Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2220 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2220 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: See Index Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act. LRB103 27841 LNS 54219 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2220 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED: See Index See Index Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act. LRB103 27841 LNS 54219 b LRB103 27841 LNS 54219 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2220 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.
6	6	LRB103 27841 LNS 54219 b LRB103 27841 LNS 54219 b
7	7	LRB103 27841 LNS 54219 b
8	8	A BILL FOR
9	9	SB2220LRB103 27841 LNS 54219 b SB2220 LRB103 27841 LNS 54219 b
10	10	SB2220 LRB103 27841 LNS 54219 b
11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Sections 2-1402, 2-1602, 12-803, 12-901, 12-904,
16	16	6 12-906, 12-909, 12-910, 12-911, 12-912, 12-1001, and 13-206
17	17	7 and by adding Section 2-201.5 as follows:
18	18	8 (735 ILCS 5/2-201.5 new)
19	19	9 Sec. 2-201.5. Debtor notice.
20	20	10 (a) A summons issued in an action to collect a debt shall
21	21	11 include a separate notice containing the following language
22	22	12 printed prominently in large font:
23	23	13 "IF YOU OWE A DEBT, YOU MAY BE ABLE TO PROTECT:
24	24	14 Your Social Security
25	25	15 Your SSI
26	26	16 Your Public Benefits including EITC and Child Tax
27	27	17 Credit Stimulus Payments
28	28	18 Your Veterans Benefits
29	29	19 Your Retirement Benefits
30	30	20 $25,000 in Equity in a Motor Vehicle
31	31	21 At least $260,000 In Equity in your Home
32	32	22 Up to $15,000 in your Bank Accounts
33	33	23 YOU MAY BE ABLE TO STOP:
34	34
35	35
36	36
37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2220 Introduced 2/10/2023, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.
41	41	LRB103 27841 LNS 54219 b LRB103 27841 LNS 54219 b
42	42	LRB103 27841 LNS 54219 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB103 27841 LNS 54219 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	SB2220 LRB103 27841 LNS 54219 b
64	64
65	65
66	66	SB2220- 2 -LRB103 27841 LNS 54219 b SB2220 - 2 - LRB103 27841 LNS 54219 b
67	67	SB2220 - 2 - LRB103 27841 LNS 54219 b
68	68	1 Phone Calls from Debt Collectors
69	69	2 Verbal Abuse from Debt Collector
70	70	3 Threats from Debt Collectors
71	71	4 YOU MAY:
72	72	5 Request to Have the Court Review Any Agreement to
73	73	6 Settle Your Case
74	74	7 Ask for a Reasonable Payment Plan
75	75	8 Consult with an Attorney of Your Choice to Determine
76	76	9 Your Rights"
77	77	10 (b) The clerk of the court, in consultation with civil
78	78	11 legal service providers who service the applicable judicial
79	79	12 circuit, shall compile a list of civil legal service
80	80	13 providers, including their addresses and telephone numbers,
81	81	14 and make the list available to the public. The notice in
82	82	15 subsection (a) shall include the list of civil legal service
83	83	16 providers compiled by the clerk of the court.
84	84	17 (c) The clerk of the court shall cause the notice in
85	85	18 subsection (a) to be posted in courtrooms or in the hallway in
86	86	19 front of courtrooms and be available for distribution in all
87	87	20 courtrooms hearing cases involving debt collection matters.
88	88	21 (735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
89	89	22 Sec. 2-1402. Citations to discover assets.
90	90	23 (a) A judgment creditor, or his or her successor in
91	91	24 interest when that interest is made to appear of record, is
92	92	25 entitled to prosecute citations to discover assets for the
93	93
94	94
95	95
96	96
97	97
98	98	SB2220 - 2 - LRB103 27841 LNS 54219 b
99	99
100	100
101	101	SB2220- 3 -LRB103 27841 LNS 54219 b SB2220 - 3 - LRB103 27841 LNS 54219 b
102	102	SB2220 - 3 - LRB103 27841 LNS 54219 b
103	103	1 purposes of examining the judgment debtor or any other person
104	104	2 to discover assets or income of the debtor not exempt from the
105	105	3 enforcement of the judgment, a deduction order or garnishment,
106	106	4 and of compelling the application of non-exempt assets or
107	107	5 income discovered toward the payment of the amount due under
108	108	6 the judgment. A citation proceeding shall be commenced by the
109	109	7 service of a citation issued by the clerk. The procedure for
110	110	8 conducting citation proceedings shall be prescribed by rules.
111	111	9 All citations issued by the clerk shall have the following
112	112	10 language, or language substantially similar thereto, stated
113	113	11 prominently on the front, in capital letters: "IF YOU FAIL TO
114	114	12 APPEAR IN COURT AS DIRECTED IN THIS NOTICE, YOU MAY BE ARRESTED
115	115	13 AND BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT
116	116	14 OF COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE
117	117	15 COUNTY JAIL." The court shall not grant a continuance of the
118	118	16 citation proceeding except upon good cause shown.
119	119	17 (b) Any citation served upon a judgment debtor or any
120	120	18 other person shall include a certification by the attorney for
121	121	19 the judgment creditor or the judgment creditor setting forth
122	122	20 the amount of the judgment, the date of the judgment, or its
123	123	21 revival date, the balance due thereon, the name of the court,
124	124	22 and the number of the case, and a copy of the citation notice
125	125	23 required by this subsection. Whenever a citation is served
126	126	24 upon a person or party other than the judgment debtor, the
127	127	25 officer or person serving the citation shall send to the
128	128	26 judgment debtor, within three business days of the service
129	129
130	130
131	131
132	132
133	133
134	134	SB2220 - 3 - LRB103 27841 LNS 54219 b
135	135
136	136
137	137	SB2220- 4 -LRB103 27841 LNS 54219 b SB2220 - 4 - LRB103 27841 LNS 54219 b
138	138	SB2220 - 4 - LRB103 27841 LNS 54219 b
139	139	1 upon the cited party, a copy of the citation and the citation
140	140	2 notice, which may be sent by regular first-class mail to the
141	141	3 judgment debtor's last known address. In no event shall a
142	142	4 citation hearing be held sooner than five business days after
143	143	5 the mailing of the citation and citation notice to the
144	144	6 judgment debtor, except by agreement of the parties. The
145	145	7 citation notice need not be mailed to a corporation,
146	146	8 partnership, or association. The citation notice shall be in
147	147	9 substantially the following form:
148	148	10 "CITATION NOTICE
149	149	11 (Name and address of Court)
150	150	12 Name of Case: (Name of Judgment Creditor),
151	151	13 Judgment Creditor v.
152	152	14 (Name of Judgment Debtor),
153	153	15 Judgment Debtor.
154	154	16 Address of Judgment Debtor: (Insert last known
155	155	17 address)
156	156	18 Name and address of Attorney for Judgment
157	157	19 Creditor or of Judgment Creditor (If no
158	158	20 attorney is listed): (Insert name, and address,
159	159	21 email address, and phone number)
160	160	22 Amount of Judgment: $ (Insert amount)
161	161	23 Name of Person Receiving Citation: (Insert name)
162	162	24 Court Date and Time: (Insert return date and time
163	163	25 specified in citation)
164	164	26 NOTICE: The court has issued a citation against the person
165	165
166	166
167	167
168	168
169	169
170	170	SB2220 - 4 - LRB103 27841 LNS 54219 b
171	171
172	172
173	173	SB2220- 5 -LRB103 27841 LNS 54219 b SB2220 - 5 - LRB103 27841 LNS 54219 b
174	174	SB2220 - 5 - LRB103 27841 LNS 54219 b
175	175	1 named above. The citation directs that person to appear in
176	176	2 court to be examined for the purpose of allowing the judgment
177	177	3 creditor to discover income and assets belonging to the
178	178	4 judgment debtor or in which the judgment debtor has an
179	179	5 interest. The citation was issued on the basis of a judgment
180	180	6 against the judgment debtor in favor of the judgment creditor
181	181	7 in the amount stated above. On or after the court date stated
182	182	8 above, the court may compel the application of any discovered
183	183	9 income or assets toward payment on the judgment.
