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91_HB2997
LRB9109448DHmg
1 AN ACT to amend the Code of Civil Procedure by changing
2 Sections 12-910 and 12-911.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Code of Civil Procedure is amended by
6 changing Sections 12-910 and 12-911 as follows:
7 (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
8 Sec. 12-910. Proceedings to enforce judgment. If in the
9 opinion of the judgment creditors, their successors or
10 assigns, or the officer holding a certified copy of a
11 judgment for enforcement against such individuals, the
12 premises claimed by him or her as exempt are worth more than
13 $7,500, the judgement creditor or the successor or assignee
14 of the judgment creditor shall first deliver to the officer
15 holding a certified copy of the judgment a written appraisal
16 of the premises prepared by a State licensed real estate
17 appraiser, and if in the opinion of the person, firm,
18 corporation, or other entity conducting the appraisal such
19 officer shall summon 3 individuals, as commissioners, who
20 shall, upon oath, to be administered to them by the officer,
21 appraise the premises, and if, in their opinion, the property
22 may be divided without damage to the interest of the parties,
23 the State licensed real estate appraiser they shall set off
24 so much of the premises, including the dwelling house, as in
25 the State licensed real estate appraiser's their opinion is
26 worth $7,500, and the residue of the premises may be
27 advertised and sold by the such officer. Each commissioner
28 shall receive for his or her services the sum of $5 per day
29 for each day necessarily engaged in such service. The officer
30 summoning such commissioners shall receive such fees as may
31 be allowed for serving summons, but shall be entitled to
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1 charge mileage for only the actual distance traveled from the
2 premises to be appraised, to the residence of the
3 commissioners summoned. The officer shall not be required to
4 summon commissioners until the judgment creditor, or some one
5 for him or her, shall advance to the officer one day's fees
6 for the commissioners, and unless the creditor shall advance
7 such fees the officer shall not be required to enforce the
8 judgment. The costs of such appraisement shall not be taxed
9 against the judgment debtor unless the such appraisement
10 shows that the judgment debtor has property subject to the
11 such judgment.
12 (Source: P.A. 83-707.)
13 (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
14 Sec. 12-911. Notice to judgment debtor. In case the
15 value of the premises is, in the opinion of the
16 commissioners, more than $7,500, and cannot be divided as is
17 provided for in Section 12-910 of this Act, the State
18 licensed real estate appraiser they shall make and sign an
19 appraisal of the value thereof, which shall be delivered to
20 the officer. The officer shall then mail, or cause to be
21 mailed, a notice to the judgment debtor stating that unless
22 the judgment is satisfied the property will be sold. The
23 notice shall contain the scheduled date of sale which shall
24 not be less than 60 days from the date of the notice. and
25 deliver the same to the officer, who shall deliver a copy
26 thereof to the judgment debtor, or to some one of the family
27 of the age of 13 years or upwards, with a notice thereto
28 attached that unless the judgment debtor pays to such officer
29 the surplus over and above $7,500 on the amount due on the
30 judgment within 60 days thereafter, such premises will be
31 sold.
32 (Source: P.A. 83-356.)
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1 Section 99. This Act takes effect upon becoming law.