least 10 days' previous notice of such
sale shall be given by posting notices thereof in 3 of the most public places
in the county where such sale is to be held, specifying the time when and
place where the same are to be sold.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑167) (from Ch. 110, par. 12‑167)
Sec. 12‑167.
Postponing sale.
The officer may postpone such sale from
time to time, not exceeding 10 days at one time, whenever, for want of bidders
or other good cause, he or she deems it for the interest of the parties
concerned. Notice of such postponement may be given at the time and place
fixed for the sale, or by posting notices as hereinbefore provided, but
if the postponement exceeds one day, the officer shall post notices thereof.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑168) (from Ch. 110, par. 12‑168)
Sec. 12‑168.
Return ‑ Liability.
The officer making such sale shall,
in his or her return of the certified copy of the judgment particularly
describe the goods sold, and the sum for which each article was sold; and
if he or she is guilty of fraud in the sale or return, he or she shall be
liable, in a civil action to the party damaged, for 5 times the amount of
the actual damage sustained by reason of such fraud.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑169) (from Ch. 110, par. 12‑169)
Sec. 12‑169.
Marshalling proceeds.
If the goods or chattels sold to
satisfy the judgment have been attached by another creditor or seized on
another judgment either by the same or any other officer, or if before the
payment of the residue, after the satisfaction of the judgment to the debtor,
another attachment or judgment against the judgment debtor is delivered
to the officer who made the sale, the proceeds of the sale shall be applied
to the discharge of the several judgments in the order in which the respective
attachments or judgments become a lien or are entitled by law to share,
and the residue, if any, shall be returned to the debtor or his or her assigns.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑170) (from Ch. 110, par. 12‑170)
Sec. 12‑170.
Levy upon corporate stock.
The share or interest of a
stockholder in any corporation may be levied upon in the enforcement of
a judgment, and sold as hereinafter provided; but in all cases, where such
share or interest has been sold or pledged in good faith for a valuable
consideration, and the certificate thereof has been delivered upon such
sale or pledge, such shares or interest shall not be liable to be levied
upon in the enforcement of a judgment against the vendor, or pledgor, except
for the excess of the value thereof over and above the sum for which the
same may have been pledged and the certificate thereof delivered.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑171) (from Ch. 110, par. 12‑171)
Sec. 12‑171.
Mode of levy on corporate stock.
If the property has
not been attached in the same action, the officer shall leave a copy of
the judgment with the clerk, treasurer or cashier of the company, if there
is such officer, otherwise with any officer or person having the custody
of the books and papers of the corporation; and the property shall be considered
as seized in the enforcement of the judgment when the copy is so left, and
shall be sold in like manner as goods and chattels.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑172) (from Ch. 110, par. 12‑172)
Sec. 12‑172.
Mode of sale of corporate stock.
If the share is already
attached in the same action, the officer shall proceed in seizing and selling
it to satisfy the judgment, in the same manner as in selling goods and chattels.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑173) (from Ch. 110, par. 12‑173)
Sec. 12‑173.
Certificate of corporate officer.
The officer of the
company who keeps a record or account of the shares or interest of the stockholders
therein, shall, upon the exhibiting to him or her of the certified copy
of the judgment, be bound to give a certificate of the number of shares
or amount of the interest held by the judgment debtor. If he or she refuses
to do so, or willfully gives a false certificate thereof, he or she shall
be liable for double the amount of all damages occasioned by such refusal
or false certificate, to be recovered in a civil action, unless the judgment
is satisfied by the judgment debtor.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑174) (from Ch. 110, par. 12‑174)
Sec. 12‑174.
Rights of purchaser.
A certified copy of the judgment
and of the return thereon shall, within 15 days after the sale, be left
with the officer of the company whose duty it is to record transfers of
shares; and the purchaser shall thereupon be entitled to a certificate or
certificates of the shares bought by him or her upon paying the fees therefor
and for recording the transfer.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑175) (from Ch. 110, par. 12‑175)
Sec. 12‑175.
Right to dividends.
If the shares or interest of the
judgment debtor had been attached in the action in which the judgment was
entered, the purchaser shall be entitled to all the dividends which have
accrued after the attachment.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑176) (from Ch. 110, par. 12‑176)
Sec. 12‑176.
Judgments between parties.
Judgments between the same
parties may be set off, one against another, if required by either party,
as prescribed in the following Section.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑177) (from Ch. 110, par. 12‑177)
Sec. 12‑177.
Multiple judgments.
When one of the judgments is delivered
to an officer to be enforced, the debtor therein may deliver his or her
judgment to the same officer, and the officer shall apply it, as far as
it will extend, to the satisfaction of the first judgment, and the balance
due on the larger judgment may be collected and paid in the same manner
as if there had been no set‑off.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑178) (from Ch. 110, par. 12‑178)
Sec. 12‑178.
Cases excepted.
Such set‑off shall not be allowed in
the following cases:
1. When the creditor in one of the judgments is not in the same capacity
and trust as the debtor in the other.
2. When the sum due on the first judgment was lawfully and in good faith
assigned to another person, before the creditor in the second judgment became
entitled to the sum due thereon.
3. When there are several creditors in one judgment, and the sum due on
the other is due from a part of them only.
4. When there are several debtors in one judgment, and the sum due on
the other is due to a part of them only.
5. It shall not be allowed as to so much of the first judgment as is due
to the attorney in that action for his or her fees and disbursements therein.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑183) (from Ch. 110, par. 12‑183)
Sec. 12‑183.
Release of judgment.
(a) Every judgment creditor, his or
her assignee of record or other legal representative having received full
satisfaction or payment of all such sums of money as are really due to him
or her from the judgment debtor on any judgment rendered in a court shall,
at the request of the judgment debtor or his or her legal representative,
execute and deliver to the judgment debtor or his or her legal representative
an instrument in writing releasing such judgment.
(b) If the judgment creditor, his or her assigns of record or other legal
representative to whom tender has been made of all sums of money due him
or her from the judgment debtor including interest, on any judgment entered
by a court, wilfully fails or refuses, at the request of the judgment debtor
or his or her legal representative to execute and deliver to the judgment
debtor or his or her legal representative an instrument in writing releasing
such judgment, the judgment debtor may petition the court in which such
judgment is of record, making tender therewith to the court of all sums
due in principal and interest on such judgment, for the use of the
judgment creditor, his or her executors, administrators or assigns, whereupon
the court shall enter an order satisfying the judgment and releasing all
liens based on such judgment.
(c) For the recording of assignment of any judgment the clerk of the
court in which such judgment is of record is allowed a fee of $2.
(d) A satisfaction of a judgment may be delivered to the judgment debtor,
his or her attorney or to the clerk of the court in which such judgment is of
record.
(e) The clerk shall not be allowed any fee for recording the satisfaction
of judgment. The clerk of the court shall make appropriate notation on the
judgment docket of the book and page where any release or assignment of
any judgment is recorded.
(f) No judgment shall be released of record except by an instrument in
writing recorded in the court in which such judgment is of record. However,
nothing contained in this Section affects in any manner the validity of
any release of judgment made, prior to January 1, 1952, in judgment and
execution dockets by the judgment creditor, his or her attorney, assignee
or other legal representative.
(g) The writ of audita querela is abolished and all relief heretofore
obtainable and grounds for such relief heretofore available, whether by the
writ of audita querela or otherwise, shall be available in every case by
petition hereunder, regardless of the nature of the order or judgment from
which relief is sought or of the proceeding in which it was entered. There
shall be no distinction between actions and other proceedings, statutory or
otherwise, as to availability of relief, grounds for relief or relief
obtainable. The petition shall be filed in the same proceeding in which the
order or judgment was entered and shall be supported by affidavit or other
appropriate showing as to matters not of record. All parties to the
petition shall be notified as provided by rule.
(h) Upon the filing of a release or satisfaction in full satisfaction
of judgment, signed by the party in whose favor the judgment was entered
or his or her attorney, the court shall vacate the judgment, and dismiss
the action.
(i) Any judgment arising out of an order for support shall not be a
judgment to the extent of payments made as evidenced by the records of the
Clerk of the Circuit Court or State agency receiving payments pursuant to
the order. In the event payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or a State agency, then any judgment
arising out of each order for support may be released in the following manner:
(1) A Notice of Filing and an affidavit stating that | ||
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||
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(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(735 ILCS 5/12‑201) (from Ch. 110, par. 12‑201)
Sec. 12‑201.
Procedure.
(a) Whenever a judgment or order of attachment,
entered by any court, shall be levied by any sheriff or coroner upon any
personal property, and such property is claimed by any person other than
the judgment debtor or defendant in such attachment, or is claimed by the
judgment debtor or defendant in attachment as exempt from levy or attachment
by virtue of the exemption laws of the State, by giving to the sheriff or
coroner notice, in writing, of his or her claim, and intention to prosecute
the same, it shall be the duty of such sheriff or coroner to notify the
circuit court of such claim.
