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IL SB0181

Bill

Status

Passed

8/2/2019

Primary Sponsor

John Mulroe

Click for details

Origin

Senate

101st General Assembly

AI Summary

Public Act 101-0191 Summary

  • Renames "supplementary proceedings" to "citations to discover assets" throughout the Code of Civil Procedure for clarity and consistency in judgment enforcement procedures.

  • Requires judgment creditors to serve judgment debtors with an Income and Asset Form when issuing citations, allowing debtors time to prepare and claim exemptions before hearings.

  • Extends summons return dates from 21-30 days to 21-40 days in garnishment and wage deduction proceedings to provide additional time for service and preparation.

  • Requires that payment orders in citation proceedings against natural persons can only be entered after the Income and Asset Form is served, the debtor has opportunity to assert exemptions, and payments come from non-exempt sources.

  • Establishes that citations create liens on judgment debtor's non-exempt personal property upon service, with liens surviving termination of citation proceedings similar to real property judgment liens.

Legislative Description

CIV PRO-CITATIONS-SUMMONS

Last Action

Public Act . . . . . . . . . 101-0191

8/2/2019

Committee Referrals

Judiciary - Civil5/1/2019
Civil Procedure4/24/2019
Judiciary - Civil4/9/2019
Rules3/7/2019
Judiciary2/6/2019
Assignments1/30/2019

Full Bill Text

No bill text available