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IL HB5434

Bill

Status

Passed

7/25/2012

Primary Sponsor

Ann Williams

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Amends Illinois Code of Civil Procedure to require judgment creditors to serve an "Income and Asset Form" on judgment debtors in supplementary proceedings to discover assets and income for judgment satisfaction.

  • Mandates personal or abode service of citations on natural person judgment debtors and requires a five-business-day minimum waiting period after mailing citation notice before hearing can be held.

  • Prohibits courts from entering payment orders against natural person judgment debtors unless the Income and Asset Form was served, the debtor had opportunity to assert exemptions, and payments are from non-exempt sources.

  • Establishes that if examination shows judgment debtor has no non-exempt income or assets, the citation must be dismissed.

  • Creates new Section 12-107.5 regulating body attachment orders for indirect civil contempt, requiring prior opportunity to appear and show cause, with initial recognizance bonds limited to $1,000 maximum and one-year expiration dates.

Legislative Description

CIVIL LAW-TECH

Last Action

Public Act . . . . . . . . . 97-0848

7/25/2012

Committee Referrals

Judiciary4/11/2012
Assignments3/30/2012
Judiciary I - Civil Law3/6/2012
Rules2/15/2012

Full Bill Text

No bill text available