(b) The court shall thereupon cause the proceeding to be entered of record,
and the claimant shall be made plaintiff in the proceeding, and the judgment
creditor or plaintiff in attachment shall be made defendant in such proceeding.
(c) The clerk of the circuit court shall thereupon issue a notice, directed
to the judgment creditor or plaintiff in attachment, notifying him or her
of such claim, and of the time and place of trial, which time shall be not
more than 10 days nor less than 5 days from the date of such notice.
(d) Such notice shall be served in the same manner as provided for the
service of summons in other civil cases, at least 5 days before the day
of trial; and if such notice is served less than 5 days before the day of
trial, the trial shall, on demand of either party, be continued for a period
not exceeding 10 days.
(e) In case return is made on such notice that the judgment creditor or
plaintiff in attachment cannot be found, the proceeding shall be continued
for a period not exceeding 90 days, and the judgment creditor or plaintiff
in attachment shall be notified of such proceeding by publication as in
other civil cases.
(f) If the judgment creditor or plaintiff in attachment, or his or her
attorney, shall at least 5 days before the day of trial, file with the clerk
of the circuit court his or her appearance in such proceeding, then it shall
not be necessary to notify such person as above provided.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑202) (from Ch. 110, par. 12‑202)
Sec. 12‑202.
Trial.
The trial shall proceed without written
pleadings in the same manner
as in other civil cases, and
may be by a jury if either
party demands one.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑203) (from Ch. 110, par. 12‑203)
Sec. 12‑203.
Subpoenas.
The clerk of the court shall issue subpoenas for
witnesses at the request of any party or the party's attorney.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑204) (from Ch. 110, par. 12‑204)
Sec. 12‑204.
Trial and judgment.
The court or the jury shall determine
the rights of the parties and the court shall enter judgment accordingly,
and the court shall direct the sheriff or coroner as to the disposition
of the property in the possession of the sheriff or coroner. In case the
property appears to belong to the claimant, when
the claimant is any person other than the judgment debtor or the defendant
in the attachment, or in case the property is found to be exempt from enforcement
of a judgment thereon
or attachment, when the claimant is the judgment debtor or the defendant
in the attachment, judgment shall be entered against the judgment creditor
or plaintiff in the
attachment for the costs, and the property levied on shall
be released, and in case it further appears that such claimant is
entitled to the immediate possession of such property, the court shall
order that such property be delivered to such claimant. If it
appears that the property does not belong to the claimant, or is not
exempt from the enforcement of a judgment thereon or attachment, as the
case may be, judgment shall
be entered against the claimant for costs, and an order shall be entered
that the sheriff or coroner proceed to sell the property levied on. The
judgment in such cases shall be a complete indemnity to the sheriff or coroner
in selling or restoring any such property, as the case may be.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑205) (from Ch. 110, par. 12‑205)
Sec. 12‑205.
Costs.
If the judgment is entered in favor of the claimant
as to part of the
property, and in favor of another party as to part,
then the court shall in its discretion apportion the costs; and the
sheriff, coroner and clerk of the court shall be entitled to the same fees as are
allowed by law for similar services.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑301) (from Ch. 110, par. 12‑301)
Sec. 12‑301.
Contempt for concealing property.
Any person who hides or
conceals any property so that it cannot be taken by virtue
of an order or judgment or, on the officer's request
therefor, refuses to deliver property
to the officer having an order or judgment for the taking of the
property is guilty of contempt of court and subject to punishment
therefor.
(Source: P.A. 83‑352.)
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(735 ILCS 5/12‑401) (from Ch. 110, par. 12‑401)
Sec. 12‑401.
Right of State as judgment creditor.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at a judicial or judgment
sale and such real estate is then subject to a lien or claim for lien in
favor of the People of the State of Illinois, which is junior and inferior
to the lien so enforced or foreclosed by or through that sale, the right
of the State to redeem by virtue of its lien from that sale or from the
lien so foreclosed or enforced ceases and terminates at the end of 12 months
from the date upon which it is filed for record in the Office
of the recorder for the County in which the lands so sold are situated, if
such lands are unregistered, or in the Office of the Registrar of Titles
for such County, if such lands are registered, a certified copy of the original
or duplicate recorded or registered certificate of such sale, such certified
copy being endorsed by the State's Attorney of such County, or his or her
assistant, showing service of a copy of such certificate upon him or her,
and upon such service such officer shall make such endorsement. Service may be made by
United States registered or certified mail.
(Source: P.A. 84‑1462.)
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(735 ILCS 5/12‑403) (from Ch. 110, par. 12‑403)
Sec. 12‑403.
Application.
The provisions of Part 4 of Article XII of
this Act shall not apply to any lien in
favor of the State of Illinois or notice of such lien arising under any
other Act containing provisions relating to the right of the State of
Illinois to redeem real estate sold at judicial or judgment sale.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑404) (from Ch. 110, par. 12‑404)
Sec. 12‑404.
Does not include where State is nominal party.
The term "lien
or claim for lien in favor of the People of
the State of Illinois," as used in Part 4 of Article XII of this Act,
means and includes a lien
or claim for lien in which the State of Illinois is a real party in
interest, and not a lien or claim for lien in the name of the People of
the State of Illinois as nominal plaintiff for the sole use or benefit
of others.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑501) (from Ch. 110, par. 12‑501)
Sec. 12‑501.
Registration of Federal judgments.
Judgments of courts of
the United States held,
within this State, and all process, returns, certificates of the levy of a
process, and records of such courts may be registered, recorded, docketed,
indexed or otherwise dealt with in, the public offices of this State, so
as to make them conform to the rules and requirements relating to
judgments of courts of this State.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑502) (from Ch. 110, par. 12‑502)
Sec. 12‑502.
Lien of Federal judgments.
Upon filing in the office of the
recorder in any
county of this State of a transcript, certified copy or memorandum of a
judgment entered in this State by a court of the
United States, such judgment shall be a lien upon the real
estate of the person against whom the same is entered, in the
county where filed, in like manner as judgments of courts of this State.
The term "memorandum" as used in this Section means a memorandum or copy of
the judgment signed by a judge of the court entering it and
showing the court in which entered, date, amount, case number
of the case in which entered, name of the party in whose favor
and name of the party against whom entered. However, no such
judgment shall be a lien on any real estate, registered under the
provisions of "An Act concerning land titles", approved May 1, 1897, as
amended, until the provisions of Section 85 of that Act have been
complied with.
(Source: P.A. 83‑358.)
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(735 ILCS 5/12‑618) (from Ch. 110, par. 12‑618)
Sec. 12‑618.
Definitions.
As used in Sections 12‑618 through 12‑626 of this Act:
(a) "foreign state" means any governmental unit other than the
United States, or any state, district, commonwealth, territory, insular
possession thereof, or the Panama Canal Zone, the Trust Territory of the
Pacific Islands, or the Ryukyu Islands;
(b) "foreign judgment" means any judgment of a foreign state
granting or denying recovery of a sum of money, other than a judgment
for taxes, a fine or other penalty, or a judgment for support in
matrimonial or family matters.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑619) (from Ch. 110, par. 12‑619)
Sec. 12‑619.
Applications.
Sections 12‑618 through 12‑626 of this Act
apply to any foreign judgment that is final and
conclusive and enforceable where rendered even though an appeal
therefrom is pending or it is subject to appeal.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑620) (from Ch. 110, par. 12‑620)
Sec. 12‑620.
Conclusive and enforceable.
Except as provided in Section
12‑621 of this Act, a foreign judgment meeting
the requirements of Section 12‑619 of this Act is conclusive between the parties to the
extent that it grants or denies recovery of a sum of money. The foreign
judgment is enforceable in the same manner as the judgment of a sister
state which is entitled to full faith and credit.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑621) (from Ch. 110, par. 12‑621)
Sec. 12‑621.
Inconclusiveness of judgments.
(a) A foreign judgment is
not conclusive if
(1) the judgment was rendered under a system which does not provide
impartial tribunals or procedures compatible with the requirements of
due process of law;
(2) the foreign court did not have personal jurisdiction over the
defendant; or
(3) the foreign court did not have jurisdiction over the subject
matter.
(b) A foreign judgment need not be recognized if
(1) the defendant in the proceedings in the foreign court did not
receive notice of the proceedings in sufficient time to enable him or her to
defend;
(2) the judgment was obtained by fraud;
(3) the cause of action on which the judgment is based is repugnant
to the public policy of this State;
(4) the judgment conflicts with another final and conclusive
judgment;
(5) the proceeding in the foreign court was contrary to an agreement
between the parties under which the dispute in question was to be
settled otherwise than by proceedings in that court; or
(6) in the case of jurisdiction based only on personal service, the
foreign court was a seriously inconvenient forum for the trial of the
action.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑622) (from Ch. 110, par. 12‑622)
Sec. 12‑622.
