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IL SB1044

Bill

Status

Passed

8/27/2013

Primary Sponsor

Ira Silverstein

Click for details

Origin

Senate

98th General Assembly

AI Summary

  • Amended the Code of Civil Procedure to revise supplementary proceedings for judgment creditors to discover and enforce collection of debtor assets, requiring service of an Income and Asset Form on judgment debtors and a 5-business-day notice period before citation hearings.

  • Established that judgment debtors must be informed in writing of specific statutory exemptions including Social Security benefits, unemployment compensation, homestead exemptions ($15,000), vehicle equity ($2,400), tools of trade ($1,500), and wage limitations.

  • Clarified that no payment orders can be entered against individual judgment debtors unless the Income and Asset Form was properly served, the debtor had opportunity to assert exemptions, and payments come from non-exempt sources.

  • Modified judgment lien provisions to allow creditors to impress liens against specific personal property items, including beneficial interests in land trusts, with liens surviving termination of citation proceedings and remaining enforceable like real property judgment liens.

  • Allowed continued wage enforcement proceedings even if a judgment becomes dormant during pendency of enforcement action under court supervision against employers or third-party respondents, eliminating the requirement to revive the underlying judgment.

Legislative Description

CIV PRO-JUDGMENT-ENFORCEMENT

Last Action

Public Act . . . . . . . . . 98-0557

8/27/2013

Committee Referrals

Judiciary4/29/2013
Rules4/18/2013
Executive3/13/2013
Assignments1/24/2013

Full Bill Text

No bill text available