Public Act 093-0508
Public Act 93-0508 of the 93rd General Assembly
Public Act 93-0508
SB1751 Enrolled LRB093 10345 DRJ 10599 b
AN ACT in relation to civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 4-101 as follows:
(735 ILCS 5/4-101) (from Ch. 110, par. 4-101)
Sec. 4-101. Cause. In any court having competent
jurisdiction, a creditor having a money claim, whether
liquidated or unliquidated, and whether sounding in contract
or tort, or based upon a statutory cause of action created by
law in favor of the People of the State of Illinois, or any
agency of the State, may have an attachment against the
property of his or her debtor, or that of any one or more of
several debtors, either at the time of commencement of the
action or thereafter, when the claim exceeds $20, in any one
of the following cases:
1. Where the debtor is not a resident of this
State.
2. When the debtor conceals himself or herself or
stands in defiance of an officer, so that process cannot
be served upon him or her.
3. Where the debtor has departed from this State
with the intention of having his or her effects removed
from this State.
4. Where the debtor is about to depart from this
State with the intention of having his or her effects
removed from this State.
5. Where the debtor is about to remove his or her
property from this State to the injury of such creditor.
6. Where the debtor has within 2 years preceding
the filing of the affidavit required, fraudulently
conveyed or assigned his or her effects, or a part
thereof, so as to hinder or delay his or her creditors.
7. Where the debtor has, within 2 years prior to
the filing of such affidavit, fraudulently concealed or
disposed of his or her property so as to hinder or delay
his or her creditors.
8. Where the debtor is about fraudulently to
conceal, assign, or otherwise dispose of his or her
property or effects, so as to hinder or delay his or her
creditors.
9. Where the debt sued for was fraudulently
contracted on the part of the debtor. The statements of
the debtor, his or her agent or attorney, which
constitute the fraud, shall have been reduced to writing,
and his or her signature attached thereto, by himself or
herself, agent or attorney.
10. When the debtor is a person convicted of first
degree murder, a Class X felony, or aggravated
kidnapping, or found not guilty by reason of insanity or
guilty but mentally ill of first degree murder, a Class X
felony, or aggravated kidnapping, against the creditor
and that crime makes the creditor a "victim" under the
Criminal Victims' Asset Discovery Act.
11. When the debtor is referred by the Department
of Corrections to a defendant in a suit brought by the
Attorney General under Section 3-7-6 of the Unified Code
of Corrections to recover the expenses incurred as a
result of that debtor's cost of incarceration.
(Source: P.A. 89-428, eff. 12-13-95; 90-85, eff. 7-10-97.)
Effective Date: 1/1/2004
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