Personal jurisdiction over defendant.
(a) The foreign judgment
shall not be refused recognition for
lack of personal jurisdiction if
(1) the defendant was served personally in the foreign state;
(2) the defendant voluntarily appeared in the proceedings, other
than for the purpose of protecting property seized or threatened with
seizure in the proceedings or of contesting the jurisdiction of the
court over him or her;
(3) the defendant prior to the commencement of the proceedings had
agreed to submit to the jurisdiction of the foreign court with respect
to the subject matter involved;
(4) the defendant was domiciled in the foreign state when the
proceedings were instituted, or, being a body corporate had its
principal place of business, was incorporated, or had otherwise acquired
corporate status, in the foreign state;
(5) the defendant had a business office in the foreign state and the
proceedings in the foreign court involved a cause of action arising out
of business done by the defendant through that office in the foreign
state; or
(6) the defendant operated a motor vehicle or airplane in the
foreign state and the proceedings involved a cause of action arising out
of such operation.
(b) The courts of this State may recognize other bases of
jurisdiction.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑623) (from Ch. 110, par. 12‑623)
Sec. 12‑623.
Pendency of or intention to appeal.
If the defendant satisfies
the court either that an appeal is
pending or that he or she is entitled and intends to appeal from the foreign
judgment, the court may stay the proceedings until the appeal has been
determined or until the expiration of a period of time sufficient to
enable the defendant to prosecute the appeal.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑624) (from Ch. 110, par. 12‑624)
Sec. 12‑624.
Situations outside of this legislation.
Sections 12‑618
through 12‑626 of this Act do not prevent the recognition of a foreign
judgment in situations not covered by these Sections.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑625) (from Ch. 110, par. 12‑625)
Sec. 12‑625.
Construction.
Sections 12‑618 through 12‑626 of this Act
shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact it.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑626) (from Ch. 110, par. 12‑626)
Sec. 12‑626.
Short Title of uniform Act.
Sections 12‑618 through 12‑626
of this Act may be cited as the Uniform Foreign Money‑Judgments
Recognition Act.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑630) (from Ch. 110, par. 12‑630)
Sec. 12‑630.
Short title; Uniform Foreign‑Money Claims Act.
Sections
12‑630 through 12‑645 may be cited as the Uniform Foreign‑Money Claims Act.
In those Sections, "this Act" means the Uniform Foreign‑Money Claims Act.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑631) (from Ch. 110, par. 12‑631)
Sec. 12‑631.
Definitions.
In this Act:
(1) "Action" means a judicial proceeding or arbitration in which a
payment in money may be awarded or enforced with respect to a foreign‑money
claim.
(2) "Bank‑offered spot rate" means the spot rate of exchange at which a
bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on
which money, in accordance with this Act, is:
(i) paid to a claimant in an action or distribution | ||
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(ii) paid to the official designated by law to | ||
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(iii) used to recoup, set‑off, or counterclaim in | ||
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(4) "Distribution proceeding" means a judicial or nonjudicial proceeding
for the distribution of a fund in which one or more foreign‑money claims is
asserted and includes an accounting, an assignment for the benefit of
creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity, and the distribution of an estate, trust,
or other fund.
(5) "Foreign money" means money other than money of the United States
of America.
(6) "Foreign‑money claim" means a claim upon an obligation to pay, or a
claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or
a store of value authorized or adopted by a government or by
inter‑governmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant
to Section 12‑634.
(9) "Person" means an individual, a corporation, government or
governmental subdivision or agency, business trust, estate, trust, joint
venture, partnership, association, 2 or more persons having a joint or
common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may
be converted into money of another country in a free financial market
convenient to or reasonably usable by a person obligated to pay or to state
a rate of conversion. If separate rates of exchange apply to different
kinds of transactions, the term means the rate applicable to the particular
transaction giving rise to the foreign‑money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is
sold by a bank or other dealer in foreign exchange for immediate or next
day availability or for settlement by immediate payment in cash or
equivalent, by charge to an account, or by an agreed delayed settlement not
exceeding 2 days.
(12) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑632) (from Ch. 110, par. 12‑632)
Sec. 12‑632.
Scope.
(a) This Act applies only to a foreign‑money claim
in an action or distribution proceeding.
(b) This Act applies to foreign‑money issues even
if other law under the conflict of laws rules of this
State applies to other issues in the action or
distribution proceeding.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑633) (from Ch. 110, par. 12‑633)
Sec. 12‑633.
Variation by agreement.
(a) The effect of this Act may be varied by agreement of the parties
made before or after commencement of an action or distribution proceeding
or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a
transaction giving rise to a foreign‑money claim and may agree to use
different moneys for different aspects of the transaction. Stating the
price in a foreign money for one aspect of a transaction does not alone
require the use of that money for other aspects of the transaction.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑634) (from Ch. 110, par. 12‑634)
Sec. 12‑634.
Determining money of the claim.
(a) The money in which the parties to a transaction have agreed that
payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the
proper money of the claim, as in each case may be appropriate, is the money:
(1) regularly used between the parties as a matter | ||
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(2) used at the time of a transaction in | ||
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(3) in which the loss was ultimately felt or will be | ||
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(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑635) (from Ch. 110, par. 12‑635)
Sec. 12‑635.
Determining amount of the money of certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by
a specified amount of a different money, the amount to be paid is
determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be
measured by a different money at the rate of exchange prevailing on a date
before default, that rate of exchange applies only to payments made within
a reasonable time after default, not exceeding 30 days. Thereafter,
conversion is made at the bank‑offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the
agreement on which it is based provides that the amount of the debtor's
obligation to be paid in the debtor's money, when received by the creditor,
must equal a specified amount of the foreign money of the country of the
creditor. If, because of unexcused delay in payment of a judgment or
award, the amount received by the creditor does not equal the amount of the
foreign money specified in the agreement, the court or arbitrator shall
amend the judgment or award accordingly.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑636) (from Ch. 110, par. 12‑636)
Sec. 12‑636.
Asserting and defending foreign‑money claim.
(a) A person may assert a claim in a specified foreign money. If a
foreign‑money claim is not asserted, the claimant makes the claim in United
States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in
part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set‑off, recoupment, or counterclaim
in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑637) (from Ch. 110, par. 12‑637)
Sec. 12‑637.
Judgments and awards on foreign‑money claims; times of
money conversion; form of judgment.
(a) Except as provided in subsection (c), a judgment or award on a
foreign‑money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign‑money claim is payable in that
foreign money or, at the option of the debtor, in the amount of United
States dollars which will purchase that foreign money on the conversion
date at a bank‑offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited
on a judgment or award on a foreign‑money claim in the amount of the
foreign money that could be purchased by the dollars at a bank‑offered spot
rate of exchange at or near the close of business on the conversion date
for that payment.
(e) A judgment or award made in an action or distribution proceeding on
both (i) a defense, set‑off, recoupment, or counterclaim and (ii) the
adverse party's claim, must be netted by converting the money of the
smaller into the money of the larger, and by subtracting the smaller from
the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with
subsection (a):
IT IS ADJUDGED AND ORDERED, that Defendant (insert | ||
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(g) If a contract claim is of the type covered by Section 12‑635(a) or
(b), the judgment or award must be entered for the amount of money stated
to measure the obligation to be paid in the money specified for payment or,
at the option of the debtor, the number of United States dollars which will
purchase the computed amount of the money of payment on the conversion date
at a bank‑offered spot rate.
(h) A judgment must be filed and indexed in foreign money in the same
manner, and has the same effect as a lien, as other judgments. It may be
discharged by payment.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑638) (from Ch. 110, par. 12‑638)
Sec. 12‑638.
Conversions of foreign money in distribution proceeding.
The rate of exchange prevailing at or near the close of business on the day
the distribution proceeding is initiated governs all exchanges of foreign
money in a distribution proceeding. A foreign‑money claimant in a
distribution proceeding shall assert its claim in the named foreign money
and show the amount of the United States dollars resulting from a
conversion as of the date the proceeding was initiated.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑639) (from Ch. 110, par. 12‑639)
Sec. 12‑639.
Pre‑judgment and judgment interest.
(a) With respect to a foreign‑money claim, recovery of pre‑judgment or
pre‑award interest and the rate of interest to be applied in the action or
distribution proceeding, except as provided in subsection (b), are matters
of the substantive law governing the right to recovery under the
conflict‑of‑laws rules of this State.
(b) The court or arbitrator shall increase or decrease the amount of
pre‑judgment or pre‑award interest otherwise payable in a judgment or award
in foreign‑money to the extent required by the law of this State governing
a failure to make or accept an offer of settlement or offer of judgment, or
conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign‑money claim bears interest at the
rate applicable to judgments of this State.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑640) (from Ch. 110, par. 12‑640)
Sec. 12‑640.
