State of Illinois
91st General Assembly
Legislation

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91_HB2997eng

 
HB2997 Engrossed                               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  certified  general  real
17    estate appraiser or a State certified residential real estate
18    appraiser,  and  if  in  the  opinion  of  the  person, firm,
19    corporation, or other entity conducting  the  appraisal  such
20    officer  shall  summon  3  individuals, as commissioners, who
21    shall, upon oath, to be administered to them by the  officer,
22    appraise the premises, and if, in their opinion, the property
23    may be divided without damage to the interest of the parties,
24    the  State  certified  general real estate appraiser or State
25    certified residential real estate appraiser  they  shall  set
26    off so much of the premises, including the dwelling house, as
27    in the State certified general real estate appraiser's or the
28    State  certified  residential  real  estate appraiser's their
29    opinion is worth $7,500, and the residue of the premises  may
30    be advertised and sold by the such officer. Each commissioner
31    shall  receive  for his or her services the sum of $5 per day
 
HB2997 Engrossed            -2-                LRB9109448DHmg
 1    for each day necessarily engaged in such service. The officer
 2    summoning such commissioners shall receive such fees  as  may
 3    be  allowed  for  serving  summons,  but shall be entitled to
 4    charge mileage for only the actual distance traveled from the
 5    premises  to  be  appraised,  to   the   residence   of   the
 6    commissioners  summoned. The officer shall not be required to
 7    summon commissioners until the judgment creditor, or some one
 8    for him or her, shall advance to the officer one  day's  fees
 9    for  the commissioners, and unless the creditor shall advance
10    such fees the officer shall not be required  to  enforce  the
11    judgment.   The costs of such appraisement shall not be taxed
12    against the judgment  debtor  unless  the  such  appraisement
13    shows  that  the  judgment debtor has property subject to the
14    such judgment.
15    (Source: P.A. 83-707.)

16        (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
17        Sec. 12-911. Notice to  judgment  debtor.   In  case  the
18    value   of   the   premises   is,   in  the  opinion  of  the
19    commissioners, more than $7,500, and cannot be divided as  is
20    provided  for  in  Section  12-910  of  this  Act,  the State
21    certified general real estate appraiser  or  State  certified
22    residential real estate appraiser they shall make and sign an
23    appraisal  of  the value thereof, which shall be delivered to
24    the officer.  The officer shall then mail,  or  cause  to  be
25    mailed,  a  notice to the judgment debtor stating that unless
26    the judgment is satisfied the property  will  be  sold.   The
27    notice  shall  contain the scheduled date of sale which shall
28    not be less than 60 days from the date  of  the  notice.  and
29    deliver  the  same  to  the officer, who shall deliver a copy
30    thereof to the judgment debtor, or to some one of the  family
31    of  the  age  of  13  years or upwards, with a notice thereto
32    attached that unless the judgment debtor pays to such officer
33    the surplus over and above $7,500 on the amount  due  on  the
 
HB2997 Engrossed            -3-                LRB9109448DHmg
 1    judgment  within  60  days  thereafter, such premises will be
 2    sold.
 3    (Source: P.A. 83-356.)

 4        Section 99.  This Act takes effect upon becoming law.

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