184	184	10 The amount of income or assets that may be applied toward
185	185	11 the judgment is limited by federal and Illinois law. The
186	186	12 JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
187	187	13 AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR BY
188	188	14 RESPONDING TO THIS CITATION OR ATTENDING THE COURT HEARING AT
189	189	15 THE DATE AND TIME ABOVE. INCOME OF ASSETS THE DEBTOR EXEMPTS OR
190	190	16 WHICH ARE EXEMPT BY LAW WHICH MAY NOT BE USED TO SATISFY THE
191	191	17 JUDGMENT IN THE AMOUNT STATED ABOVE:
192	192	18 (1) Under Illinois or federal law, the exemptions of
193	193	19 personal property owned by the debtor include, but are not
194	194	20 limited to, the debtor's equity interest, not to exceed
195	195	21 $4,000 in value, in any personal property as chosen by the
196	196	22 debtor; Social Security and SSI benefits; public
197	197	23 assistance benefits; unemployment compensation benefits;
198	198	24 worker's compensation benefits; veteran's benefits;
199	199	25 circuit breaker property tax relief benefits; the debtor's
200	200	26 equity interest, not to exceed $25,000 $2,400 in value, in
201	201
202	202
203	203
204	204
205	205
206	206	SB2220 - 5 - LRB103 27841 LNS 54219 b
207	207
208	208
209	209	SB2220- 6 -LRB103 27841 LNS 54219 b SB2220 - 6 - LRB103 27841 LNS 54219 b
210	210	SB2220 - 6 - LRB103 27841 LNS 54219 b
211	211	1 any one motor vehicle; , and the debtor's equity interest,
212	212	2 not to exceed $7,500 $1,500 in value, in any implements,
213	213	3 professional books, or tools of the trade of the debtor;
214	214	4 and the debtor's equity interest, not to exceed $5,000 in
215	215	5 any household good.
216	216	6 (2) Under Illinois law, every person is entitled to an
217	217	7 estate in homestead, when it is owned and occupied as a
218	218	8 residence, to the extent in value of the modern homestead
219	219	9 exemption, at least $260,000 $15,000, which homestead is
220	220	10 exempt from judgment.
221	221	11 (3) Under Illinois law, the amount of wages that may
222	222	12 be applied toward a judgment is limited to the lesser of
223	223	13 (i) 10% 15% of gross weekly wages or (ii) the amount by
224	224	14 which disposable earnings for a week exceed the total of
225	225	15 80 45 times the State minimum hourly wage or the federal
226	226	16 minimum hourly wage or, under a wage deduction summons
227	227	17 served on or after January 1, 2006, the Illinois minimum
228	228	18 hourly wage, whichever is greater.
229	229	19 (3.5) Under State law, the amount of payment owed to
230	230	20 or received by the judgment debtor pursuant to an
231	231	21 independent contractor relationship that may be applied
232	232	22 toward a judgment is limited to the lesser of (i) 10% of
233	233	23 gross weekly wages or (ii) the amount by which disposable
234	234	24 earnings for a week exceed the total of 100 times the State
235	235	25 minimum hourly wage or the federal minimum hourly wage,
236	236	26 whichever is greater.
237	237
238	238
239	239
240	240
241	241
242	242	SB2220 - 6 - LRB103 27841 LNS 54219 b
243	243
244	244
245	245	SB2220- 7 -LRB103 27841 LNS 54219 b SB2220 - 7 - LRB103 27841 LNS 54219 b
246	246	SB2220 - 7 - LRB103 27841 LNS 54219 b
247	247	1 (4) Under federal law, the amount of wages that may be
248	248	2 applied toward a judgment is limited to the lesser of (i)
249	249	3 25% of disposable earnings for a week or (ii) the amount by
250	250	4 which disposable earnings for a week exceed 30 times the
251	251	5 federal minimum hourly wage.
252	252	6 (5) Pension and retirement benefits and refunds may be
253	253	7 claimed as exempt under Illinois law.
254	254	8 The judgment debtor may have other possible exemptions
255	255	9 under the law.
256	256	10 THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
257	257	11 TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
258	258	12 judgment debtor also has the right to seek a declaration at an
259	259	13 earlier date, by notifying the clerk in writing at (insert
260	260	14 address of clerk). When so notified, the Clerk of the Court
261	261	15 will obtain a prompt hearing date from the court and will
262	262	16 provide the necessary forms that must be prepared by the
263	263	17 judgment debtor or the attorney for the judgment debtor and
264	264	18 sent to the judgment creditor and the judgment creditor's
265	265	19 attorney regarding the time and location of the hearing. This
266	266	20 notice may be sent by regular first class mail."
267	267	21 (b-1) Any citation served upon a judgment debtor who is a
268	268	22 natural person shall be served by personal service or abode
269	269	23 service as provided in Supreme Court Rule 105 and shall
270	270	24 include a copy of the Income and Asset Form set forth in
271	271	25 subsection (b-5).
272	272	26 (b-5) The Income and Asset Form required to be served by
273	273
274	274
275	275
276	276
277	277
278	278	SB2220 - 7 - LRB103 27841 LNS 54219 b
279	279
280	280
281	281	SB2220- 8 -LRB103 27841 LNS 54219 b SB2220 - 8 - LRB103 27841 LNS 54219 b
282	282	SB2220 - 8 - LRB103 27841 LNS 54219 b
283	283	1 the judgment creditor in subsection (b-1) shall be in
284	284	2 substantially the following form:
285	285	3 INCOME AND ASSET FORM
286	286	4 To Judgment Debtor: Please complete this form and
287	287	5 bring it with you to the hearing referenced in the
288	288	6 enclosed citation notice. You should also bring to the
289	289	7 hearing any documents you have to support the information
290	290	8 you provide in this form, such as pay stubs and account
291	291	9 statements. The information you provide will help the
292	292	10 court determine whether you have any property or income
293	293	11 that can be used to satisfy the judgment entered against
294	294	12 you in this matter. The information you provide must be
295	295	13 accurate to the best of your knowledge.
296	296	14 If you fail to appear at this hearing, you could be
297	297	15 held in contempt of court and possibly arrested.
298	298	16 In answer to the citation proceedings served upon the
299	299	17 judgment debtor, he or she answers as follows:
300	300	18 Name:.....................
301	301	19 Home Phone Number:.................
302	302	20 Home Address:....................
303	303	21 Date of Birth:......................
304	304	22 Marital Status:.....................
305	305	23 I have.........dependents.
306	306	24 Do you have a job? YES NO
307	307
308	308
309	309
310	310
311	311
312	312	SB2220 - 8 - LRB103 27841 LNS 54219 b
313	313
314	314
315	315	SB2220- 9 -LRB103 27841 LNS 54219 b SB2220 - 9 - LRB103 27841 LNS 54219 b
316	316	SB2220 - 9 - LRB103 27841 LNS 54219 b
317	317	1 Company's name I work for:......................
318	318	2 Company's address:..............................
319	319	3 Job:
320	320	4 I earn $....... per.......
321	321	5 If self employed, list here your business name and
322	322	6 address:
323	323	7 .............................................
324	324	8 Income from self employment is $......... per
325	325	9 year.
326	326	10 I have the following benefits with my employer:
327	327	11 .............................................
328	328	12 I do not have a job, but I support myself through:
329	329	13 Government Assistance $........ per month
330	330	14 Unemployment $........ per month
331	331	15 Social Security $........ per month
332	332	16 SSI $........ per month
333	333	17 Pension $........ per month
334	334	18 Other $........ per month
335	335	19 Real Estate:
336	336	20 Do you own any real estate? YES NO
337	337	21 I own real estate at.........., with names of other
338	338	22 owners
339	339	23 .................................................
340	340	24 Additional real estate I own:....................
341	341	25 I have a beneficial interest in a land trust. The name
342	342
343	343
344	344
345	345
346	346
347	347	SB2220 - 9 - LRB103 27841 LNS 54219 b
348	348
349	349
350	350	SB2220- 10 -LRB103 27841 LNS 54219 b SB2220 - 10 - LRB103 27841 LNS 54219 b
351	351	SB2220 - 10 - LRB103 27841 LNS 54219 b
352	352	1 and address of the trustee is:............. The beneficial
353	353	2 interest is listed in my name and........................
354	354	3 There is a mortgage on my real estate. State the
355	355	4 mortgage company's name and address for each parcel of
356	356	5 real estate owned:
357	357	6 .................................................
358	358	7 An assignment of beneficial interest in the land trust
359	359	8 was signed to secure a loan from.........................
360	360	9 I have the following accounts:
361	361	10 Checking account at ..........;
362	362	11 account balance $......
363	363	12 Savings account at ..........;
364	364	13 account balance $......
365	365	14 Money market or certificate of deposit at....
366	366	15 Safe deposit box at..........................
367	367	16 Other accounts (please identify):............
368	368	17 I own:
369	369	18 A vehicle (state year, make, model, and VIN):.