Enforcement of foreign judgments.
(a) If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is recognized in
this State as enforceable, the enforcing judgment must be entered as
provided in Section 12‑637, whether or not the foreign judgment confers an
option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be filed in accordance with any rule or
statute of this State providing a procedure for its recognition and
enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on
proof thereof, must be credited against the amount of foreign money
specified in the judgment, notwithstanding the entry of judgment in this State.
(d) A judgment entered on a foreign‑money claim only in United States
dollars in another state must be enforced in this State in United States
dollars only.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑641) (from Ch. 110, par. 12‑641)
Sec. 12‑641.
Determining United States dollar value of foreign‑money
claims for limited purposes.
(a) Computations under this Section are for the limited purposes of the
Section and do not affect computation of the United States dollar
equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of
provisional remedies in an action, the value in United States dollars of
assets to be seized or restrained pursuant to a writ of attachment,
garnishment, execution, or other legal process, the amount of United States
dollars at issue for assessing costs, or the amount of United States
dollars involved for a surety bond or other court‑required undertaking,
must be ascertained as provided in subsections (c) and (d).
(c) A party seeking process, costs, bond, or other undertaking under
subsection (b) shall compute in United States dollars the amount of the
foreign money claimed from a bank‑offered spot rate prevailing at or near
the close of business on the banking day next preceding the filing of a
request or application for the issuance of process or for the determination
of costs, or an application for a bond or other court‑required undertaking.
(d) A party seeking the process, costs, bond, or other undertaking under
subsection (b) shall file with each request or application an affidavit or
certificate executed in good faith by its counsel or a bank officer,
stating the market quotation used and how it was obtained, and setting
forth the calculation. Affected court officials incur no liability, after
a filing of the affidavit or certificate, for acting as if the judgment
were in the amount of United States dollars stated in the affidavit or
certificate.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑642) (from Ch. 110, par. 12‑642)
Sec. 12‑642.
Effect of currency revalorization.
(a) If, after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money substitutes a new
money in place of that money, the obligation or the loss is treated as if
expressed or incurred in the new money at the rate of conversion the
issuing country establishes for the payment of like obligations or losses
denominated in the former money.
(b) If substitution under subsection (a) occurs after a judgment or
award is entered on a foreign‑money claim, the court or arbitrator shall
amend the judgment or award by a like conversion of the former money.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑643) (from Ch. 110, par. 12‑643)
Sec. 12‑643.
Supplementary general principles of law.
Unless
displaced by particular provisions of this Act, the principles of law and
equity, including the law merchant, and the law relative to capacity to
contract, principal and agent, estoppel, fraud, misrepresentation, duress,
coercion, mistake, bankruptcy, or other validating or invalidating causes
supplement its provisions.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑644) (from Ch. 110, par. 12‑644)
Sec. 12‑644.
Uniformity of application and construction.
This Act
shall be applied and construed to effectuate its general purpose to make
uniform the law with respect to the subject of this Act among states
enacting it.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑645) (from Ch. 110, par. 12‑645)
Sec. 12‑645.
Transitional provision.
This Act applies to actions and
distribution proceedings commenced after its effective date.
(Source: P.A. 86‑1291.)
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(735 ILCS 5/12‑650) (from Ch. 110, par. 12‑650)
Sec. 12‑650.
Short Title.
Sections 12‑650 through
12‑657 of this Act may be cited as the Uniform
Enforcement of Foreign Judgments Act.
(Source: P.A. 87‑358; 87‑895.)
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(735 ILCS 5/12‑651) (from Ch. 110, par. 12‑651)
Sec. 12‑651.
Definition.
As used in Sections 12‑650
through 12‑657, "foreign judgment" means any
judgment, decree, or order of a court of the United States or of any other
court which is entitled to full faith and credit in this State.
(Source: P.A. 87‑358; 87‑895.)
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(735 ILCS 5/12‑652) (from Ch. 110, par. 12‑652)
Sec. 12‑652.
Filing and Status of Foreign Judgments.
(a) A
copy of any foreign judgment authenticated in accordance with the acts of
Congress or the statutes of this State may be filed in the office of the
circuit clerk for any county of this State. The clerk shall treat the
foreign judgment in the same manner as a judgment of the circuit court for
any county of this State. A judgment so filed has the same effect and is
subject to the same procedures, defenses and proceedings for reopening,
vacating, or staying as a judgment of a circuit court for any county of
this State and may be enforced or satisfied in like manner.
(b) A foreign judgment or lien arising by operation of law, and resulting
from an order requiring child support payments shall be entitled to full faith
and credit in this State, shall be enforceable in the same manner as any
judgment or lien of this State resulting from an order requiring child support
payments, and shall not be required to be filed with the office of the circuit
clerk in any county of this State, except as provided for in Sections 10‑25 and
10‑25.5 of the Illinois Public Aid Code.
(c) A foreign order of protection issued by the court of another state,
tribe, or
United States territory is entitled to full faith and credit in this State, is
enforceable in the same manner as any order of protection issued by a circuit
court for any county of this State, and may be filed with the circuit clerk in
any county of this State as provided in Section 222.5 of the Illinois Domestic
Violence Act of 1986 or Section 22.5 of the Code of Criminal Procedure of 1963.
A
foreign order of protection shall not be required to be filed with the circuit
clerk to be entitled to full faith and credit in this State.
(Source: P.A. 90‑18, eff. 7‑1‑97; 91‑903, eff. 1‑1‑01.)
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(735 ILCS 5/12‑653) (from Ch. 110, par. 12‑653)
Sec. 12‑653.
Notice of Filing.
(a) At the time of the filing of the foreign judgment, the judgment
creditor or his lawyer shall make and file with the circuit clerk an
affidavit setting forth the name and last known post office address of the
judgment debtor, and the judgment creditor.
(b) Promptly upon the filing of a foreign judgment (other than
a
foreign
order of protection) and the affidavit,
the clerk shall mail notice of the filing of the foreign judgment to the
judgment debtor at the address given and shall make a note of the mailing
in the docket. The notice shall include the name and post office address
of the judgment creditor and the judgment creditor's lawyer, if any, in
this State. In addition, the judgment creditor may mail a notice of the
filing of the judgment to the judgment debtor and may file proof of mailing
with the clerk. Lack of mailing notice of filing by the clerk shall not
affect the enforcement proceedings if proof of mailing by the judgment
creditor has been filed.
(c) The clerk shall not mail notice of the filing of a foreign order of
protection to the respondent named in the order.
(Source: P.A. 91‑903, eff. 1‑1‑01.)
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(735 ILCS 5/12‑654) (from Ch. 110, par. 12‑654)
Sec. 12‑654.
Stay.
(a) If the judgment debtor shows the circuit court that an appeal from
the foreign judgment is pending or will be taken, or that a stay of
execution has been granted, the court shall stay enforcement of the foreign
judgment until the appeal is concluded, the time for appeal expires, or the
stay of execution expires or is vacated, upon proof that the judgment
debtor has furnished the security for the satisfaction of the judgment
required by the state in which is was rendered.
(b) If the judgment debtor shows the circuit court any ground upon which
enforcement of a judgment of any circuit court for any county of this State
would be stayed, the court shall stay enforcement of the foreign judgment
for an appropriate period, upon requiring the same security for
satisfaction of the judgment which is required in this State.
(Source: P.A. 87‑358; 87‑895.)
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(735 ILCS 5/12‑655) (from Ch. 110, par. 12‑655)
Sec. 12‑655.
Fees.
(a) Any person filing a foreign judgment
shall pay a fee to the circuit clerk equivalent to the fee which would be
required were the person filing a complaint seeking the amount awarded in
the foreign judgment. Fees for docketing, transcription or other enforcement
proceedings shall be as provided for judgments of the circuit court.
(b) The clerk shall not charge a fee to any person to register a
foreign order of protection.
(Source: P.A. 91‑903, eff. 1‑1‑01.)
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(735 ILCS 5/12‑656) (from Ch. 110, par. 12‑656)
Sec. 12‑656.
Optional Procedure.
The right of a
judgment creditor to bring an action to enforce his judgment instead of
proceeding under this Act remains unimpaired.
(Source: P.A. 87‑358; 87‑895.)
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(735 ILCS 5/12‑657) (from Ch. 110, par. 12‑657)
Sec. 12‑657.
Uniformity of Interpretation.
This Act
shall be so interpreted and construed as to effectuate its general purpose
to make uniform the law of those states which enact it.
(Source: P.A. 87‑358; 87‑895.)
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(735 ILCS 5/12‑701) (from Ch. 110, par. 12‑701)
Sec. 12‑701.
Affidavit for garnishment; Contents.
