Bill Text: IL SB1044 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Residential Tenants' Right to Repair Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0557 [SB1044 Detail]
Download: Illinois-2013-SB1044-Amended.html
Bill Title: Amends the Residential Tenants' Right to Repair Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0557 [SB1044 Detail]
Download: Illinois-2013-SB1044-Amended.html
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1 | AMENDMENT TO SENATE BILL 1044
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2 | AMENDMENT NO. ______. Amend Senate Bill 1044 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Sections 2-1402, 2-1602, 12-101, and 12-705 as | ||||||
6 | follows:
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7 | (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
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8 | Sec. 2-1402. Supplementary proceedings.
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9 | (a) A judgment creditor, or his or her successor in | ||||||
10 | interest when that
interest is made to appear of record, is | ||||||
11 | entitled to prosecute supplementary
proceedings for the | ||||||
12 | purposes of examining the judgment debtor or any other
person | ||||||
13 | to discover assets or income of the debtor not exempt from the
| ||||||
14 | enforcement of the judgment, a deduction order or garnishment, | ||||||
15 | and of
compelling the application of non-exempt assets or | ||||||
16 | income discovered toward the
payment of the amount due under |
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| |||||||
1 | the judgment. A supplementary proceeding shall
be commenced by | ||||||
2 | the service of a citation issued by the clerk. The procedure
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3 | for conducting supplementary proceedings shall be prescribed | ||||||
4 | by rules. It is
not a prerequisite to the commencement of a | ||||||
5 | supplementary proceeding that a
certified copy of the judgment | ||||||
6 | has been returned wholly or partly unsatisfied.
All citations | ||||||
7 | issued by the clerk shall have the following language, or
| ||||||
8 | language substantially similar thereto, stated prominently on | ||||||
9 | the front, in
capital letters: "IF YOU FAIL TO APPEAR IN COURT | ||||||
10 | AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED AND BROUGHT | ||||||
11 | BEFORE THE COURT TO ANSWER TO A CHARGE OF
CONTEMPT OF COURT, | ||||||
12 | WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY JAIL."
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13 | The court shall not grant a continuance of the supplementary | ||||||
14 | proceeding except
upon good cause shown.
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15 | (b) Any citation served upon a judgment debtor or any other | ||||||
16 | person shall
include a certification by the attorney for the | ||||||
17 | judgment creditor or the
judgment creditor setting forth the | ||||||
18 | amount of the judgment, the date of the
judgment, or its | ||||||
19 | revival date, the balance due thereon, the name of the court,
| ||||||
20 | and the number of the case, and a copy of the citation notice | ||||||
21 | required by this
subsection. Whenever a citation is served upon | ||||||
22 | a person or party other than
the judgment debtor, the officer | ||||||
23 | or person serving the citation shall send to
the judgment | ||||||
24 | debtor, within three business days of the service upon the | ||||||
25 | cited
party, a copy of the citation and the citation notice, | ||||||
26 | which may be sent
by regular first-class mail to the judgment |
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| |||||||
1 | debtor's last known address. In no
event shall a citation | ||||||
2 | hearing be held sooner than five business days after the
| ||||||
3 | mailing of the citation and citation notice to the judgment | ||||||
4 | debtor, except by
agreement of the parties. The citation notice | ||||||
5 | need not be mailed to a
corporation, partnership, or | ||||||
6 | association. The citation notice shall be in
substantially the | ||||||
7 | following form:
| ||||||
8 | "CITATION NOTICE
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9 | (Name and address of Court)
| ||||||
10 | Name of Case: (Name of Judgment Creditor),
| ||||||
11 | Judgment Creditor v.
| ||||||
12 | (Name of Judgment Debtor),
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13 | Judgment Debtor.
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14 | Address of Judgment Debtor: (Insert last known
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15 | address)
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16 | Name and address of Attorney for Judgment
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17 | Creditor or of Judgment Creditor (If no
| ||||||
18 | attorney is listed): (Insert name and address)
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19 | Amount of Judgment: $ (Insert amount)
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20 | Name of Person Receiving Citation: (Insert name)
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21 | Court Date and Time: (Insert return date and time
| ||||||
22 | specified in citation)
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23 | NOTICE: The court has issued a citation against the person | ||||||
24 | named above. The
citation directs that person to appear in | ||||||
25 | court to be examined for the purpose
of allowing the judgment | ||||||
26 | creditor to discover income and assets belonging to
the |
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| |||||||
1 | judgment debtor or in which the judgment debtor has an | ||||||
2 | interest. The
citation was issued on the basis of a judgment | ||||||
3 | against the judgment debtor in
favor of the judgment creditor | ||||||
4 | in the amount stated above. On or after the
court date stated | ||||||
5 | above, the court may compel the application of any
discovered | ||||||
6 | income or assets toward payment on the judgment.
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7 | The amount of income or assets that may be applied toward | ||||||
8 | the judgment is
limited by federal and Illinois law. The | ||||||
9 | JUDGMENT DEBTOR HAS THE RIGHT TO
ASSERT STATUTORY EXEMPTIONS | ||||||
10 | AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT
DEBTOR WHICH | ||||||
11 | MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
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12 | ABOVE:
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13 | (1) Under Illinois or federal law, the exemptions of | ||||||
14 | personal property
owned by the debtor include the debtor's | ||||||
15 | equity interest, not to exceed $4,000
in value, in any | ||||||
16 | personal property as chosen by the debtor; Social Security | ||||||
17 | and
SSI benefits; public assistance benefits; unemployment | ||||||
18 | compensation benefits;
worker's compensation benefits; | ||||||
19 | veteran's benefits; circuit breaker property
tax relief | ||||||
20 | benefits; the debtor's equity interest, not to exceed | ||||||
21 | $2,400 in
value, in any one motor vehicle, and the debtor's | ||||||
22 | equity interest, not to
exceed $1,500 in value, in any | ||||||
23 | implements, professional books, or tools of the
trade of | ||||||
24 | the debtor.