370	370	19 Jewelry (please specify):....................
371	371	20 Other property described as:......................
372	372	21 Stocks/Bonds.....................
373	373	22 Personal computer................
374	374	23 DVD player.......................
375	375	24 Television.......................
376	376	25 Stove.......................
377	377	26 Microwave.......................
378	378
379	379
380	380
381	381
382	382
383	383	SB2220 - 10 - LRB103 27841 LNS 54219 b
384	384
385	385
386	386	SB2220- 11 -LRB103 27841 LNS 54219 b SB2220 - 11 - LRB103 27841 LNS 54219 b
387	387	SB2220 - 11 - LRB103 27841 LNS 54219 b
388	388	1 Work tools.......................
389	389	2 Business equipment.......................
390	390	3 Farm equipment.......................
391	391	4 Other property (please specify):
392	392	5 .............................................
393	393	6 Signature:....................
394	394	7 (b-10) Any action properly initiated under this Section
395	395	8 may proceed notwithstanding an absent or incomplete Income and
396	396	9 Asset Form, and a judgment debtor may be examined for the
397	397	10 purpose of allowing the judgment creditor to discover income
398	398	11 and assets belonging to the judgment debtor or in which the
399	399	12 judgment debtor has an interest.
400	400	13 (c) When assets or income of the judgment debtor not
401	401	14 exempt from the satisfaction of a judgment, a deduction order
402	402	15 or garnishment are discovered, the court may, by appropriate
403	403	16 order or judgment:
404	404	17 (1) Compel the judgment debtor to deliver up, to be
405	405	18 applied in satisfaction of the judgment, in whole or in
406	406	19 part, money, choses in action, property or effects in his
407	407	20 or her possession or control, so discovered, capable of
408	408	21 delivery and to which his or her title or right of
409	409	22 possession is not substantially disputed.
410	410	23 (2) Compel the judgment debtor to pay to the judgment
411	411	24 creditor or apply on the judgment, in installments, a
412	412	25 portion of his or her income, however or whenever earned
413	413	26 or acquired, as the court may deem proper, having due
414	414
415	415
416	416
417	417
418	418
419	419	SB2220 - 11 - LRB103 27841 LNS 54219 b
420	420
421	421
422	422	SB2220- 12 -LRB103 27841 LNS 54219 b SB2220 - 12 - LRB103 27841 LNS 54219 b
423	423	SB2220 - 12 - LRB103 27841 LNS 54219 b
424	424	1 regard for the reasonable requirements of the judgment
425	425	2 debtor and his or her family, if dependent upon him or her,
426	426	3 as well as any payments required to be made by prior order
427	427	4 of court or under wage assignments outstanding; provided
428	428	5 that the judgment debtor shall not be compelled to pay
429	429	6 income which would be considered exempt as wages under the
430	430	7 Wage Deduction Statute. The court may modify an order for
431	431	8 installment payments, from time to time, upon application
432	432	9 of either party upon notice to the other.
433	433	10 (3) Compel any person cited, other than the judgment
434	434	11 debtor, to deliver up any assets so discovered, to be
435	435	12 applied in satisfaction of the judgment, in whole or in
436	436	13 part, when those assets are held under such circumstances
437	437	14 that in an action by the judgment debtor he or she could
438	438	15 recover them in specie or obtain a judgment for the
439	439	16 proceeds or value thereof as for conversion or
440	440	17 embezzlement. A judgment creditor may recover a corporate
441	441	18 judgment debtor's property on behalf of the judgment
442	442	19 debtor for use of the judgment creditor by filing an
443	443	20 appropriate petition within the citation proceedings.
444	444	21 (4) Enter any order upon or judgment against the
445	445	22 person cited that could be entered in any garnishment
446	446	23 proceeding.
447	447	24 (5) Compel any person cited to execute an assignment
448	448	25 of any chose in action or a conveyance of title to real or
449	449	26 personal property or resign memberships in exchanges,
450	450
451	451
452	452
453	453
454	454
455	455	SB2220 - 12 - LRB103 27841 LNS 54219 b
456	456
457	457
458	458	SB2220- 13 -LRB103 27841 LNS 54219 b SB2220 - 13 - LRB103 27841 LNS 54219 b
459	459	SB2220 - 13 - LRB103 27841 LNS 54219 b
460	460	1 clubs, or other entities in the same manner and to the same
461	461	2 extent as a court could do in any proceeding by a judgment
462	462	3 creditor to enforce payment of a judgment or in aid of the
463	463	4 enforcement of a judgment.
464	464	5 (6) Authorize the judgment creditor to maintain an
465	465	6 action against any person or corporation that, it appears
466	466	7 upon proof satisfactory to the court, is indebted to the
467	467	8 judgment debtor, for the recovery of the debt, forbid the
468	468	9 transfer or other disposition of the debt until an action
469	469	10 can be commenced and prosecuted to judgment, direct that
470	470	11 the papers or proof in the possession or control of the
471	471	12 debtor and necessary in the prosecution of the action be
472	472	13 delivered to the creditor or impounded in court, and
473	473	14 provide for the disposition of any moneys in excess of the
474	474	15 sum required to pay the judgment creditor's judgment and
475	475	16 costs allowed by the court.
476	476	17 (7) Order the unfreezing or return of wages or assets
477	477	18 to the debtor if the debtor demonstrates that: (i) wages
478	478	19 or assets that were frozen or garnished did not belong to
479	479	20 the debtor at the time of garnishment, (ii) wages or
480	480	21 assets that were frozen or garnished would have been
481	481	22 exempt had the debtor asserted the debtor's exemptions,
482	482	23 (iii) the underlying judgment is stayed or vacated, or
483	483	24 (iv) the wages or assets should otherwise not have been
484	484	25 garnished.
485	485	26 (c-5) If a citation is directed to a judgment debtor who is
486	486
487	487
488	488
489	489
490	490
491	491	SB2220 - 13 - LRB103 27841 LNS 54219 b
492	492
493	493
494	494	SB2220- 14 -LRB103 27841 LNS 54219 b SB2220 - 14 - LRB103 27841 LNS 54219 b
495	495	SB2220 - 14 - LRB103 27841 LNS 54219 b
496	496	1 a natural person, no payment order shall be entered under
497	497	2 subsection (c) unless the Income and Asset Form was served
498	498	3 upon the judgment debtor as required by subsection (b-1), the
499	499	4 judgment debtor has had an opportunity to assert exemptions,
500	500	5 and the payments are from non-exempt sources.
501	501	6 (d) No order or judgment shall be entered under subsection
502	502	7 (c) in favor of the judgment creditor unless there appears of
503	503	8 record a certification of mailing showing that a copy of the
504	504	9 citation and a copy of the citation notice was mailed to the
505	505	10 judgment debtor as required by subsection (b).
506	506	11 (d-5) If upon examination the court determines that the
507	507	12 judgment debtor does not possess any non-exempt income or
508	508	13 assets, then the citation shall be dismissed.
509	509	14 (e) All property ordered to be delivered up shall, except
510	510	15 as otherwise provided in this Section, be delivered to the
511	511	16 sheriff to be collected by the sheriff or sold at public sale
512	512	17 and the proceeds thereof applied towards the payment of costs
513	513	18 and the satisfaction of the judgment. If the judgment debtor's
514	514	19 property is of such a nature that it is not readily delivered
515	515	20 up to the sheriff for public sale or if another method of sale
516	516	21 is more appropriate to liquidate the property or enhance its
517	517	22 value at sale, the court may order the sale of such property by
518	518	23 the debtor, third party respondent, or by a selling agent
519	519	24 other than the sheriff upon such terms as are just and
520	520	25 equitable. The proceeds of sale, after deducting reasonable
521	521	26 and necessary expenses, are to be turned over to the creditor
522	522
523	523
524	524
525	525
526	526
527	527	SB2220 - 14 - LRB103 27841 LNS 54219 b
528	528
529	529
530	530	SB2220- 15 -LRB103 27841 LNS 54219 b SB2220 - 15 - LRB103 27841 LNS 54219 b
531	531	SB2220 - 15 - LRB103 27841 LNS 54219 b
532	532	1 and applied to the balance due on the judgment.