Upon the filing by a
judgment creditor, its attorney or other designee of (1) an affidavit that the
affiant believes any person is indebted to the judgment debtor, other than for
wages, or has in his or her possession, custody or control any other property
belonging to the judgment debtor, or in which the judgment debtor has an
interest, which person shall be identified as the garnishee, and includes the
last address of the judgment debtor known to the affiant as well as the name of
the judgment debtor, (2) the garnishment notice required by Section 12‑705, and
(3) written interrogatories to be answered by the garnishee with respect to the
indebtedness or other property, the clerk of the court in which the judgment
was entered shall issue summons against the person named in the affidavit
commanding him or her to appear in the court as garnishee and answer the
interrogatories in writing under oath. The interrogatories shall require that
the garnishee certify that a copy of the completed interrogatories, as
specified in subsection (b) of Section 12‑707, has been mailed to the judgment
debtor and shall be in a form consistent with local court rules.
(Source: P.A. 87‑1252.)
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(735 ILCS 5/12‑702) (from Ch. 110, par. 12‑702)
Sec. 12‑702.
(Repealed).
(Source: P.A. 82‑280. Repealed by 89‑364, eff. 1‑1‑96.)
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(735 ILCS 5/12‑703) (from Ch. 110, par. 12‑703)
Sec. 12‑703.
Garnishment of administrators and executors.
Administrators and executors may be summoned as garnishees regarding
indebtedness or other property belonging to any heir or distributee of
any estate, but judgment shall not be rendered against an administrator
or an executor until an order of distribution is entered by the court
which appointed him or her.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑704) (from Ch. 110, par. 12‑704)
Sec. 12‑704.
Exemptions from garnishment.
Benefits and refunds payable
by pension or retirement funds or systems and any assets of employees held
by such funds or systems, and any monies an employee is required to pay
to such funds or systems are exempt and are not subject to garnishment under
Part 7 of Article XII of this Act.
(Source: P.A. 83‑707.)
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(2) The clerk shall mail to the garnishee, at the | ||
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(3) The return receipt must be attached to the | ||
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(4) The clerk shall note the fact of service in a | ||
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(Source: P.A. 94‑293, eff. 1‑1‑06.)
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(735 ILCS 5/12‑706) (from Ch. 110, par. 12‑706)
Sec. 12‑706.
Conditional judgment.
(a) When any person summoned as garnishee fails to appear and answer
as required by Part 7 of Article XII
of this Act, the court may enter a conditional judgment
against the garnishee for the amount due upon the judgment against the
judgment debtor. A summons to confirm the conditional judgment may issue
against the garnishee, returnable in the same manner as provided in
Section 12‑705 of this Act, commanding the garnishee to show cause why the
judgment should not be made final. If the garnishee, after being served
with summons to confirm the conditional judgment or after being notified
as provided in subsection (b) hereof, fails to appear and answer, the
court shall confirm such judgment to the amount of the judgment against
the judgment debtor and award costs. If the garnishee appears and
answers, the same proceedings may be had as in other cases.
(b) If any garnishee becomes a non‑resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non‑resident
defendants in attachments, the garnishee may be notified in the same
manner as a non‑resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in the same
manner as if he or she had been personally served with summons to confirm the
conditional judgment.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑707) (from Ch. 110, par. 12‑707)
Sec. 12‑707.
Duties of garnishee.
(a) To the extent of the amount due upon the judgment and costs, the
garnishee shall hold, subject to the order of the court any non‑exempt
indebtedness or other non‑exempt property in his or her possession, custody
or control belonging to the judgment debtor or in which the
judgment debtor has any interest. The judgment or balance due thereon becomes
a lien on the indebtedness and other property held by the
garnishee at the time of the service of garnishment summons and remains
a lien thereon pending the garnishment proceeding.
(b) The garnishee shall file, on or before the return date, or
within the further time that the court for cause may allow, a written
answer under oath to the interrogatories, setting forth as of the date
of service of the garnishment summons any indebtedness due or to
become due to the judgment debtor and any other property in his, her or its
possession, custody or control belonging to the judgment debtor or in which
the judgment debtor has an interest. The garnishee shall mail, by first class
mail, a copy of the answer to the judgment creditor or its attorney and to the
judgment debtor at the address specified in the affidavit filed under Section
12‑701 of this Act, or at any other address or location of the judgment debtor
known to the garnishee, and shall certify in the answer that it was so mailed
to the judgment debtor.
(Source: P.A. 87‑1252.)
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(735 ILCS 5/12‑708) (from Ch. 110, par. 12‑708)
Sec. 12‑708.
Deductions and set‑offs of garnishee.
The garnishee is entitled to assert against the indebtedness due to the
judgment debtor offsetting claims against either or both the judgment
creditor and the judgment debtor, whether due at the time of service
of the garnishment summons or thereafter to become due and whether
liquidated or unliquidated, except claims for unliquidated damages for
actions sounding in tort. To the extent that other property
belonging to the judgment debtor or in which the judgment debtor has
an interest is pledged to or held by the garnishee in good faith as
security or that the garnishee has other just claim against the
other property, the garnishee is entitled to retain the other property.
The garnishee is liable for the balance of the indebtedness due to the
judgment debtor after the offsetting claims are adjusted and for
the balance of other property after deducting property to which the
garnishee has just claim. The verdict or finding and judgment shall show
the amount of offsetting claims or deductions allowed against each
party.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑709) (from Ch. 110, par. 12‑709)
Sec. 12‑709.
Negotiable paper.
No person shall be liable as a garnishee by reason of having drawn,
accepted, made or endorsed a negotiable instrument in the possession of the
judgment debtor at the time of either (1) service of the garnishment summons
or (2) entry of judgment when the negotiable instrument is not due.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑710) (from Ch. 110, par. 12‑710)
Sec. 12‑710.
Adverse claims; Trial.
(a) In the event any indebtedness or other property due from or in the
possession of a garnishee is claimed by any other person, the court shall
permit the claimant to appear and maintain his or her claim. A claimant not
voluntarily appearing shall be served with notice as the court shall direct.
If a claimant fails to appear after being served with notice in the manner
directed, he or she shall be concluded by the judgment entered in the
garnishment proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor, the judgment debtor, and the garnishee, he or she is then a
party to the garnishment proceeding; and his or her claim shall be tried and
determined with the other issues in the garnishment action. Upon certification
by the Illinois Department of Public Aid that a person who is receiving
support payments under this Section is a public aid recipient, any support
payments subsequently received by the clerk of the court shall be transmitted
to the Illinois Department of Public Aid until the Department gives notice to
cease such transmittal. If the adverse claimant is entitled to all or part of
the indebtedness or other property, the court shall enter judgment in
accordance with the interests of the parties.
(c) Claims for the support of a spouse or dependent children shall
be superior to all other claims for garnishment of property.
(Source: P.A. 87‑1252.)
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(735 ILCS 5/12‑711) (from Ch. 110, par. 12‑711)
Sec. 12‑711.
Contest of answer and trial.
(a) The judgment creditor or the judgment debtor may contest the
truth or sufficiency of the garnishee's answer and the court shall immediately,
unless for good cause the hearing is postponed, proceed to try the issues. The
answer of the garnishee shall be considered denied without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the garnishment or to seek exemptions for
certain moneys or property by notifying the clerk of the court before that
time, using forms as may be provided by the clerk of the court. To obtain
a hearing in counties with a population of 1,000,000 or more, the judgment
debtor must notify the clerk of the court in person and in writing at the
clerk's office before the return date specified in the summons, or appear in
court on the date and time specified in the summons. To obtain a hearing
in counties with a population of less than 1,000,000, the judgment debtor
must notify the clerk of the court in writing at the clerk's office on or
before the return date specified in the summons. The clerk of the court
will provide a prompt hearing date and the necessary forms that must be
prepared by the judgment debtor or the attorney for the judgment debtor and
sent to the judgment creditor and the garnishee, or their attorneys,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail. At the hearing the court shall immediately,
unless for good cause the hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding or verdict is against a garnishee, appropriate judgment
or other orders shall be entered against the garnishee and in favor
of the judgment debtor to whom the garnishee is indebted, or for whom
the garnishee holds property, for the use of the judgment creditor, in
the same manner as if the facts are admitted.
(e) No garnishment order shall be entered in favor of the judgment
creditor unless the certificate of mailing required by subsection (b) of
Section 12‑705 is filed and the garnishee's answer to the
interrogatories certifies that a copy of the answer was mailed to the
judgment debtor in accordance with Section 12‑707 of this Act.
(Source: P.A. 87‑1252.)
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(735 ILCS 5/12‑712) (from Ch. 110, par. 12‑712)
Sec. 12‑712.
Effect of judgment ‑ Discharge no bar.