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25 | (2) Under Illinois law, every person is entitled to an | ||||||
26 | estate in
homestead, when it is owned and occupied as a |
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1 | residence, to the extent in value
of $15,000, which | ||||||
2 | homestead is exempt from judgment.
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3 | (3) Under Illinois law, the amount of wages that may be | ||||||
4 | applied toward a
judgment is limited to the lesser of (i) | ||||||
5 | 15% of gross weekly wages or (ii) the
amount by which | ||||||
6 | disposable earnings for a week exceed the total of 45 times | ||||||
7 | the
federal minimum hourly wage or, under a wage deduction | ||||||
8 | summons served on or after January 1, 2006, the Illinois | ||||||
9 | minimum hourly wage, whichever is greater.
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10 | (4) Under federal law, the amount of wages that may be | ||||||
11 | applied toward a
judgment is limited to the lesser of (i) | ||||||
12 | 25% of disposable earnings for a week
or (ii) the amount by | ||||||
13 | which disposable earnings for a week exceed 30 times the
| ||||||
14 | federal minimum hourly wage.
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15 | (5) Pension and retirement benefits and refunds may be | ||||||
16 | claimed as exempt
under Illinois law.
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17 | The judgment debtor may have other possible exemptions | ||||||
18 | under the law.
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19 | THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING | ||||||
20 | TO DECLARE EXEMPT
CERTAIN INCOME OR ASSETS OR BOTH. The | ||||||
21 | judgment debtor also has the right to
seek a declaration at an | ||||||
22 | earlier date, by notifying the clerk in writing at
(insert | ||||||
23 | address of clerk). When so notified, the Clerk of the Court | ||||||
24 | will
obtain a prompt hearing date from the court and will
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25 | provide the necessary forms that must be prepared by the | ||||||
26 | judgment debtor or the
attorney for the judgment debtor and |
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1 | sent to the judgment creditor and the
judgment creditor's | ||||||
2 | attorney regarding the time and location of the hearing.
This | ||||||
3 | notice may be sent by regular first class mail."
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4 | (b-1) Any citation served upon a judgment debtor who is a | ||||||
5 | natural person shall be served by personal service or abode | ||||||
6 | service as provided in Supreme Court Rule 105 and shall include | ||||||
7 | a copy of the Income and Asset Form set forth in subsection | ||||||
8 | (b-5). | ||||||
9 | (b-5) The Income and Asset Form required to be served by | ||||||
10 | the judgment creditor in subsection (b-1) shall be in | ||||||
11 | substantially the following form:
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12 | INCOME AND ASSET FORM | ||||||
13 | To Judgment Debtor: Please complete this form and bring | ||||||
14 | it with you to the hearing referenced in the enclosed | ||||||
15 | citation notice. You should also bring to the hearing any | ||||||
16 | documents you have to support the information you provide | ||||||
17 | in this form, such as pay stubs and account statements. The | ||||||
18 | information you provide will help the court determine | ||||||
19 | whether you have any property or income that can be used to | ||||||
20 | satisfy the judgment entered against you in this matter. | ||||||
21 | The information you provide must be accurate to the best of | ||||||
22 | your knowledge. | ||||||
23 | If you fail to appear at this hearing, you could be | ||||||
24 | held in contempt of court and possibly arrested. | ||||||
25 | In answer to the citation and supplemental proceedings |
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1 | served upon the judgment debtor, he or she answers as | ||||||
2 | follows:
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3 | Name:..................... | ||||||
4 | Home Phone Number:................. | ||||||
5 | Home Address:.................... | ||||||
6 | Date of Birth:...................... | ||||||
7 | Marital Status:..................... | ||||||
8 | I have.........dependents. | ||||||
9 | Do you have a job? YES NO | ||||||
10 | Company's name I work for:...................... | ||||||
11 | Company's address:..............................
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12 | Job: | ||||||
13 | I earn $....... per....... | ||||||
14 | If self employed, list here your business name and | ||||||
15 | address: | ||||||
16 | ............................................. | ||||||
17 | Income from self employment is $......... per | ||||||
18 | year. | ||||||
19 | I have the following benefits with my employer: | ||||||
20 | ............................................. | ||||||
21 | I do not have a job, but I support myself through: | ||||||
22 | Government Assistance $........ per month | ||||||
23 | Unemployment $........ per month | ||||||
24 | Social Security $........ per month |
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| |||||||
1 | SSI $........ per month | ||||||
2 | Pension $........ per month | ||||||
3 | Other $........ per month | ||||||
4 | Real Estate: | ||||||
5 | Do you own any real estate? YES NO | ||||||
6 | I own real estate at.........., with names of other | ||||||
7 | owners | ||||||
8 | ................................................. | ||||||
9 | Additional real estate I own: .................... | ||||||
10 | I have a beneficial interest in a land trust. The name | ||||||
11 | and address of the trustee is:............. The beneficial | ||||||
12 | interest is listed in my name and ........................ | ||||||
13 | There is a mortgage on my real estate. State the | ||||||
14 | mortgage company's name and address for each parcel of real | ||||||
15 | estate owned: | ||||||
16 | ................................................. | ||||||
17 | An assignment of beneficial interest in the land trust | ||||||
18 | was signed to secure a loan from ......................... | ||||||
19 | I have the following accounts: | ||||||
20 | Checking account at ..........; | ||||||
21 | account balance $...... | ||||||
22 | Savings account at ..........; | ||||||
23 | account balance $...... | ||||||
24 | Money market or certificate of deposit at .... | ||||||
25 | Safe deposit box at .......................... | ||||||
26 | Other accounts (please identify): ............ |
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1 | I own: | ||||||
2 | A vehicle (state year, make, model, and VIN): . | ||||||
3 | Jewelry (please specify): .................... | ||||||
4 | Other property described as:...................... | ||||||
5 | Stocks/Bonds..................... | ||||||
6 | Personal computer................ | ||||||
7 | DVD player....................... | ||||||
8 | Television....................... | ||||||
9 | Stove....................... | ||||||
10 | Microwave....................... | ||||||
11 | Work tools....................... | ||||||
12 | Business equipment....................... | ||||||
13 | Farm equipment....................... | ||||||
14 | Other property (please specify): | ||||||
15 | ............................................. | ||||||
16 | Signature:.................... | ||||||
17 | (b-10) Any action properly initiated under this Section may | ||||||
18 | proceed notwithstanding an
absent or incomplete Income and | ||||||
19 | Asset Form, and a judgment debtor may be examined for the | ||||||
20 | purpose of allowing the judgment creditor to discover income | ||||||
21 | and assets belonging to the judgment debtor or in which the | ||||||
22 | judgment debtor has an interest. | ||||||
23 | (c) When assets or income of the judgment debtor not exempt | ||||||
24 | from
the satisfaction of a judgment, a deduction order or | ||||||
25 | garnishment are
discovered, the court may, by appropriate order | ||||||
26 | or judgment:
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1 | (1) Compel the judgment debtor to deliver up, to be | ||||||
2 | applied in
satisfaction of the judgment, in whole or in | ||||||
3 | part, money, choses in
action, property or effects in his | ||||||
4 | or her possession or control, so discovered,
capable of | ||||||
5 | delivery and to which his or her title or right of | ||||||
6 | possession is not
substantially disputed.