533	533	2 (f)(1) The citation may prohibit the party to whom it is
534	534	3 directed from making or allowing any transfer or other
535	535	4 disposition of, or interfering with, any property not exempt
536	536	5 from the enforcement of a judgment therefrom, a deduction
537	537	6 order or garnishment, belonging to the judgment debtor or to
538	538	7 which he or she may be entitled or which may thereafter be
539	539	8 acquired by or become due to him or her, and from paying over
540	540	9 or otherwise disposing of any moneys not so exempt which are
541	541	10 due or to become due to the judgment debtor, until the further
542	542	11 order of the court or the termination of the proceeding,
543	543	12 whichever occurs first. The third party may not be obliged to
544	544	13 withhold the payment of any moneys beyond double the amount of
545	545	14 the balance due sought to be enforced by the judgment
546	546	15 creditor. The court may punish any party who violates the
547	547	16 restraining provision of a citation as and for a contempt, or
548	548	17 if the party is a third party may enter judgment against him or
549	549	18 her in the amount of the unpaid portion of the judgment and
550	550	19 costs allowable under this Section, or in the amount of the
551	551	20 value of the property transferred, whichever is lesser.
552	552	21 (2) The court may enjoin any person, whether or not a party
553	553	22 to the citation proceeding, from making or allowing any
554	554	23 transfer or other disposition of, or interference with, the
555	555	24 property of the judgment debtor not exempt from the
556	556	25 enforcement of a judgment, a deduction order or garnishment,
557	557	26 or the property or debt not so exempt concerning which any
558	558
559	559
560	560
561	561
562	562
563	563	SB2220 - 15 - LRB103 27841 LNS 54219 b
564	564
565	565
566	566	SB2220- 16 -LRB103 27841 LNS 54219 b SB2220 - 16 - LRB103 27841 LNS 54219 b
567	567	SB2220 - 16 - LRB103 27841 LNS 54219 b
568	568	1 person is required to attend and be examined until further
569	569	2 direction in the premises. The injunction order shall remain
570	570	3 in effect until vacated by the court or until the proceeding is
571	571	4 terminated, whichever first occurs.
572	572	5 (g) If it appears that any property, chose in action,
573	573	6 credit or effect discovered, or any interest therein, is
574	574	7 claimed by any person, the court shall, as in garnishment
575	575	8 proceedings, permit or require the claimant to appear and
576	576	9 maintain his or her right. The rights of the person cited and
577	577	10 the rights of any adverse claimant shall be asserted and
578	578	11 determined pursuant to the law relating to garnishment
579	579	12 proceedings.
580	580	13 (h) Costs in proceedings authorized by this Section shall
581	581	14 be allowed, assessed and paid in accordance with rules,
582	582	15 provided that if the court determines, in its discretion, that
583	583	16 costs incurred by the judgment creditor were improperly
584	584	17 incurred, those costs shall be paid by the judgment creditor.
585	585	18 (i) This Section is in addition to and does not affect
586	586	19 enforcement of judgments or citation proceedings thereto, by
587	587	20 any other methods now or hereafter provided by law.
588	588	21 (j) This Section does not grant the power to any court to
589	589	22 order installment or other payments from, or compel the sale,
590	590	23 delivery, surrender, assignment or conveyance of any property
591	591	24 exempt by statute from the enforcement of a judgment thereon,
592	592	25 a deduction order, garnishment, attachment, sequestration,
593	593	26 process or other levy or seizure.
594	594
595	595
596	596
597	597
598	598
599	599	SB2220 - 16 - LRB103 27841 LNS 54219 b
600	600
601	601
602	602	SB2220- 17 -LRB103 27841 LNS 54219 b SB2220 - 17 - LRB103 27841 LNS 54219 b
603	603	SB2220 - 17 - LRB103 27841 LNS 54219 b
604	604	1 (k) (Blank).
605	605	2 (k-3) The court may enter any order upon or judgment
606	606	3 against the respondent cited that could be entered in any
607	607	4 garnishment proceeding under Part 7 of Article XII of this
608	608	5 Code. This subsection (k-3) shall be construed as being
609	609	6 declarative of existing law and not as a new enactment.
610	610	7 (k-5) If, after proper notice to the respondent, the court
611	611	8 determines that any property held by a third party respondent
612	612	9 is wages pursuant to Section 12-801, the court shall proceed
613	613	10 as if a wage deduction proceeding had been filed and proceed to
614	614	11 enter such necessary and proper orders as would have been
615	615	12 entered in a wage deduction proceeding including but not
616	616	13 limited to the granting of the statutory exemptions allowed by
617	617	14 Section 12-803 and all other remedies allowed plaintiff and
618	618	15 defendant pursuant to Part 8 of Article 12 of this Act.
619	619	16 (k-10) If a creditor discovers personal property of the
620	620	17 judgment debtor that is subject to the lien of a citation to
621	621	18 discover assets, the creditor may have the court impress a
622	622	19 lien against a specific item of personal property, including a
623	623	20 beneficial interest in a land trust. The lien survives the
624	624	21 termination of the citation proceedings and remains as a lien
625	625	22 against the personal property in the same manner that a
626	626	23 judgment lien recorded against real property pursuant to
627	627	24 Section 12-101 remains a lien on real property. If the
628	628	25 judgment is revived before dormancy, the lien shall remain. A
629	629	26 lien against personal property may, but need not, be recorded
630	630
631	631
632	632
633	633
634	634
635	635	SB2220 - 17 - LRB103 27841 LNS 54219 b
636	636
637	637
638	638	SB2220- 18 -LRB103 27841 LNS 54219 b SB2220 - 18 - LRB103 27841 LNS 54219 b
639	639	SB2220 - 18 - LRB103 27841 LNS 54219 b
640	640	1 in the office of the recorder or filed as an informational
641	641	2 filing pursuant to the Uniform Commercial Code.
642	642	3 (l) At any citation hearing at which the judgment debtor
643	643	4 appears and seeks a declaration that certain of his or her
644	644	5 income or assets are exempt, the court shall proceed to
645	645	6 determine whether the property which the judgment debtor
646	646	7 declares to be exempt is exempt from judgment. At any time
647	647	8 before the return date specified on the citation, the judgment
648	648	9 debtor may request, in writing, a hearing to declare exempt
649	649	10 certain income and assets by notifying the clerk of the court
650	650	11 before that time, using forms as may be provided by the clerk
651	651	12 of the court. The clerk of the court will obtain a prompt
652	652	13 hearing date from the court and will provide the necessary
653	653	14 forms that must be prepared by the judgment debtor or the
654	654	15 attorney for the judgment debtor and sent to the judgment
655	655	16 creditor, or the judgment creditor's attorney, regarding the
656	656	17 time and location of the hearing. This notice may be sent by
657	657	18 regular first class mail. At the hearing, the court shall
658	658	19 immediately, unless for good cause shown that the hearing is
659	659	20 to be continued, shall proceed to determine whether the
660	660	21 property which the judgment debtor declares to be exempt is
661	661	22 exempt from judgment. The restraining provisions of subsection
662	662	23 (f) shall not apply to any property determined by the court to
663	663	24 be exempt.
664	664	25 (m) The judgment or balance due on the judgment becomes a
665	665	26 lien when a citation is served in accordance with subsection
666	666
667	667
668	668
669	669
670	670
671	671	SB2220 - 18 - LRB103 27841 LNS 54219 b
672	672
673	673
674	674	SB2220- 19 -LRB103 27841 LNS 54219 b SB2220 - 19 - LRB103 27841 LNS 54219 b
675	675	SB2220 - 19 - LRB103 27841 LNS 54219 b
676	676	1 (a) of this Section. The lien binds nonexempt personal
677	677	2 property, including money, choses in action, and effects of
678	678	3 the judgment debtor as follows:
679	679	4 (1) When the citation is directed against the judgment
680	680	5 debtor, upon all personal property belonging to the
681	681	6 judgment debtor in the possession or control of the
682	682	7 judgment debtor or which may thereafter be acquired or
683	683	8 come due to the judgment debtor to the time of the
684	684	9 disposition of the citation.
685	685	10 (2) When the citation is directed against a third
686	686	11 party, upon all personal property belonging to the
687	687	12 judgment debtor in the possession or control of the third
688	688	13 party or which thereafter may be acquired or come due the
689	689	14 judgment debtor and comes into the possession or control
690	690	15 of the third party to the time of the disposition of the
691	691	16 citation.
692	692	17 The lien established under this Section does not affect
693	693	18 the rights of citation respondents in property prior to the
694	694	19 service of the citation upon them and does not affect the
695	695	20 rights of bona fide purchasers or lenders without notice of
696	696	21 the citation. The lien is effective for the period specified
697	697	22 by Supreme Court Rule.
698	698	23 This subsection (m), as added by Public Act 88-48, is a
699	699	24 declaration of existing law.