Judgment against a garnishee shall be enforceable as in other civil
cases and shall discharge the garnishee of all claims by the judgment
debtor for the indebtedness or other property paid, delivered or
accounted for by the garnishee by virtue of the judgment in garnishment.
The discharge of a garnishee is no bar to an action by the judgment
debtor for the same claim.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑713) (from Ch. 110, par. 12‑713)
Sec. 12‑713.
No judgment until debt due.
If the debt from the garnishee to the judgment debtor is not due,
judgment shall not be entered against the garnishee until the debt is
due, either by the terms of the agreement giving rise thereto or by
acceleration as therein provided.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑714) (from Ch. 110, par. 12‑714)
Sec. 12‑714.
Property surrendered in enforcement of a judgment and disposition thereof.
(a) A garnishee having property other than money belonging to the
judgment debtor, which the garnishee is obligated to deliver to the
judgment debtor, shall deliver to the officer holding a certified copy of
the judgment for the enforcement thereof against
the judgment debtor so much thereof as is necessary to satisfy
the amount due upon the judgment and costs.
(b) If mortgaged or pledged property is in the possession of a garnishee,
or property is held for the payment of a debt to the garnishee, the
judgment creditor may, under order of court, pay or tender the amount
due to the garnishee; and the garnishee shall thereupon deliver the
property to the officer holding the certified copy of the judgment for the
enforcement thereof against the judgment
debtor.
(c) Nothing contained in Part 7 of Article XII of this Act shall be
construed to prevent the
garnishee from selling property in his or her possession for the payment of claims
for which it is mortgaged, pledged or otherwise held at any time before
the amount due to the garnishee is paid or tendered, if the sale would be
authorized as between the garnishee and the judgment debtor.
(d) If property is held for purposes other than to secure the
payment of money, and if the promise, condition or other act to be
performed can be performed by the judgment creditor without damage to
other parties, the court may permit performance by the judgment
creditor. Upon performance, or a tender of performance, by the judgment
creditor the garnishee shall deliver the property to the officer holding
the certified copy of the judgment for the enforcement thereof against the
judgment debtor.
(e) Property received by an officer as described in this Section
shall be sold in the same manner as if levied upon for the satisfaction
of a judgment for the payment of money and
from the proceeds of sale the officer shall repay the judgment creditor
the amount paid the garnishee for the redemption, with interest, or
shall indemnify the judgment creditor for acts done or performed
pursuant to order of court in the redemption.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑715) (from Ch. 110, par. 12‑715)
Sec. 12‑715.
Refusal or neglect of garnishee to deliver property.
If a garnishee refuses or neglects to deliver property in his or her possession
when ordered by the court or upon request by the officer holding a certified
copy of the judgment for enforcement thereof
against the judgment debtor, the garnishee may be attached and
punished for contempt; or the court may enter judgment against the garnishee
for the value of
the property or the amount due upon the judgment and costs, whichever is the
lesser, and have same enforced against the garnishee.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑716) (from Ch. 110, par. 12‑716)
Sec. 12‑716.
Costs and fees.
(a) The costs of obtaining a garnishment order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case those
costs shall be paid by the judgment creditor.
(b) No fee shall be paid by a garnishee for filing his, her or its
appearance, answer or satisfaction of judgment against him, her or it.
(c) No fee shall be paid to a garnishee at the time of service of
the garnishment summons or at any time thereafter, unless he or she is
subpoenaed to appear as a witness, in which case he or she is entitled to
witness fees as in other civil cases.
(Source: P.A. 87‑1252.)
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(735 ILCS 5/12‑717) (from Ch. 110, par. 12‑717)
Sec. 12‑717.
Death of garnishee and procedure thereafter.
Upon the death of a garnishee, the procedure shall be the same as in
the case of the death of a defendant in other civil cases.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑718) (from Ch. 110, par. 12‑718)
Sec. 12‑718.
Powers of court.
If the garnishee has in his or her possession, custody or control any
property belonging to the defendant or which he or she is obligated to deliver
to the defendant, with or without condition, the court may enter all
proper orders for the delivery thereof to the proper officer,
the sale or disposition of the same, and the discharging of any lien
thereon, and may authorize the garnishee to collect any indebtedness
or to sell any other property and account for the proceeds. The
court, when necessary to further the purposes and provisions of Part 7
of Article XII of this
Act, may compel the judgment debtor to do or to refrain from doing any
specific act or deed; or the court may appoint a receiver to
collect any indebtedness or to take possession, sell or otherwise
dispose of any other property, and enter all orders in regard thereto
which are necessary and equitable between the parties.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑719) (from Ch. 110, par. 12‑719)
Sec. 12‑719.
Transfer of interest by heir or legatee.
No assignment, transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the garnishment, unless (1) prior to the service of
garnishment summons upon the administrator or executor, the transfer or
other disposition is reduced to writing and (2) the writing is filed in
the office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑801) (from Ch. 110, par. 12‑801)
Sec. 12‑801.
Definitions.
As used in Part 8 of Article XII of this Act:
"Deduction order" means an order entered pursuant to Section 12‑811 of
this Act.
"Employer" means the person named as employer in the affidavit filed
under Section 12‑805.
"Federal agency employer" means an agency of the federal government as
defined in 5 USC 5520a(a)(1), as amended from time to time.
"Judgment creditor" means the recipient of any judgment, except a
judgment by confession which has not been confirmed as provided in Part
8 of Article XII of this Act.
"Judgment debtor" means a person against whom a judgment has been obtained.
"Wages" means any hourly pay, salaries, commissions, bonuses, or other
compensation owed by an employer to a judgment debtor.
(Source: P.A. 89‑28, eff. 6‑23‑95.)
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(735 ILCS 5/12‑802) (from Ch. 110, par. 12‑802)
Sec. 12‑802.
Force and effect of order.
A deduction order entered under
Part 8 of Article XII of this Act shall have the force
and effect and be enforceable as a judgment.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑804) (from Ch. 110, par. 12‑804)
Sec. 12‑804.
Exemptions from deduction orders.
Benefits and refunds
payable by pension or retirement funds or systems and any assets of employees
held by such funds or systems, and any monies an employee is required to
contribute to such funds or systems are exempt and are not subject to a
deduction order under Part 8 of Article XII of this Act. A plan governed
by the Employee Retirement Income Security Act of 1974 shall be considered
a retirement fund for purposes of this Part 8.
(Source: P.A. 87‑1252.)
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(2) Under federal law, the amount of wages that may | ||
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(3) Pension and retirement benefits and refunds may | ||
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You have the right to request a hearing before the court
to dispute the wage deduction because the wages are exempt. To obtain a
hearing in counties with a population of 1,000,000 or more, you
must notify the Clerk of the Court in person and in writing at (insert
address of Clerk) before the Return Date specified above or appear
in court on the date and time on that Return Date. To obtain a
hearing in counties with a population of less than 1,000,000, you
must notify the Clerk of the Court in writing at (insert address of
clerk) on or before the Return Date specified above.
The Clerk of the Court will provide a hearing date and the necessary
forms that must be prepared by you or your attorney and
sent to the judgment creditor and the employer, or their attorney,
regarding the time and location of the hearing. This notice may be sent by
regular first class mail."
(b) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for a
wage deduction may be made as follows:
(1) For each employer to be served, the judgment | ||
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(2) The clerk shall mail to the employer, at the | ||
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(3) The return receipt must be attached to the | ||
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(4) The clerk shall note the fact of service in a | ||
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(c) Instead of personal service, a summons for a wage deduction may
be served and returned in the manner provided by Supreme Court rule for
service, otherwise than by publication, of a notice for additional relief upon
a
party in default.
(Source: P.A. 94‑306, eff. 1‑1‑06.)
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(735 ILCS 5/12‑806) (from Ch. 110, par. 12‑806)
Sec. 12‑806.
Service and return of summons.
Summons shall be returnable
not less than 21 nor more than 40 days after the date of
issuance. Summons
with 4 copies of the interrogatories and one copy of the judgment or
certification and one copy of the wage deduction notice specified in
Section 12‑805 of this Act shall be served on the employer and returned as
in other civil cases.
If the employer is served with summons less than 3 days prior to
the
return date, the court shall continue the case to a new return date not
less than 21 days after the service of the summons.
(Source: P.A. 90‑677, eff. 1‑1‑99.)
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(735 ILCS 5/12‑807) (from Ch. 110, par. 12‑807)
Sec. 12‑807.
Failure of employer to appear.
(a) If an employer fails
to appear and answer as required by Part 8 of Article XII of this Act, the
court may enter a conditional judgment against the
employer for the amount due upon the judgment against the judgment
debtor. A summons to confirm the conditional judgment may issue against
the employer returnable not less than 21 nor more than 30 days after the
date of issuance, commanding the employer to show cause why the judgment
should not be made final. If the employer, after being served with
summons to confirm the conditional judgment or after being notified as
provided in subsection (b) hereof, fails to appear and answer, the court
shall confirm such judgment to the amount of the judgment against the
judgment debtor and award costs. If the employer appears and
answers, the same proceedings may be had as in other cases.