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7 | (2) Compel the judgment debtor to pay to the judgment | ||||||
8 | creditor or
apply on the judgment, in installments, a | ||||||
9 | portion of his or her income, however
or whenever earned or | ||||||
10 | acquired, as the court may deem proper, having due
regard | ||||||
11 | for the reasonable requirements of the judgment debtor and | ||||||
12 | his or her
family, if dependent upon him or her, as well as | ||||||
13 | any payments required to be
made by prior order of court or | ||||||
14 | under wage assignments outstanding; provided
that the | ||||||
15 | judgment debtor shall not be compelled to pay income which | ||||||
16 | would be
considered exempt as wages under the Wage | ||||||
17 | Deduction Statute. The court may
modify an order for | ||||||
18 | installment payments, from time to time, upon application
| ||||||
19 | of either party upon notice to the other.
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20 | (3) Compel any person cited, other than the judgment | ||||||
21 | debtor, to
deliver up any assets so discovered, to be | ||||||
22 | applied in satisfaction of
the judgment, in whole or in | ||||||
23 | part, when those assets are held under such
circumstances | ||||||
24 | that in an action by the judgment debtor he or she could | ||||||
25 | recover
them in specie or obtain a judgment for the | ||||||
26 | proceeds or value thereof as
for conversion or |
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1 | embezzlement. A judgment creditor may recover a corporate | ||||||
2 | judgment debtor's property on behalf of the judgment debtor | ||||||
3 | for use of the judgment creditor by filing an appropriate | ||||||
4 | petition within the citation proceedings.
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5 | (4) Enter any order upon or judgment against the person | ||||||
6 | cited that
could be entered in any garnishment proceeding.
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7 | (5) Compel any person cited to execute an assignment of | ||||||
8 | any chose in
action or a conveyance of title to real or | ||||||
9 | personal property or resign memberships in exchanges, | ||||||
10 | clubs, or other entities in the
same manner and to the same | ||||||
11 | extent as a court could do in any proceeding
by a judgment | ||||||
12 | creditor to enforce payment of a judgment or in aid of
the | ||||||
13 | enforcement of a judgment.
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14 | (6) Authorize the judgment creditor to maintain an | ||||||
15 | action against
any person or corporation that, it appears | ||||||
16 | upon proof satisfactory to
the court, is indebted to the | ||||||
17 | judgment debtor, for the recovery of the
debt, forbid the | ||||||
18 | transfer or other disposition of the debt until an
action | ||||||
19 | can be commenced and prosecuted to judgment, direct that | ||||||
20 | the
papers or proof in the possession or control of the | ||||||
21 | debtor and necessary
in the prosecution of the action be | ||||||
22 | delivered to the creditor or
impounded in court, and | ||||||
23 | provide for the disposition of any moneys in
excess of the | ||||||
24 | sum required to pay the judgment creditor's judgment and
| ||||||
25 | costs allowed by the court.
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26 | (c-5) If a citation is directed to a judgment debtor who is |
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1 | a natural person, no payment
order shall be entered under | ||||||
2 | subsection (c) unless the Income and Asset Form was served upon | ||||||
3 | the judgment debtor as required by subsection (b-1), the | ||||||
4 | judgment debtor has had an opportunity to assert exemptions, | ||||||
5 | and the payments are from non-exempt sources. | ||||||
6 | (d) No order or judgment shall be entered under subsection | ||||||
7 | (c) in favor of
the judgment creditor unless there appears of | ||||||
8 | record a certification of
mailing showing that a copy of the | ||||||
9 | citation and a copy of the citation notice was mailed to the | ||||||
10 | judgment debtor as required by subsection (b).
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11 | (d-5) If upon examination the court determines that the | ||||||
12 | judgment debtor does not possess any non-exempt income or | ||||||
13 | assets, then the citation shall be dismissed. | ||||||
14 | (e) All property ordered to be delivered up shall, except | ||||||
15 | as
otherwise provided in this Section, be delivered to the | ||||||
16 | sheriff to be
collected by the sheriff or sold at public sale | ||||||
17 | and the proceeds thereof
applied towards the payment of costs | ||||||
18 | and the satisfaction of the judgment. If the judgment debtor's | ||||||
19 | property is of such a nature that it is not readily delivered | ||||||
20 | up to the sheriff for public sale or if another method of sale | ||||||
21 | is more appropriate to liquidate the property or enhance its | ||||||
22 | value at sale, the court may order the sale of such property by | ||||||
23 | the debtor, third party respondent, or by a selling agent other | ||||||
24 | than the sheriff upon such terms as are just and equitable. The | ||||||
25 | proceeds of sale, after deducting reasonable and necessary | ||||||
26 | expenses, are to be turned over to the creditor and applied to |
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1 | the balance due on the judgment.