700	700	25 (n) If any provision of this Act or its application to any
701	701	26 person or circumstance is held invalid, the invalidity of that
702	702
703	703
704	704
705	705
706	706
707	707	SB2220 - 19 - LRB103 27841 LNS 54219 b
708	708
709	709
710	710	SB2220- 20 -LRB103 27841 LNS 54219 b SB2220 - 20 - LRB103 27841 LNS 54219 b
711	711	SB2220 - 20 - LRB103 27841 LNS 54219 b
712	712	1 provision or application does not affect the provisions or
713	713	2 applications of the Act that can be given effect without the
714	714	3 invalid provision or application.
715	715	4 (o) The changes to this Section made by this amendatory
716	716	5 Act of the 97th General Assembly apply only to citation
717	717	6 proceedings commenced under this Section on or after the
718	718	7 effective date of this amendatory Act of the 97th General
719	719	8 Assembly. The requirements or limitations set forth in
720	720	9 subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not
721	721	10 apply to the enforcement of any order or judgment resulting
722	722	11 from an adjudication of a municipal ordinance violation that
723	723	12 is subject to Supreme Court Rules 570 through 579, or from an
724	724	13 administrative adjudication of such an ordinance violation.
725	725	14 (Source: P.A. 101-191, eff. 8-2-19.)
726	726	15 (735 ILCS 5/2-1602)
727	727	16 Sec. 2-1602. Revival of judgment.
728	728	17 (a) Except as provided in subsection (a-5), a judgment may
729	729	18 be revived by filing a petition to revive the judgment in the
730	730	19 seventh year after its entry, or in the seventh year after its
731	731	20 last revival, or in the twentieth year after its entry, or at
732	732	21 any other time within 20 years after its entry if the judgment
733	733	22 becomes dormant and by serving the petition and entering a
734	734	23 court order for revival as provided in the following
735	735	24 subsections. The provisions of this amendatory Act of the 96th
736	736	25 General Assembly are declarative of existing law.
737	737
738	738
739	739
740	740
741	741
742	742	SB2220 - 20 - LRB103 27841 LNS 54219 b
743	743
744	744
745	745	SB2220- 21 -LRB103 27841 LNS 54219 b SB2220 - 21 - LRB103 27841 LNS 54219 b
746	746	SB2220 - 21 - LRB103 27841 LNS 54219 b
747	747	1 (a-5) A consumer debt judgment as defined in subsection
748	748	2 (b) of Section 2-1303 may not be revived and shall expire after
749	749	3 7 years from the date of entry by filing a petition to revive
750	750	4 the consumer debt judgment no later than 10 years after its
751	751	5 entry and by serving the petition and entering a court order
752	752	6 for revival as provided in this Section.
753	753	7 (b) A petition to revive a judgment shall be filed in the
754	754	8 original case in which the judgment was entered. The petition
755	755	9 shall include a statement as to the original date and amount of
756	756	10 the judgment, court costs expended, accrued interest, and
757	757	11 credits to the judgment, if any.
758	758	12 (c) Service of notice of the petition to revive a judgment
759	759	13 shall be made in accordance with Supreme Court Rule 106.
760	760	14 (d) An order reviving a judgment shall be for the original
761	761	15 amount of the judgment. The plaintiff may recover interest and
762	762	16 court costs from the date of the original judgment. Credits to
763	763	17 the judgment shall be reflected by the plaintiff in
764	764	18 supplemental proceedings or execution.
765	765	19 (e) If a judgment debtor has filed for protection under
766	766	20 the United States Bankruptcy Code and failed to successfully
767	767	21 adjudicate and remove a lien filed by a judgment creditor,
768	768	22 then the judgment may be revived only as to the property to
769	769	23 which a lien attached before the filing of the bankruptcy
770	770	24 action.
771	771	25 (f) A judgment may be revived as to fewer than all judgment
772	772	26 debtors, and such order for revival of judgment shall be
773	773
774	774
775	775
776	776
777	777
778	778	SB2220 - 21 - LRB103 27841 LNS 54219 b
779	779
780	780
781	781	SB2220- 22 -LRB103 27841 LNS 54219 b SB2220 - 22 - LRB103 27841 LNS 54219 b
782	782	SB2220 - 22 - LRB103 27841 LNS 54219 b
783	783	1 final, appealable, and enforceable.
784	784	2 (g) This Section does not apply to a child support
785	785	3 judgment or to a judgment recovered in an action for damages
786	786	4 for an injury described in Section 13-214.1, which need not be
787	787	5 revived as provided in this Section and which may be enforced
788	788	6 at any time as provided in Section 12-108.
789	789	7 (h) If a judgment becomes dormant during the pendency of
790	790	8 an enforcement proceeding against wages under Part 14 of this
791	791	9 Article or under Article XII, the enforcement may continue to
792	792	10 conclusion without revival of the underlying judgment so long
793	793	11 as the enforcement is done under court supervision and
794	794	12 includes a wage deduction order or turn over order and is
795	795	13 against an employer, garnishee, or other third party
796	796	14 respondent.
797	797	15 (Source: P.A. 101-168, eff. 1-1-20.)
798	798	16 (735 ILCS 5/12-803) (from Ch. 110, par. 12-803)
799	799	17 Sec. 12-803. Wages subject to collection.
800	800	18 (a) The wages, salary, commissions, and bonuses subject to
801	801	19 collection under a deduction order, for any work week shall be
802	802	20 the lesser of:
803	803	21 (1) 10% 15% of such gross amount paid for that week; or
804	804	22 (2) the amount by which disposable earnings for a week
805	805	23 exceed 80 45 times the Federal Minimum Hourly Wage
806	806	24 prescribed by Section 206(a)(1) of Title 29 of the United
807	807	25 States Code, as amended, or, under a wage deduction
808	808
809	809
810	810
811	811
812	812
813	813	SB2220 - 22 - LRB103 27841 LNS 54219 b
814	814
815	815
816	816	SB2220- 23 -LRB103 27841 LNS 54219 b SB2220 - 23 - LRB103 27841 LNS 54219 b
817	817	SB2220 - 23 - LRB103 27841 LNS 54219 b
818	818	1 summons served on or after January 1, 2006, the minimum
819	819	2 hourly wage prescribed by Section 4 of the Minimum Wage
820	820	3 Law, whichever is greater, in effect at the time the
821	821	4 amounts are payable.
822	822	5 (b) Payments owed to or received by the judgment debtor
823	823	6 pursuant to an independent contractor relationship that are
824	824	7 subject to collection are limited to the lesser of (i) 10% of
825	825	8 gross weekly wages or (ii) the amount by which disposable
826	826	9 earnings for a week exceed the total of 100 times the State
827	827	10 minimum hourly wage or the federal minimum hourly wage,
828	828	11 whichever is greater.
829	829	12 (c) This Section provision (and no other) applies
830	830	13 irrespective of the place where the compensation was earned or
831	831	14 payable and the State where the employee resides. No amounts
832	832	15 required by law to be withheld may be taken from other amounts
833	833	16 the amount collected by the creditor. The term "disposable
834	834	17 earnings" means that part of the earnings of any individual
835	835	18 remaining after (i) the deduction from those earnings of any
836	836	19 amounts required by law to be withheld and (ii) any deductions
837	837	20 related to employment, retirement, or health, including, but
838	838	21 not limited to, deductions for health, vision, and dental
839	839	22 insurance, deductions for transportation, required work
840	840	23 uniforms, retirement account related deductions, flexible
841	841	24 spending account deductions, and health savings account
842	842	25 deductions.
843	843	26 (c) The Secretary of Financial and Professional Regulation
844	844
845	845
846	846
847	847
848	848
849	849	SB2220 - 23 - LRB103 27841 LNS 54219 b
850	850
851	851
852	852	SB2220- 24 -LRB103 27841 LNS 54219 b SB2220 - 24 - LRB103 27841 LNS 54219 b
853	853	SB2220 - 24 - LRB103 27841 LNS 54219 b
854	854	1 is authorized and empowered to adopt rules consistent with
855	855	2 this Section that define the terms used in this Section and as
856	856	3 may be necessary and appropriate to interpret, implement, and
857	857	4 enforce this Section.
858	858	5 (Source: P.A. 94-306, eff. 1-1-06; 95-661, eff. 1-1-08.)