(b) If an employer becomes a non‑resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non‑resident
defendants in attachments, the employer may be notified in the same
manner as a non‑resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in
the same manner as if he or she had been personally served with summons to
confirm the conditional judgment.
(Source: P.A. 86‑603.)
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(735 ILCS 5/12‑808.5)
Sec. 12‑808.5.
Certification of judgment balance.
Whenever a wage
deduction order has not been fully satisfied by the end of the first full
calendar quarter following the date of service of the wage deduction
summons:
(1) The judgment creditor or his attorney shall | ||
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(2) The certification shall be mailed or delivered | ||
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(Source: P.A. 90‑677, eff. 1‑1‑99.)
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(735 ILCS 5/12‑809) (from Ch. 110, par. 12‑809)
Sec. 12‑809.
Offsetting claims.
The employer is entitled to assert
against indebtedness due
to the judgment debtor offsetting claims against either or both the
judgment creditor and the judgment debtor, whether (1) due at the time
of service of the summons or thereafter to become due and (2) liquidated
or unliquidated, except demands for unliquidated claims for actions
sounding in tort. The employer is liable for the balance of indebtedness
due the judgment debtor after the offsetting claims are adjusted. The
verdict or finding and judgment shall show the amount of offsetting
claims or deductions allowed against each party.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑810) (from Ch. 110, par. 12‑810)
Sec. 12‑810.
Adverse claims.
(a) In the event any indebtedness or
other property due from
or in the possession of an employer is claimed by any other person, the court
shall permit the claimant to appear and maintain his or her claim. A claimant
not voluntarily appearing shall be served with notice in person or by
certified or registered mail. If a claimant fails to appear after being
served with notice in the manner directed, he or she shall be concluded by the
judgment entered in the proceeding against any claim on the wages
involved in that proceeding.
(b) If the adverse claimant appears and, within the time the court
allows, files his or her claim and serves a copy thereof upon the judgment
creditor and the employer, he or she is then a party to the proceeding, and his
or her claim shall be tried and determined with the other issues in the action.
If the adverse claimant is entitled to all or part of the indebtedness
or other property, the court shall enter judgment in accordance with the
interest of the parties.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑811) (from Ch. 110, par. 12‑811)
Sec. 12‑811.
Trial and judgment.
(a) The judgment creditor or the judgment debtor may contest the truth or
sufficiency of the employer's answer and, in accordance with local court
rules, the court shall immediately, unless for good cause the hearing is
postponed, proceed to try the issues. The answer of the employer may be
contested without further pleading.
(b) At any time on or before the return date, the judgment debtor may
request a hearing to dispute the wage deduction because the wages are
exempt by notifying the clerk of court before that time, using forms as may
be provided by the clerk of the court. To obtain a hearing
in counties with a population of 1,000,000 or more, the judgment debtor
must notify the clerk of court in person and in writing at the clerk's office
before the return date specified in the summons or appear in court on the
date and time specified in the summons. To obtain a hearing in counties
with a population of less than 1,000,000, the judgment debtor must notify
the clerk of the court in writing at the clerk's office on or before the
return date specified in the summons. The Clerk of Court will provide a
hearing date and the necessary forms that must be prepared by the judgment
debtor or the attorney for the judgment debtor and sent to the judgment
creditor and the employer, or their attorney, regarding the time and
location of the hearing. This notice may be sent by regular first class
mail. At the hearing the court shall immediately, unless for good cause the
hearing is continued, proceed to try the issues.
(c) The trial shall be conducted as in other civil cases.
(d) If the finding is against an employer, a deduction order shall
be entered against the employer and in favor of the judgment debtor to
whom the employer is indebted, in the same manner as if the facts are
admitted.
(e) No deduction order shall be entered in favor of the judgment
creditor unless the affidavit filed by the judgment creditor certifies that
a copy of the wage deduction notice has been mailed to the judgment debtor,
under Section 12‑805, and the employer's answer provides a summary of the
computation used to determine the amount of non‑exempt wages.
If the employer is a federal agency employer, a deduction order shall be
entered in favor of the judgment creditor if (i) the affidavit filed by the
judgment creditor certifies that a copy of the wage deduction notice has been
mailed to the judgment debtor under Section 12‑805 and (ii) the federal agency
employer identifies, on or with its periodic payments made under subsection
(b‑5) of Section 12‑808, the computation method used to determine the amount of
non‑exempt wages. A federal agency employer shall not be required to provide a
summary of the computation used to determine the amount of non‑exempt wages.
(Source: P.A. 89‑28, eff. 6‑23‑95.)
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(735 ILCS 5/12‑812) (from Ch. 110, par. 12‑812)
Sec. 12‑812.
Effect of order.
A deduction order against an employer
shall be enforceable
as in other civil cases and shall discharge the employer of all claims by
the judgment debtor for the indebtedness paid, delivered or accounted
for by the employer by virtue of the order. The discharge of an employer
is no bar to an action by the judgment debtor for the same claim.
Entry of the deduction order shall discharge the federal agency employer of
all claims by the judgment debtor for the indebtedness paid and delivered by
the employer and accounted for by the attorney for the judgment creditor under
this Section.
(Source: P.A. 89‑28, eff. 6‑23‑95.)
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(735 ILCS 5/12‑813) (from Ch. 110, par. 12‑813)
Sec. 12‑813.
Judgment by confession.
A judgment by confession without
service of process on the
defendant shall not be the basis for seeking a deduction order, unless
such judgment is confirmed after service of process by a trial de novo,
as if such confession of judgment had not been obtained,
except that if it appears by the return of the officer on the first summons
that the employee is not found, alias summonses subsequently issued may
be served upon the employee by leaving a copy thereof with the employee's
employer, or leaving a copy thereof at the usual place of business of the
employer with his or her superintendent, manager, cashier, general agent
or clerk, pursuant to an affidavit filed by the creditor with the clerk
of the court stating the identity of the employee's employer, and that the
employee is actively employed at the time such alias is sought, and except that if
a notice of defense has been filed
to a wage
assignment as provided in Section 4.1 of "An Act to promote the welfare
of wage earners by regulating the assignment of wages, and prescribing a
penalty for the violation thereof", approved July 1, 1935, as amended, the
debtor may be served by registered or
certified mail within 6 months after the filing of such defense on a
wage assignment in the action to confirm the judgment by confession and
such mailing by the creditor to the address shown on the notice of
defense shall constitute service of the summons.
(Source: P.A. 83‑707.)
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(735 ILCS 5/12‑814) (from Ch. 110, par. 12‑814)
Sec. 12‑814.
Costs and fees.
(a) The costs of obtaining a deduction order shall be charged to the
judgment debtor, unless the court determines, in its discretion, that costs
incurred by the judgment creditor were improperly incurred, in which case
those costs shall be paid by the judgment creditor.
(b) No fee shall be paid by an employer for filing his or her appearance,
answer or satisfaction of judgment against him or her.
(c) A fee consisting of the greater of $12 or 2% of the amount
required to be deducted by any deduction order or series of deduction
orders arising out of the same judgment debt shall be allowed and paid
to the employer, and the amount so paid shall be charged to the judgment
debtor.
(d) No other fee shall be paid to an employer at the time of service
of the summons or at any other time thereafter unless he or she is subpoenaed
to appear as a witness, in which case he or she is entitled to witness fees as
in other civil cases.
(Source: P.A. 87‑569.)
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(735 ILCS 5/12‑815) (from Ch. 110, par. 12‑815)
Sec. 12‑815.
Death of employer.
Upon the death of an employer the procedure
shall be the
same as in the case of the death of a defendant in other civil cases.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑816) (from Ch. 110, par. 12‑816)
Sec. 12‑816.
Assignment, transfer or other disposition.
No assignment,
transfer or other disposition by an heir or
distributee of his or her interest in the possession of an administrator or executor
shall defeat the deduction order, unless (1) prior to the service of
summons upon the administrator or executor, the transfer or other
disposition is reduced to writing and (2) the writing is filed in the
office of the clerk of the court appointing the executor or
administrator.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑817) (from Ch. 110, par. 12‑817)
Sec. 12‑817.
Wrongful issuance of summons.
If any person wrongfully
causes summons to issue for a
deduction order, he or she shall be liable to the employee and the employer for
all damages occasioned by such action including reasonable attorney's
fees, which damages or attorney's fees may be proved in the same action
in which the summons was wrongfully issued.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑818) (from Ch. 110, par. 12‑818)
Sec. 12‑818.
Discharge or suspension of employee prohibited.