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2 | (f) (1) The citation may prohibit the party to whom it is | ||||||
3 | directed from
making or allowing any transfer or other | ||||||
4 | disposition of, or interfering with,
any property not | ||||||
5 | exempt from the enforcement of a judgment therefrom, a
| ||||||
6 | deduction order or garnishment, belonging to the judgment | ||||||
7 | debtor or to which he
or she may be entitled or which may | ||||||
8 | thereafter be acquired by or become due to
him or her, and | ||||||
9 | from paying over or otherwise disposing of any moneys not | ||||||
10 | so
exempt which are due or to become due to the judgment | ||||||
11 | debtor, until the further
order of the court or the | ||||||
12 | termination of the proceeding, whichever occurs
first. The | ||||||
13 | third party may not be obliged to withhold the payment of | ||||||
14 | any
moneys beyond double the amount of the balance due | ||||||
15 | sought to be enforced by the
judgment creditor. The court | ||||||
16 | may punish any party who violates the restraining
provision | ||||||
17 | of a citation as and for a contempt, or if the party is a | ||||||
18 | third party
may enter judgment against him or her in the | ||||||
19 | amount of the unpaid portion of
the judgment and costs | ||||||
20 | allowable under this Section, or in the amount of the
value | ||||||
21 | of the property transferred, whichever is lesser.
| ||||||
22 | (2) The court may enjoin any person, whether or not a | ||||||
23 | party to the
supplementary proceeding, from making or | ||||||
24 | allowing any transfer or other
disposition of, or | ||||||
25 | interference with, the property of the judgment
debtor not | ||||||
26 | exempt from the enforcement of a judgment, a deduction |
| |||||||
| |||||||
1 | order or
garnishment, or the property or debt not so exempt | ||||||
2 | concerning which any
person is required to attend and be | ||||||
3 | examined until further direction in the
premises. The | ||||||
4 | injunction order shall remain in effect until vacated by | ||||||
5 | the
court or until the proceeding is terminated, whichever | ||||||
6 | first occurs.
| ||||||
7 | (g) If it appears that any property, chose in action, | ||||||
8 | credit or
effect discovered, or any interest therein, is | ||||||
9 | claimed by any person, the court
shall, as in garnishment | ||||||
10 | proceedings, permit or require the claimant to appear
and | ||||||
11 | maintain his or her right. The rights of the person cited
and | ||||||
12 | the rights of any adverse claimant shall be asserted and | ||||||
13 | determined
pursuant to the law relating to garnishment | ||||||
14 | proceedings.
| ||||||
15 | (h) Costs in proceedings authorized by this Section shall | ||||||
16 | be
allowed, assessed and paid in accordance with rules, | ||||||
17 | provided that if the
court determines, in its discretion, that | ||||||
18 | costs incurred by the judgment
creditor were improperly | ||||||
19 | incurred, those costs shall be paid by the judgment
creditor.
| ||||||
20 | (i) This Section is in addition to and does not affect
| ||||||
21 | enforcement of judgments or proceedings supplementary thereto, | ||||||
22 | by any other
methods now or hereafter provided by law.
| ||||||
23 | (j) This Section does not grant the power to any court to | ||||||
24 | order
installment or other payments from, or compel the sale, | ||||||
25 | delivery,
surrender, assignment or conveyance of any property | ||||||
26 | exempt by statute
from the enforcement of a judgment thereon, a |
| |||||||
| |||||||
1 | deduction order, garnishment,
attachment, sequestration, | ||||||
2 | process or other levy or seizure.
| ||||||
3 | (k) (Blank).
| ||||||
4 | (k-3) The court may enter any order upon or judgment | ||||||
5 | against the respondent cited that could be entered in any | ||||||
6 | garnishment proceeding under Part 7 of Article XII of this | ||||||
7 | Code. This subsection (k-3) shall be construed as being | ||||||
8 | declarative of existing law and not as a new enactment. | ||||||
9 | (k-5) If the court determines that any property held by a | ||||||
10 | third party respondent is wages pursuant to Section 12-801, the | ||||||
11 | court shall proceed as if a wage deduction proceeding had been | ||||||
12 | filed and proceed to enter such necessary and proper orders as | ||||||
13 | would have been entered in a wage deduction proceeding | ||||||
14 | including but not limited to the granting of the statutory | ||||||
15 | exemptions allowed by Section 12-803 and all other remedies | ||||||
16 | allowed plaintiff and defendant pursuant to Part 8 of Article | ||||||
17 | 12 of this Act.
| ||||||
18 | (k-10) If a creditor discovers personal property of the | ||||||
19 | judgment debtor that is subject to the lien of a citation to | ||||||
20 | discover assets, the creditor may have the court impress a lien | ||||||
21 | against a specific item of personal property, including a | ||||||
22 | beneficial interest in a land trust. The lien survives the | ||||||
23 | termination of the citation proceedings and remains as a lien | ||||||
24 | against the personal property in the same manner that a | ||||||
25 | judgment lien recorded against real property pursuant to | ||||||
26 | Section 12-101 remains a lien on real property. If the judgment |
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| |||||||
1 | is revived before dormancy, the lien shall remain. A lien | ||||||
2 | against personal property may, but need not, be recorded in the | ||||||
3 | office of the recorder or filed as an informational filing | ||||||
4 | pursuant to the Uniform Commercial Code. | ||||||
5 | (l) At any citation hearing at which the judgment debtor | ||||||
6 | appears and seeks
a declaration that certain of his or her | ||||||
7 | income or assets are exempt, the court
shall proceed to | ||||||
8 | determine whether the property which the judgment debtor
| ||||||
9 | declares to be exempt is exempt from judgment. At any time | ||||||
10 | before the return
date specified on the citation, the judgment | ||||||
11 | debtor may request, in writing, a
hearing to declare exempt | ||||||
12 | certain income and assets by notifying the clerk of
the court | ||||||
13 | before that time, using forms as may be provided by the clerk | ||||||
14 | of the
court. The clerk of the court will obtain a prompt | ||||||
15 | hearing date from the
court and will provide the necessary | ||||||
16 | forms that must be prepared by the
judgment debtor or the | ||||||
17 | attorney for the judgment debtor and sent to the
judgment | ||||||
18 | creditor, or the judgment creditor's attorney, regarding the | ||||||
19 | time and
location of the hearing. This notice may be sent by | ||||||
20 | regular first class mail.