859	859	6 (735 ILCS 5/12-901) (from Ch. 110, par. 12-901)
860	860	7 Sec. 12-901. Amount. Every individual is entitled to an
861	861	8 estate of homestead to the extent in value of the modern
862	862	9 homestead exemption as applied to $15,000 of his or her
863	863	10 interest in a farm or lot of land and buildings thereon, a
864	864	11 condominium, or personal property, owned or rightly possessed
865	865	12 by lease or otherwise and occupied by him or her as a
866	866	13 residence, or in a cooperative that owns property that the
867	867	14 individual uses as a residence. That homestead and all right
868	868	15 in and title to that homestead is exempt from attachment,
869	869	16 judgment, levy, or judgment sale for the payment of his or her
870	870	17 debts or other purposes. That homestead is also exempt and
871	871	18 from the laws of conveyance, descent, and legacy, except as
872	872	19 provided in this Code or in Section 20-6 of the Probate Act of
873	873	20 1975. This Section is not applicable between joint tenants or
874	874	21 tenants in common but it is applicable as to any creditors of
875	875	22 those persons. As used in this Code, "modern homestead
876	876	23 exemption" means the greater of $260,000 and the most recently
877	877	24 available median sales price of a home in the debtor's
878	878	25 metropolitan statistical area or county. If 2 or more
879	879
880	880
881	881
882	882
883	883
884	884	SB2220 - 24 - LRB103 27841 LNS 54219 b
885	885
886	886
887	887	SB2220- 25 -LRB103 27841 LNS 54219 b SB2220 - 25 - LRB103 27841 LNS 54219 b
888	888	SB2220 - 25 - LRB103 27841 LNS 54219 b
889	889	1 individuals own property that is exempt as a homestead, the
890	890	2 value of the exemption of each individual may not exceed his or
891	891	3 her proportionate share of $600,000 or the modern homestead
892	892	4 exemption, whichever is greater, $30,000 based upon percentage
893	893	5 of ownership. The modern homestead exemption protection
894	894	6 provided under this Section applies to all such exemptions for
895	895	7 the estate of homesteads available under State law, including,
896	896	8 but not limited to, those referenced in this Section and
897	897	9 Sections 12-901, 12-904, 12-906, 12-909, 12-910, 12-911, and
898	898	10 12-912. The metropolitan statistical area median sales price
899	899	11 shall be derived from any reasonably reliable data source,
900	900	12 including any State or federal agency, or a reasonably
901	901	13 credible private source including, but not limited to, an
902	902	14 Illinois-based statewide real estate association. If values
903	903	15 from different reasonably reliable sources of data differ, the
904	904	16 largest value shall apply. The Secretary of Financial and
905	905	17 Professional Regulation is authorized and empowered to adopt
906	906	18 rules consistent with this Section that define the terms used
907	907	19 in this Section and designate reasonably reliable data sources
908	908	20 as may be necessary and appropriate to interpret, and,
909	909	21 implement this Section.
910	910	22 (Source: P.A. 94-293, eff. 1-1-06.)
911	911	23 (735 ILCS 5/12-904) (from Ch. 110, par. 12-904)
912	912	24 Sec. 12-904. Release, waiver or conveyance. No release,
913	913	25 waiver or conveyance of the estate so exempted shall be valid,
914	914
915	915
916	916
917	917
918	918
919	919	SB2220 - 25 - LRB103 27841 LNS 54219 b
920	920
921	921
922	922	SB2220- 26 -LRB103 27841 LNS 54219 b SB2220 - 26 - LRB103 27841 LNS 54219 b
923	923	SB2220 - 26 - LRB103 27841 LNS 54219 b
924	924	1 unless the same is in writing, signed by the individual and his
925	925	2 or her spouse, if he or she have one, or possession is
926	926	3 abandoned or given pursuant to the conveyance; or if the
927	927	4 exception is continued to a child or children without the
928	928	5 order of a court directing a release thereof; but if a
929	929	6 conveyance is made by an individual as grantor to his or her
930	930	7 spouse, such conveyance shall be effectual to pass the title
931	931	8 expressed therein to be conveyed thereby, whether or not the
932	932	9 grantor in such conveyance is joined therein by his or her
933	933	10 spouse. In any case where such release, waiver or conveyance
934	934	11 is taken by way of mortgage or security, the same shall only be
935	935	12 operative as to such specific release, waiver or conveyance;
936	936	13 and when the same includes different pieces of land, or the
937	937	14 homestead is of greater value than the modern homestead
938	938	15 exemption $15,000, the other lands shall first be sold before
939	939	16 resorting to the homestead, and in case of the sale of such
940	940	17 homestead, if any balance remains after the payment of the
941	941	18 debt and costs, such balance shall, to the extent of the modern
942	942	19 homestead exemption $15,000 be exempt, and be applied upon
943	943	20 such homestead exemption in the manner provided by law.
944	944	21 (Source: P.A. 94-293, eff. 1-1-06.)
945	945	22 (735 ILCS 5/12-906) (from Ch. 110, par. 12-906)
946	946	23 Sec. 12-906. Proceeds of sale. When a homestead is
947	947	24 conveyed by the owner thereof, such conveyance shall not
948	948	25 subject the premises to any lien or incumbrance to which it
949	949
950	950
951	951
952	952
953	953
954	954	SB2220 - 26 - LRB103 27841 LNS 54219 b
955	955
956	956
957	957	SB2220- 27 -LRB103 27841 LNS 54219 b SB2220 - 27 - LRB103 27841 LNS 54219 b
958	958	SB2220 - 27 - LRB103 27841 LNS 54219 b
959	959	1 would not be subject in the possession of such owner; and the
960	960	2 proceeds thereof, to the extent of the amount of the modern
961	961	3 homestead exemption $15,000, shall be exempt from judgment or
962	962	4 other process, for one year after the receipt thereof, by the
963	963	5 person entitled to the exemption, and if reinvested in a
964	964	6 homestead the same shall be entitled to the same exemption as
965	965	7 the original homestead.
966	966	8 (Source: P.A. 94-293, eff. 1-1-06.)
967	967	9 (735 ILCS 5/12-909) (from Ch. 110, par. 12-909)
968	968	10 Sec. 12-909. Bid for less than exempted amount. No sale
969	969	11 shall be made of the premises on such judgment unless a greater
970	970	12 sum than the modern homestead exemption $15,000 is bid
971	971	13 therefor. If a greater sum is not so bid, the judgment may be
972	972	14 set aside or modified, or the enforcement of the judgment
973	973	15 released, as for lack of property.
974	974	16 (Source: P.A. 94-293, eff. 1-1-06.)
975	975	17 (735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
976	976	18 Sec. 12-910. Proceedings to enforce judgment. If in the
977	977	19 opinion of the judgment creditors, or the officer holding a
978	978	20 certified copy of a judgment for enforcement against such
979	979	21 individuals, the premises claimed by him or her as exempt are
980	980	22 worth more than the modern homestead exemption $15,000, such
981	981	23 officer shall summon 3 individuals, as commissioners, who
982	982	24 shall, upon oath, to be administered to them by the officer,
983	983
984	984
985	985
986	986
987	987
988	988	SB2220 - 27 - LRB103 27841 LNS 54219 b
989	989
990	990
991	991	SB2220- 28 -LRB103 27841 LNS 54219 b SB2220 - 28 - LRB103 27841 LNS 54219 b
992	992	SB2220 - 28 - LRB103 27841 LNS 54219 b
993	993	1 appraise the premises, and if, in their opinion, the property
994	994	2 may be divided without damage to the interest of the parties,
995	995	3 they shall set off so much of the premises, including the
996	996	4 dwelling house, as in their opinion is worth the modern
997	997	5 homestead exemption $15,000, and the residue of the premises
998	998	6 may be advertised and sold by such officer. Each commissioner
999	999	7 shall receive for his or her services the sum of $5 per day for
1000	1000	8 each day necessarily engaged in such service. The officer
1001	1001	9 summoning such commissioners shall receive such fees as may be
1002	1002	10 allowed for serving summons, but shall be entitled to charge
1003	1003	11 mileage for only the actual distance traveled from the
1004	1004	12 premises to be appraised, to the residence of the
1005	1005	13 commissioners summoned. The officer shall not be required to
1006	1006	14 summon commissioners until the judgment creditor, or some one
1007	1007	15 for him or her, shall advance to the officer one day's fees for
1008	1008	16 the commissioners, and unless the creditor shall advance such
1009	1009	17 fees the officer shall not be required to enforce the
1010	1010	18 judgment. The costs of such appraisement shall not be taxed
1011	1011	19 against the judgment debtor unless such appraisement shows
1012	1012	20 that the judgment debtor has property subject to such
1013	1013	21 judgment.
1014	1014	22 (Source: P.A. 94-293, eff. 1-1-06.)