No employer may discharge or suspend any employee by reason of the
fact that his or her earnings have been subjected to a deduction order for any
one indebtedness. Any person violating this Section shall be guilty of a
Class A misdemeanor.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑819) (from Ch. 110, par. 12‑819)
Sec. 12‑819.
Limitations on part 8 of Article XII.
The provisions of
this Part 8 of Article XII of this Act
do not apply to orders for withholding of income entered by the court under
provisions of The Illinois Public Aid Code, the Illinois Marriage and
Dissolution
of Marriage Act, the Non‑Support of Spouse and Children Act, the Non‑Support
Punishment Act, the Revised Uniform Reciprocal Enforcement of Support Act and
the Paternity Act for
support of a child or maintenance of a spouse.
(Source: P.A. 91‑613, eff. 10‑1‑99.)
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(735 ILCS 5/12‑902) (from Ch. 110, par. 12‑902)
Sec. 12‑902.
Exemption after death or desertion.
Such exemption shall
continue after the death of such
individual, for the benefit of the spouse surviving,
so long as he or she continues to occupy such homestead, and of the children
until the youngest child becomes 18 years of age; and in case the spouse
deserts his or her family, the exemption shall continue in favor of the
one occupying the premises as a residence.
(Source: P.A. 82‑783.)
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(735 ILCS 5/12‑903) (from Ch. 110, par. 12‑903)
Sec. 12‑903.
Extent of exemption.
No property shall, by virtue of Part
9 of Article XII of this Act, be exempt
from sale for
nonpayment of taxes or assessments, or for a debt or liability incurred
for the purchase or improvement thereof, or for enforcement of a lien
thereon pursuant to paragraph (g)(1)
of Section 9 of the "Condominium
Property Act", approved June 20, 1963, as amended,
or be exempt from enforcement of a judgment for possession
pursuant to paragraph (a)(7) or (a)(8) of Section 9‑102 of this Code.
This amendatory Act of the 92nd General Assembly is intended as a
clarification of existing law and not as a new enactment.
(Source: P.A. 92‑540, eff. 6‑12‑02.)
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(735 ILCS 5/12‑905) (from Ch. 110, par. 12‑905)
Sec. 12‑905.
Dissolution of marriage.
In case of a dissolution of marriage,
the court granting the dissolution of marriage may
dispose of the homestead estate according to the equities of the case.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑907) (from Ch. 110, par. 12‑907)
Sec. 12‑907.
Insurance proceeds.
Whenever a building, exempted as a
homestead, is insured in
favor of the person entitled to the exemption, and a loss occurs,
entitling such person to the insurance, such insurance money shall be
exempt to the same extent as the building would have been had it not
been destroyed.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑908) (from Ch. 110, par. 12‑908)
Sec. 12‑908.
Enforcement of lien.
In the enforcement of a lien in
the circuit court upon
premises, including the homestead, if such right is not waived or
released, as provided in Part 9 of Article XII of this Act, the court
may set off the homestead
and order the sale of the balance of the premises, or, if the value of
the premises exceeds the exemption, and the premises cannot be divided, the court
may order the sale of the whole and the payment of the amount of the
exemption to the person entitled thereto.
(Source: P.A. 83‑707.)
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(b) The debtor's equity interest, not to exceed | ||
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(c) The debtor's interest, not to exceed $2,400 in | ||
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(d) The debtor's equity interest, not to exceed | ||
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(e) Professionally prescribed health aids for the | ||
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(f) All proceeds payable because of the death of the | ||
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(g) The debtor's right to receive:
(1) a social security benefit, unemployment | ||
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(2) a veteran's benefit;
(3) a disability, illness, or unemployment | ||
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(4) alimony, support, or separate maintenance, | ||
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(h) The debtor's right to receive, or property that | ||
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(1) an award under a crime victim's reparation | ||
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(2) a payment on account of the wrongful death | ||
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(3) a payment under a life insurance contract | ||
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(4) a payment, not to exceed $15,000 in value, | ||
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(5) any restitution payments made to persons | ||
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For purposes of this subsection (h), a debtor's | ||
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(i) The debtor's right to receive an award under | ||
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Money due the debtor from the sale of any personal property that was
exempt from judgment, attachment, or distress for rent at the
time of the sale is exempt from attachment and garnishment to the same
extent that the property would be exempt had the same not been sold by
the debtor.
If a debtor owns property exempt under this Section and he or she purchased
that property with the intent of converting nonexempt property into exempt
property or in fraud of his or her creditors, that property shall not be
exempt from judgment, attachment, or distress for rent. Property acquired
within 6 months of the filing of the petition for bankruptcy shall be presumed
to have been acquired in contemplation of bankruptcy.
The personal property exemptions set forth in this Section shall apply
only to individuals and only to personal property that is used for personal
rather than business purposes. The personal property exemptions set forth
in this Section shall not apply to or be allowed
against any money, salary, or wages due or to become due to the debtor that
are required to be withheld in a wage
deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 94‑293, eff. 1‑1‑06.)
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(735 ILCS 5/12‑1002) (from Ch. 110, par. 12‑1002)
Sec. 12‑1002.
Schedule of property.
It shall not be necessary for the
debtor against whom a judgment or attachment was entered or distress warrant
was issued to
make a schedule of his or her personal property to enable him or her
to secure the
exemption and to retain the property enumerated in paragraph (b) of
Section 12‑1001 of this Act, but whenever any debtor against whom a judgment
or attachment was entered or distress warrant was issued,
desires to avail himself or herself of the benefit of this Act to make a
selection
of certain household furniture (in case such property is worth more than
the amount he or she is entitled to retain) or to select other personal
property instead of household furniture or to select part household
furniture and part other personal property he or she shall, within 10 days
after a copy of the judgment, attachment or distress warrant is served upon
him or her in the same manner as summonses are served in other civil cases,
such copies of the judgment,
attachment or distress warrant to
have endorsed thereon a notice signed by the officer having such document,
notifying the debtor that he or she must file a schedule of his or her property within
10 days from the service thereof in order to claim his or her exemption under
Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule
of all his or her personal
property of every kind and character, including money on hand and debts
due and owing to the debtor and shall deliver the same to the officer
having the certified copy of the judgment, attachment or distress warrant, or file
the same in the court which entered the document, which schedule shall be
subscribed and sworn to by the debtor, and any property owned by the
debtor, and not included in such schedule shall not be exempt, and thereupon
the court which entered
the judgment or attachment or issued the distress warrant shall summon 3
householders,
who, after being duly sworn to fairly and impartially appraise the
property of the debtor, shall fix a fair valuation upon each article
contained in such schedule, and the debtor shall then select from such
schedule the articles he or she may desire to retain, the aggregate
value of which shall not exceed the amount exempted, to which he or she
may be entitled, and deliver the remainder to the officer having the document;
and the officer having such document is authorized to
administer the oaths required herein of the debtor and appraisers. In
case no schedule is filed, it shall be the duty of the officer
to exempt and disregard the articles enumerated in paragraphs (a), (e),
(f), (g) and (h) of
Section 12‑1001 of this Act and the personal property
if it is worth not more than the
amount the debtor is entitled to have exempted under paragraphs (b), (c)
and (d) of
Section 12‑1001 of this Act and if the personal property is worth more
than the amount
of the exemption to which the debtor is entitled, the court
which entered the judgment or the attachment order or the distress warrant issued
shall secure a fair and impartial appraisal of the personal property
in the same manner as all the personal property is appraised when a
schedule is filed, and after such valuation, such officer shall
select and exempt personal property to the amount
to which the debtor
is entitled to retain. When the judgment debtor has presented a sufficient
schedule of all his or her personal estate, the return of such judgment
unsatisfied, shall
not render it necessary for such judgment debtor, for the purpose of
availing himself or herself of the benefits of the exemption laws of this state, to
present an additional schedule unless additional property has been
acquired, before 90 days from the date of the issuance of the certified
copy of the judgment.
(Source: P.A. 83‑968.)
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(735 ILCS 5/12‑1003) (from Ch. 110, par. 12‑1003)
Sec. 12‑1003.
When family entitled to exemptions.
When the head of
a family dies, deserts or does not reside
with the same, the family shall be entitled to and receive all the
benefit and privileges which are by Part 10 of Article XII of this Act conferred
upon the head of
a family residing with the same.
(Source: P.A. 82‑280.)
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(735 ILCS 5/12‑1004) (from Ch. 110, par. 12‑1004)
Sec. 12‑1004.
Judgment for wages.
No personal property shall be exempt
from levy of attachment
or judgment if the debt or judgment is for the wages of any laborer
or employee, providing the court entering judgment finds that the
claim sued for is for wages due such person as laborer or employee,
which finding shall be expressly stated in the judgment.
(Source: P.A. 83‑1362.)
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(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) (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, | ||
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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 5/12‑1101) (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) (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 5/12‑1201) (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 5/12‑1401) (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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