At the hearing, the court shall | ||||||
21 | immediately, unless for good cause shown that
the hearing is to | ||||||
22 | be continued, shall proceed to determine whether the property
| ||||||
23 | which the judgment debtor declares to be exempt is exempt from | ||||||
24 | judgment. The
restraining provisions of subsection (f) shall | ||||||
25 | not apply to any property
determined by the court to be exempt.
| ||||||
26 | (m) The judgment or balance due on the judgment becomes a |
| |||||||
| |||||||
1 | lien when a
citation is served in accordance with subsection | ||||||
2 | (a) of this Section. The lien
binds nonexempt personal | ||||||
3 | property, including money, choses in action, and
effects of the | ||||||
4 | judgment debtor as follows:
| ||||||
5 | (1) When the citation is directed against the judgment | ||||||
6 | debtor, upon all
personal property belonging to the | ||||||
7 | judgment debtor in the possession or control
of the | ||||||
8 | judgment debtor or which may thereafter be acquired or come | ||||||
9 | due to the
judgment debtor to the time of the disposition | ||||||
10 | of the citation.
| ||||||
11 | (2) When the citation is directed against a third | ||||||
12 | party, upon all personal
property belonging to the judgment | ||||||
13 | debtor in the possession or control of the
third party or | ||||||
14 | which thereafter may be acquired or come due the judgment | ||||||
15 | debtor
and comes into the possession or control of the | ||||||
16 | third party to the time of the
disposition of the citation.
| ||||||
17 | The lien established under this Section does not affect the | ||||||
18 | rights of
citation respondents in property prior to the service | ||||||
19 | of the citation upon them
and does not affect the rights of | ||||||
20 | bona fide purchasers or lenders without
notice of the citation. | ||||||
21 | The lien is effective for the period specified by
Supreme Court | ||||||
22 | Rule.
| ||||||
23 | This subsection (m), as added by Public Act 88-48, is a | ||||||
24 | declaration of
existing law.
| ||||||
25 | (n) If any provision of this Act or its application to any | ||||||
26 | person or
circumstance is held invalid, the invalidity of that |
| |||||||
| |||||||
1 | provision or application
does not affect the provisions or | ||||||
2 | applications of the Act that can be given
effect without the | ||||||
3 | invalid provision or application.
| ||||||
4 | (o) The changes to this Section made by this amendatory Act | ||||||
5 | of the 97th General Assembly apply only to supplementary | ||||||
6 | proceedings commenced under this Section on or after the | ||||||
7 | effective date of this amendatory Act of the 97th General | ||||||
8 | Assembly. The requirements or limitations set forth in | ||||||
9 | subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not apply | ||||||
10 | to the enforcement of any order or judgment resulting from an | ||||||
11 | adjudication of a municipal ordinance violation that is subject | ||||||
12 | to Supreme Court Rules 570 through 579, or from an | ||||||
13 | administrative adjudication of such an ordinance violation. | ||||||
14 | (Source: P.A. 97-350, eff. 1-1-12; 97-848, eff. 7-25-12.)
| ||||||
15 | (735 ILCS 5/2-1602)
| ||||||
16 | Sec. 2-1602. Revival of judgment.
| ||||||
17 | (a) A judgment may be revived by filing a petition to | ||||||
18 | revive the judgment in the seventh year after its
entry, or in | ||||||
19 | the seventh year after its last revival, or in the twentieth | ||||||
20 | year after its entry, or at any other
time within 20 years | ||||||
21 | after its entry if the judgment becomes dormant. The provisions | ||||||
22 | of this amendatory Act of the 96th General Assembly are | ||||||
23 | declarative of existing law.
| ||||||
24 | (b) A petition to revive a judgment shall be filed in the | ||||||
25 | original
case in which the judgment was entered. The petition |
| |||||||
| |||||||
1 | shall include a
statement as to the original date and amount of | ||||||
2 | the judgment, court
costs expended, accrued interest, and | ||||||
3 | credits to the judgment, if any.
| ||||||
4 | (c) Service of notice of the petition to revive a judgment | ||||||
5 | shall
be made in accordance with Supreme Court Rule 106.
| ||||||
6 | (d) An order reviving a judgment shall be for the original | ||||||
7 | amount
of the judgment. The plaintiff may recover interest and | ||||||
8 | court costs from
the date of the original judgment. Credits to | ||||||
9 | the judgment shall be
reflected by the plaintiff in | ||||||
10 | supplemental proceedings or execution.
| ||||||
11 | (e) If a judgment debtor has filed for protection under the | ||||||
12 | United
States Bankruptcy Code and failed to successfully | ||||||
13 | adjudicate and remove
a lien filed by a judgment creditor, then | ||||||
14 | the judgment may be revived
only as to the property to which a | ||||||
15 | lien attached before the filing of
the bankruptcy action.
| ||||||
16 | (f) A judgment may be revived as to fewer than all judgment
| ||||||
17 | debtors, and such order for revival of judgment shall be final,
| ||||||
18 | appealable, and enforceable.
| ||||||
19 | (g) This Section does not apply to a child support judgment | ||||||
20 | or to a judgment
recovered in an action for damages for an | ||||||
21 | injury described in Section 13-214.1,
which
need not be revived | ||||||
22 | as provided in this Section and which may be enforced at
any | ||||||
23 | time as
provided in Section 12-108.