1015	1015	23 (735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
1016	1016	24 Sec. 12-911. Notice to judgment debtor. In case the value
1017	1017	25 of the premises is, in the opinion of the commissioners, more
1018	1018
1019	1019
1020	1020
1021	1021
1022	1022
1023	1023	SB2220 - 28 - LRB103 27841 LNS 54219 b
1024	1024
1025	1025
1026	1026	SB2220- 29 -LRB103 27841 LNS 54219 b SB2220 - 29 - LRB103 27841 LNS 54219 b
1027	1027	SB2220 - 29 - LRB103 27841 LNS 54219 b
1028	1028	1 than the modern homestead exemption $15,000, and cannot be
1029	1029	2 divided as is provided for in Section 12-910 of this Act, they
1030	1030	3 shall make and sign an appraisal of the value thereof, and
1031	1031	4 deliver the same to the officer, who shall deliver a copy
1032	1032	5 thereof to the judgment debtor, or to some one of the family of
1033	1033	6 the age of 13 years or upwards, with a notice thereto attached
1034	1034	7 that unless the judgment debtor pays to such officer the
1035	1035	8 surplus over and above the modern homestead exemption $15,000
1036	1036	9 on the amount due on the judgment within 60 days thereafter,
1037	1037	10 such premises will be sold.
1038	1038	11 (Source: P.A. 94-293, eff. 1-1-06.)
1039	1039	12 (735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
1040	1040	13 Sec. 12-912. Sale of premises - Distribution of proceeds.
1041	1041	14 In case of such surplus, or the amount due on the judgment is
1042	1042	15 not paid within the 60 days, the officer may advertise and sell
1043	1043	16 the premises, and out of the proceeds of such sale pay to such
1044	1044	17 judgment debtor the sum of the modern homestead exemption
1045	1045	18 $15,000, and apply the balance on the judgment.
1046	1046	19 (Source: P.A. 94-293, eff. 1-1-06.)
1047	1047	20 (735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001)
1048	1048	21 Sec. 12-1001. Personal property exempt. The following
1049	1049	22 personal property, owned by the debtor, is exempt from
1050	1050	23 judgment, attachment, or distress for rent:
1051	1051	24 (a) All household goods, including, but not limited
1052	1052
1053	1053
1054	1054
1055	1055
1056	1056
1057	1057	SB2220 - 29 - LRB103 27841 LNS 54219 b
1058	1058
1059	1059
1060	1060	SB2220- 30 -LRB103 27841 LNS 54219 b SB2220 - 30 - LRB103 27841 LNS 54219 b
1061	1061	SB2220 - 30 - LRB103 27841 LNS 54219 b
1062	1062	1 to, the debtor's and the debtor's dependents' food, eating
1063	1063	2 and cooking utensils, bedding, furniture, books,
1064	1064	3 refrigerator, stove, microwave oven, kitchen appliances,
1065	1065	4 necessary provisions, washing machine, clothes dryer,
1066	1066	5 vacuum cleaner, yard equipment, and household equipment
1067	1067	6 and tools, and all personal possessions, including, but
1068	1068	7 not limited to, clothing, pets, personal health aids,
1069	1069	8 medications, computers or similar electronic devices, and
1070	1070	9 telephones, except that a creditor may obtain court
1071	1071	10 permission to levy on any item of furniture, appliance,
1072	1072	11 electronic device, yard equipment, precious item,
1073	1073	12 utensils, set of utensils, or any other item exempt under
1074	1074	13 this subsection that has a resale value of more than
1075	1075	14 $5,000, unless that item is exempt under another
1076	1076	15 subsection. The debtor may exempt one piece of jewelry up
1077	1077	16 to a value of $10,000 The necessary wearing apparel,
1078	1078	17 bible, school books, and family pictures of the debtor and
1079	1079	18 the debtor's dependents;
1080	1080	19 (b) The debtor's equity interest, not to exceed
1081	1081	20 $15,000 $4,000 in value, in any nonexempt properties other
1082	1082	21 property;
1083	1083	22 (c) The debtor's equity interest, not to exceed
1084	1084	23 $25,000 $2,400 in value, in any one motor vehicle;
1085	1085	24 (d) The debtor's equity interest, not to exceed $7,500
1086	1086	25 $1,500 in value, in any implements, professional books,
1087	1087	26 equipment, one motor vehicle used primarily for the
1088	1088
1089	1089
1090	1090
1091	1091
1092	1092
1093	1093	SB2220 - 30 - LRB103 27841 LNS 54219 b
1094	1094
1095	1095
1096	1096	SB2220- 31 -LRB103 27841 LNS 54219 b SB2220 - 31 - LRB103 27841 LNS 54219 b
1097	1097	SB2220 - 31 - LRB103 27841 LNS 54219 b
1098	1098	1 debtor's occupation, regulated licenses, or other tools of
1099	1099	2 the trade of the debtor;
1100	1100	3 (e) Professionally prescribed health aids for the
1101	1101	4 debtor or a dependent of the debtor;
1102	1102	5 (f) All proceeds payable because of the death of the
1103	1103	6 insured and the aggregate net cash value of any or all life
1104	1104	7 insurance and endowment policies and annuity contracts
1105	1105	8 payable to a wife or husband of the insured, or to a child,
1106	1106	9 parent, or other person dependent upon the insured, or to
1107	1107	10 a revocable or irrevocable trust which names the wife or
1108	1108	11 husband of the insured or which names a child, parent, or
1109	1109	12 other person dependent upon the insured as the primary
1110	1110	13 beneficiary of the trust, whether the power to change the
1111	1111	14 beneficiary is reserved to the insured or not and whether
1112	1112	15 the insured or the insured's estate is a contingent
1113	1113	16 beneficiary or not;
1114	1114	17 (g) The debtor's right to receive and retain:
1115	1115	18 (1) a social security benefit, unemployment
1116	1116	19 compensation, or public assistance benefit;
1117	1117	20 (2) a veteran's benefit;
1118	1118	21 (3) a disability, illness, or unemployment
1119	1119	22 benefit, including utility, rental, and foreclosure
1120	1120	23 assistance grants, down payment assistance funds,
1121	1121	24 stimulus payments, and means-tested tax credits; and
1122	1122	25 (4) alimony, support, or separate maintenance, to
1123	1123	26 the extent reasonably necessary for the support of the
1124	1124
1125	1125
1126	1126
1127	1127
1128	1128
1129	1129	SB2220 - 31 - LRB103 27841 LNS 54219 b
1130	1130
1131	1131
1132	1132	SB2220- 32 -LRB103 27841 LNS 54219 b SB2220 - 32 - LRB103 27841 LNS 54219 b
1133	1133	SB2220 - 32 - LRB103 27841 LNS 54219 b
1134	1134	1 debtor and any dependent of the debtor.
1135	1135	2 (h) The debtor's right to receive and retain, or
1136	1136	3 property that is traceable to:
1137	1137	4 (1) an award under a crime victim's reparation
1138	1138	5 law;
1139	1139	6 (2) a payment on account of the wrongful death of
1140	1140	7 an individual of whom the debtor was a dependent, to
1141	1141	8 the extent reasonably necessary for the support of the
1142	1142	9 debtor;
1143	1143	10 (3) a payment under a life insurance contract that
1144	1144	11 insured the life of an individual of whom the debtor
1145	1145	12 was a dependent, to the extent reasonably necessary
1146	1146	13 for the support of the debtor or a dependent of the
1147	1147	14 debtor;
1148	1148	15 (4) a payment, not to exceed $30,000 $15,000 in
1149	1149	16 value plus any other amount necessary to cover the
1150	1150	17 costs of reasonable medical, rehabilitative, or
1151	1151	18 psychological treatment, on account of personal bodily
1152	1152	19 injury of the debtor or an individual of whom the
1153	1153	20 debtor was a dependent; and
1154	1154	21 (5) any restitution payments made to persons
1155	1155	22 pursuant to the federal Civil Liberties Act of 1988
1156	1156	23 and the Aleutian and Pribilof Island Restitution Act,
1157	1157	24 P.L. 100-383.