| ||||||
24 | (h) If a judgment becomes dormant during the pendency of an | ||||||
25 | enforcement proceeding under Part 14 of this Article or under | ||||||
26 | Article XII, the enforcement may continue to conclusion without |
| |||||||
| |||||||
1 | revival of the underlying judgment so long as the enforcement | ||||||
2 | is done under court supervision and includes a payment, | ||||||
3 | withholding, or turn over order. | ||||||
4 | (Source: P.A. 96-305, eff. 8-11-09; 97-350, eff. 1-1-12.)
| ||||||
5 | (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
| ||||||
6 | Sec. 12-101. Lien of judgment. With respect to the creation | ||||||
7 | of liens on
real estate by judgments, all real estate in the | ||||||
8 | State of Illinois is divided
into 2 classes.
| ||||||
9 | The first class consists of all real property, the title to | ||||||
10 | which is
registered under "An Act concerning land titles", | ||||||
11 | approved May 1, 1897,
as amended.
| ||||||
12 | The second class consists of all real property not | ||||||
13 | registered under "An
Act concerning land titles".
| ||||||
14 | As to real estate in class one, a judgment is a lien on the
| ||||||
15 | real estate of the person against whom it is entered for the | ||||||
16 | same
period as in class two, when Section 85 of "An Act | ||||||
17 | concerning land
titles", has been complied with.
| ||||||
18 | As to real estate included within class two, a judgment is | ||||||
19 | a lien on the real
estate of the person against whom it is
| ||||||
20 | entered in any county in this State, including the county in | ||||||
21 | which it is
entered, only from the time a transcript, certified | ||||||
22 | copy or memorandum of
the judgment is filed in the office of | ||||||
23 | the recorder in the county in which
the real estate is located.
| ||||||
24 | The lien may be foreclosed by an action brought in the name of | ||||||
25 | the judgment
creditor or its assignee of record under Article |
| |||||||
| |||||||
1 | XV in the same manner as a
mortgage of real property, except | ||||||
2 | that the redemption period shall be 6 months
from the date of | ||||||
3 | sale and the real estate homestead exemption under Section
| ||||||
4 | 12-901 shall apply.
A judgment resulting from the entry of an | ||||||
5 | order requiring child support
payments shall be a lien upon the | ||||||
6 | real estate of the person obligated to make
the child support | ||||||
7 | payments, but shall not be enforceable in any county of this
| ||||||
8 | State until a transcript, certified copy, or memorandum of the
| ||||||
9 | lien is filed in the office of the recorder in the county in | ||||||
10 | which the real
estate is located.
Any lien hereunder arising | ||||||
11 | out of an order
for support shall be a lien only as to and from | ||||||
12 | the time that an
installment or payment is due under the terms | ||||||
13 | of the order. Further, the
order for support shall not be a | ||||||
14 | lien on real estate to the extent of
payments made as evidenced | ||||||
15 | by the records of the Clerk of the Circuit Court
or State | ||||||
16 | agency receiving payments pursuant to the order. In the event
| ||||||
17 | payments made pursuant to that order are not paid to the Clerk | ||||||
18 | of the
Circuit Court or a State agency, then each lien imposed | ||||||
19 | by this Section
may be released in the following manner:
| ||||||
20 | (a) A Notice of Filing and an affidavit stating that | ||||||
21 | all installments of
child support required to be paid | ||||||
22 | pursuant to the order under which the
lien or liens were | ||||||
23 | imposed have been paid shall be filed with the office of
| ||||||
24 | recorder in each county in which each such lien appears of | ||||||
25 | record, together
with proof of service of such notice and | ||||||
26 | affidavit upon the recipient of
such payments.
|
| |||||||
| |||||||
1 | (b) Service of such affidavit shall be by any means | ||||||
2 | authorized under
Sections 2-203 and 2-208 of the Code of | ||||||
3 | Civil Procedure or under Supreme
Court Rules 11 or 105(b).
| ||||||
4 | (c) The Notice of Filing shall set forth the name and | ||||||
5 | address of the
judgment debtor and the judgment creditor, | ||||||
6 | the court file number of the
order giving rise to the | ||||||
7 | judgment and, in capital letters, the following
statement:
| ||||||
8 | YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||||||
9 | ATTACHED
AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER | ||||||
10 | OF .... COUNTY, ILLINOIS,
WHOSE ADDRESS IS ........, | ||||||
11 | ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
THIS NOTICE, | ||||||
12 | YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF | ||||||
13 | THE
STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, | ||||||
14 | SUCH JUDGMENT LIEN WILL
BE DEEMED TO BE RELEASED AND NO | ||||||
15 | LONGER SUBJECT TO FORECLOSURE. THIS
RELEASE OF LIEN WILL | ||||||
16 | NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
| ||||||
17 | (d) If no affidavit objecting to the release of the | ||||||
18 | lien or liens is
filed within 28 days of the Notice | ||||||
19 | described in paragraph (c) of this
Section such lien or | ||||||
20 | liens shall be deemed to be released and no longer
subject | ||||||
21 | to foreclosure.
| ||||||
22 | A judgment is not a lien on real estate for longer than 7 | ||||||
23 | years from the
time it is entered or revived, unless the | ||||||
24 | judgment is revived within 7 years
after its entry or last | ||||||
25 | revival and a new memorandum of judgment is recorded prior to | ||||||
26 | the judgment and its recorded memorandum of judgment becoming |
| |||||||
| |||||||
1 | dormant.
| ||||||
2 | When a judgment is revived it is a lien on the real estate | ||||||
3 | of
the person against whom it was entered in any county in this | ||||||
4 | State from
the time a transcript, certified copy or memorandum | ||||||
5 | of the order of
revival is filed in the office of the recorder | ||||||
6 | in the county in
which the real estate is located.
| ||||||
7 | A foreign judgment registered or filed pursuant to Sections | ||||||
8 | 12-630 12-601 through 12-672 12-618
of this Act is a lien upon | ||||||
9 | the real estate of the person against whom it
was entered only | ||||||
10 | from the time (1) a copy of the affidavit required by Section | ||||||
11 | 12-653 with a copy certified copy of the verified
petition for | ||||||
12 | registration of the foreign judgment attached showing the | ||||||
13 | filing in a court of this State or (2) a transcript,
certified | ||||||
14 | copy or memorandum of a the final judgment of the court of this
| ||||||
15 | State entered on an action to enforce a that foreign judgment | ||||||
16 | is filed in the office of the
recorder in the county in which | ||||||
17 | the real estate is located. However, no
such judgment shall be | ||||||
18 | a lien on any real estate registered under "An Act
concerning | ||||||
19 | land titles", as amended, until Section 85 of that Act has been
| ||||||
20 | complied with.
| ||||||
21 | The release of any transcript, certified copy or memorandum | ||||||
22 | of judgment
or order of revival which has been recorded shall | ||||||
23 | be filed by the person
receiving the release in the office of | ||||||
24 | the recorder in which such
judgment or order has been recorded.
| ||||||
25 | Such release shall contain in legible letters a statement | ||||||
26 | as follows:
|
| |||||||
| |||||||
1 | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
BE | ||||||
2 | FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE | ||||||
3 | OFFICE THE LIEN WAS FILED.
| ||||||
4 | The term "memorandum" as used in this Section means a | ||||||
5 | memorandum or copy
of the judgment signed by a judge or a copy | ||||||
6 | attested by the clerk of the
court entering it and showing the | ||||||
7 | court in which entered,
date, amount, number of the case in | ||||||
8 | which it was entered, name of the
party in whose favor and name | ||||||
9 | and last known address of the party
against whom entered. If | ||||||
10 | the address of the party against whom the
judgment was entered | ||||||
11 | is not known, the memorandum or copy of judgment
shall so | ||||||
12 | state.
| ||||||
13 | The term "memorandum" as used in this Section also means a | ||||||
14 | memorandum
or copy of a child support order signed by a judge | ||||||
15 | or a copy attested by
the clerk of the court entering it or a | ||||||
16 | copy attested by the administrative
body entering it.
| ||||||
17 | This Section shall not be construed as showing an intention | ||||||
18 | of the
legislature to create a new classification of real | ||||||
19 | estate, but shall be
construed as showing an intention of the | ||||||
20 | legislature to continue a
classification already existing.
| ||||||
21 | (Source: P.A. 97-350, eff. 1-1-12.)
| ||||||
22 | (735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
| ||||||
23 | Sec. 12-705. Summons.
| ||||||
24 | (a) Summons shall be returnable not less than 21 nor more | ||||||
25 | than 30 days after
the date of issuance. Summons with 4 copies |
| |||||||
| |||||||
1 | of the interrogatories shall be
served and returned as in other | ||||||
2 | civil cases. If the garnishee is served with
summons less than | ||||||
3 | 10 days prior to the return date, the court shall continue
the | ||||||
4 | case to a new return date 14 days after the return date stated | ||||||
5 | on the
summons. The summons shall be in a form consistent with | ||||||
6 | local court rules. The
summons shall be accompanied by a copy | ||||||
7 | of the underlying judgment or a
certification by the clerk of | ||||||
8 | the court that entered the judgment, or by the
attorney for the | ||||||
9 | judgment creditor, setting forth the amount of the judgment,
| ||||||
10 | the name of the court and the number of the case and one copy of | ||||||
11 | a garnishment
notice in substantially the following form:
| ||||||
12 | "GARNISHMENT NOTICE
| ||||||
13 | (Name and address of Court)
| ||||||
14 | Name of Case: (Name of Judgment Creditor),
| ||||||
15 | Judgment Creditor v.
| ||||||
16 | (Name of Judgement Debtor),
| ||||||
17 | Judgment Debtor.
| ||||||
18 | Address of Judgment Debtor: (Insert last known address)
| ||||||
19 | Name and address of Attorney for Judgment
| ||||||
20 | Creditor or of Judgment Creditor (If no
| ||||||
21 | attorney is listed): (Insert name and address)
| ||||||
22 | Amount of Judgment: $(Insert amount)
| ||||||
23 | Name of Garnishee: (Insert name)
| ||||||
24 | Return Date: (Insert return date specified in summons)
| ||||||
25 | NOTICE: The court has issued a garnishment summons against | ||||||
26 | the garnishee
named above for money or property (other than |
| |||||||
| |||||||
1 | wages) belonging to the
judgment debtor or in which the | ||||||
2 | judgment debtor has an interest. The
garnishment summons was | ||||||
3 | issued on the basis of a judgment against the
judgment debtor | ||||||
4 | in favor of the judgment creditor in the amount stated above.
| ||||||
5 | The amount of money or property (other than wages) that may | ||||||
6 | be garnished
is limited by federal and Illinois law. The | ||||||
7 | judgment debtor has the right
to assert statutory exemptions | ||||||
8 | against certain money or property of the
judgment debtor which | ||||||
9 | may not be used to satisfy the judgment in the amount
stated | ||||||
10 | above.
| ||||||
11 | Under Illinois or federal law, the exemptions of personal | ||||||
12 | property owned
by the debtor include the debtor's equity | ||||||
13 | interest, not to exceed $4,000
in
value, in any personal | ||||||
14 | property as chosen by the debtor; Social Security
and SSI | ||||||
15 | benefits; public assistance benefits; unemployment | ||||||
16 | compensation
benefits; workers' compensation benefits; | ||||||
17 | veterans' benefits; circuit
breaker property tax relief | ||||||
18 | benefits; the debtor's equity interest, not to
exceed $2,400
in | ||||||
19 | value, in any one motor vehicle, and the debtor's equity
| ||||||
20 | interest, not to exceed $1,500
in value, in any implements, | ||||||
21 | professional
books or tools of the trade of the debtor.
| ||||||
22 | The judgment debtor may have other possible exemptions from | ||||||
23 | garnishment
under the law.
| ||||||
24 | The judgment debtor has the right to request a hearing | ||||||
25 | before the court
to dispute the garnishment or to declare | ||||||
26 | exempt from garnishment certain
money or property or both. To |
| |||||||
| |||||||
1 | obtain a hearing in counties with a
population of 1,000,000 or | ||||||
2 | more, the judgment debtor must
notify the Clerk of the Court in | ||||||
3 | person and in writing at (insert address
of Clerk) before the | ||||||
4 | return date specified above or appear in court on the
date and | ||||||
5 | time on that return date. To obtain a hearing in counties with | ||||||
6 | a
population of less than 1,000,000, the judgment debtor must | ||||||
7 | notify the
Clerk of the Court in writing at (insert address of | ||||||
8 | Clerk) on or before the
return date specified above. The Clerk | ||||||
9 | of the Court will provide a hearing
date and the necessary | ||||||
10 | forms that must be prepared by the judgment debtor or
the | ||||||
11 | attorney for the judgment debtor and sent to the judgment | ||||||
12 | creditor and the
garnishee regarding the time and location of | ||||||
13 | the hearing. This notice may be
sent by regular first class | ||||||
14 | mail."
| ||||||
15 | (b) An officer or other person authorized by law to serve | ||||||
16 | process shall
serve the summons, interrogatories and the | ||||||
17 | garnishment notice required by
subsection (a) of this Section | ||||||
18 | upon the garnishee and shall, (1) within 2
business days of the | ||||||
19 | service upon the garnishee, mail a copy of the
garnishment | ||||||
20 | notice and the summons to the judgment debtor by first class
| ||||||
21 | mail at the judgment debtor's address indicated in the | ||||||
22 | garnishment notice
and (2) within 4 business days of the | ||||||
23 | service upon the garnishee file with
the clerk of the court a | ||||||
24 | certificate of mailing in substantially the following
form:
| ||||||
25 | "CERTIFICATE OF MAILING
| ||||||
26 | I hereby certify that, within 2 business days of service |
| |||||||
| |||||||
1 | upon the
garnishee of the garnishment summons, interrogatories | ||||||
2 | and garnishment
notice, I served upon the judgment debtor in | ||||||
3 | this cause a copy of the
garnishment summons and garnishment | ||||||
4 | notice by first class mail to the
judgment debtor's address as | ||||||
5 | indicated in the garnishment notice.
| ||||||
6 | Date:............ .........................
| ||||||
7 | Signature"
| ||||||
8 | In the case of service of the summons for garnishment upon | ||||||
9 | the garnishee
by certified or registered mail, as provided in | ||||||
10 | subsection (c) of this Section,
no sooner than 2 business days | ||||||
11 | nor later than 4 business days after the date of
mailing, the | ||||||
12 | clerk shall mail a copy of the garnishment notice and the | ||||||
13 | summons
to the judgment debtor by first class mail at the | ||||||
14 | judgment debtor's address
indicated in the garnishment notice, | ||||||
15 | shall prepare the Certificate of Mailing
described by this | ||||||
16 | subsection, and shall include the Certificate of Mailing in a
| ||||||
17 | permanent record.
| ||||||
18 | (c) In a county with a population of less than 1,000,000, | ||||||
19 | unless otherwise
provided by circuit court rule, at the request | ||||||
20 | of the judgment creditor or his
or her attorney and instead of | ||||||
21 | personal service, service of a summons for
garnishment may be | ||||||
22 | made as follows:
| ||||||
23 | (1) For each garnishee to be served, the judgment | ||||||
24 | creditor or his or her
attorney shall pay to the clerk of | ||||||
25 | the court a fee of $2, plus the cost of
mailing, and | ||||||
26 | furnish to the clerk an original and 2 copies of a summons, |
| |||||||
| |||||||
1 | an
original and one copy of the interrogatories, an | ||||||
2 | affidavit setting forth the
garnishee's mailing address, | ||||||
3 | an original and 2 copies of the garnishment
notice required | ||||||
4 | by subsection (a) of this Section, and a copy of the | ||||||
5 | judgment
or certification described in subsection (a) of | ||||||
6 | this Section. The original
judgment shall be retained by | ||||||
7 | the clerk.
| ||||||
8 | (2) The clerk shall mail to the garnishee, at the | ||||||
9 | address appearing in the
affidavit, the copy of the | ||||||
10 | judgment or certification described in subsection
(a) of | ||||||
11 | this Section, the summons, the interrogatories, and the | ||||||
12 | garnishment
notice required by subsection (a) of this | ||||||
13 | Section, by certified or registered
mail, return receipt | ||||||
14 | requested, showing to whom delivered and the date and
| ||||||
15 | address of delivery. This Mailing shall be mailed on a | ||||||
16 | "restricted delivery"
basis when service is directed to a | ||||||
17 | natural person. The envelope and return
receipt shall bear | ||||||
18 | the return address of the clerk, and the return receipt
| ||||||
19 | shall be stamped with the docket number of the case. The | ||||||
20 | receipt for certified
or registered mail shall state the | ||||||
21 | name and address of the addressee, the date
of the mailing, | ||||||
22 | shall identify the documents mailed, and shall be attached | ||||||
23 | to
the original summons.
| ||||||
24 | (3) The return receipt must be attached to the original | ||||||
25 | summons and, if it
shows delivery at least 10 days before | ||||||
26 | the day for the return date, shall
constitute proof of |
| |||||||
| |||||||
1 | service of any documents identified on the return receipt
| ||||||
2 | as having been mailed.
| ||||||
3 | (4) The clerk shall note the fact of service in a | ||||||
4 | permanent record.
| ||||||
5 | (d) The garnishment summons may be served and returned in | ||||||
6 | the manner provided by Supreme Court Rule for service, | ||||||
7 | otherwise than by publication, of a notice for additional | ||||||
8 | relief upon a party in default. | ||||||
9 | (Source: P.A. 94-293, eff. 1-1-06.)".
|