1158	1158	25 For purposes of this subsection (h), a debtor's right
1159	1159	26 to receive an award or payment shall be exempt for a
1160	1160
1161	1161
1162	1162
1163	1163
1164	1164
1165	1165	SB2220 - 32 - LRB103 27841 LNS 54219 b
1166	1166
1167	1167
1168	1168	SB2220- 33 -LRB103 27841 LNS 54219 b SB2220 - 33 - LRB103 27841 LNS 54219 b
1169	1169	SB2220 - 33 - LRB103 27841 LNS 54219 b
1170	1170	1 maximum of 2 years after the debtor's right to receive the
1171	1171	2 award or payment accrues; property traceable to an award
1172	1172	3 or payment shall be exempt for a maximum of 5 years after
1173	1173	4 the award or payment accrues; and an award or payment and
1174	1174	5 property traceable to an award or payment shall be exempt
1175	1175	6 only to the extent of the amount of the award or payment,
1176	1176	7 without interest or appreciation from the date of the
1177	1177	8 award or payment.
1178	1178	9 (i) The debtor's right to receive and retain an award
1179	1179	10 under Part 20 of Article II of this Code relating to crime
1180	1180	11 victims' awards.
1181	1181	12 (i-5) The debtor's equity interest in any funds held
1182	1182	13 in a health savings account, flexible spending account,
1183	1183	14 medical savings account, or a health reimbursement
1184	1184	15 arrangement.
1185	1185	16 (i-10) In each bank or other regulated depository
1186	1186	17 account held by the debtor, an amount not to exceed
1187	1187	18 $10,000, until:
1188	1188	19 (1) a hearing has been held; and
1189	1189	20 (2) the debtor has been given a reasonable
1190	1190	21 opportunity to indicate to which personal property he
1191	1191	22 or she seeks to exempt under subsection (b). At which
1192	1192	23 time, the debtor may protect up to $15,000 of equity in
1193	1193	24 any nonexempt personal property. Notwithstanding the
1194	1194	25 foregoing, if the debtor, after being provided a
1195	1195	26 reasonable opportunity to indicate to which personal
1196	1196
1197	1197
1198	1198
1199	1199
1200	1200
1201	1201	SB2220 - 33 - LRB103 27841 LNS 54219 b
1202	1202
1203	1203
1204	1204	SB2220- 34 -LRB103 27841 LNS 54219 b SB2220 - 34 - LRB103 27841 LNS 54219 b
1205	1205	SB2220 - 34 - LRB103 27841 LNS 54219 b
1206	1206	1 property he or she seeks to apply the exemption under
1207	1207	2 subsection (b), does not attend the hearing or return
1208	1208	3 the citation electing the debtor's exemptions, the
1209	1209	4 exemption in subsection (b) shall be automatically
1210	1210	5 applied to prohibit garnishment that would result in
1211	1211	6 the debtor having less than a cumulative balance of
1212	1212	7 $10,000 in his or her bank or other depository
1213	1213	8 accounts.
1214	1214	9 Upon receiving a citation to discover assets, a
1215	1215	10 financial institution shall not freeze the debtor's access
1216	1216	11 or turn over to the judgment creditor the amount in the
1217	1217	12 debtor's account that is $15,000 or less, but shall inform
1218	1218	13 the debtor, the court, and the judgment creditor of the
1219	1219	14 amount in the debtor's account. A judgment creditor may
1220	1220	15 move to recover any nonexempt fraudulent transfers as
1221	1221	16 defined in the Uniform Fraudulent Transfer Act. The debtor
1222	1222	17 may apply or stack unused wildcard personal property
1223	1223	18 exemptions to any type of unprotected asset.
1224	1224	19 A garnishment order issued against a bank or other
1225	1225	20 account shall instruct the garnishee that it is to freeze
1226	1226	21 or garnish only the amount exceeding $15,000, unless the
1227	1227	22 judgment creditor has established through a hearing as
1228	1228	23 described in Section 2-1402 that the debtor has already
1229	1229	24 claimed this exemption for a different account for the
1230	1230	25 debt.
1231	1231	26 (i-15) The debtor's interest in any prepaid burial
1232	1232
1233	1233
1234	1234
1235	1235
1236	1236
1237	1237	SB2220 - 34 - LRB103 27841 LNS 54219 b
1238	1238
1239	1239
1240	1240	SB2220- 35 -LRB103 27841 LNS 54219 b SB2220 - 35 - LRB103 27841 LNS 54219 b
1241	1241	SB2220 - 35 - LRB103 27841 LNS 54219 b
1242	1242	1 plot, cremation services, or funeral expenses.
1243	1243	2 (j) Moneys held in an account invested in the Illinois
1244	1244	3 College Savings Pool of which the debtor is a participant
1245	1245	4 or donor and funds invested in an ABLE Account as defined
1246	1246	5 by Section 529 of the Internal Revenue Code, except the
1247	1247	6 following non-exempt contributions:
1248	1248	7 (1) any contribution to such account by the debtor
1249	1249	8 as participant or donor that is made with the actual
1250	1250	9 intent to hinder, delay, or defraud any creditor of
1251	1251	10 the debtor;
1252	1252	11 (2) any contributions to such account by the
1253	1253	12 debtor as participant during the 365 day period prior
1254	1254	13 to the date of filing of the debtor's petition for
1255	1255	14 bankruptcy that, in the aggregate during such period,
1256	1256	15 exceed the amount of the annual gift tax exclusion
1257	1257	16 under Section 2503(b) of the Internal Revenue Code of
1258	1258	17 1986, as amended, in effect at the time of
1259	1259	18 contribution; or
1260	1260	19 (3) any contributions to such account by the
1261	1261	20 debtor as participant during the period commencing 730
1262	1262	21 days prior to and ending 366 days prior to the date of
1263	1263	22 filing of the debtor's petition for bankruptcy that,
1264	1264	23 in the aggregate during such period, exceed the amount
1265	1265	24 of the annual gift tax exclusion under Section 2503(b)
1266	1266	25 of the Internal Revenue Code of 1986, as amended, in
1267	1267	26 effect at the time of contribution.
1268	1268
1269	1269
1270	1270
1271	1271
1272	1272
1273	1273	SB2220 - 35 - LRB103 27841 LNS 54219 b
1274	1274
1275	1275
1276	1276	SB2220- 36 -LRB103 27841 LNS 54219 b SB2220 - 36 - LRB103 27841 LNS 54219 b
1277	1277	SB2220 - 36 - LRB103 27841 LNS 54219 b
1278	1278	1 For purposes of this subsection (j), "account"
1279	1279	2 includes all accounts for a particular designated
1280	1280	3 beneficiary, of which the debtor is a participant or
1281	1281	4 donor.
1282	1282	5 (k) The debtor's proceeds from any loan for
1283	1283	6 educational expenses, except as allowed by Title 20,
1284	1284	7 Section 1095a of the United States Code.
1285	1285	8 (l) Any additional amount of income or assets the
1286	1286	9 court finds are needed to prevent substantial hardship to
1287	1287	10 the debtor or the debtor's dependents.
1288	1288	11 Money due the debtor from the sale of any personal
1289	1289	12 property that was exempt from judgment, attachment, or
1290	1290	13 distress for rent at the time of the sale is exempt from
1291	1291	14 attachment and garnishment to the same extent that the
1292	1292	15 property would be exempt had the same not been sold by the
1293	1293	16 debtor.
1294	1294	17 If a debtor owns property exempt under this Section and he
1295	1295	18 or she purchased that property with the intent of converting
1296	1296	19 nonexempt property into exempt property or in fraud of his or
1297	1297	20 her creditors, that property shall not be exempt from
1298	1298	21 judgment, attachment, or distress for rent. Property acquired
1299	1299	22 within 6 months of the filing of the petition for bankruptcy
1300	1300	23 shall be presumed to have been acquired in contemplation of
1301	1301	24 bankruptcy.
1302	1302	25 The personal property exemptions set forth in this Section
1303	1303	26 shall apply only to individuals and only to personal property
1304	1304
1305	1305
1306	1306
1307	1307
1308	1308
1309	1309	SB2220 - 36 - LRB103 27841 LNS 54219 b
1310	1310
1311	1311
1312	1312	SB2220- 37 -LRB103 27841 LNS 54219 b SB2220 - 37 - LRB103 27841 LNS 54219 b
1313	1313	SB2220 - 37 - LRB103 27841 LNS 54219 b
1314	1314	1 that is used for personal rather than business purposes. The
1315	1315	2 personal property exemptions set forth in this Section shall
1316	1316	3 not apply to or be allowed against any money, salary, or wages
1317	1317	4 due or to become due to the debtor that are required to be
1318	1318	5 withheld in a wage deduction proceeding under Part 8 of this
1319	1319	6 Article XII.
1320	1320	7 The Secretary of Financial and Professional Regulation is
1321	1321	8 authorized and empowered to adopt rules consistent with this
1322	1322	9 Section that define the terms used in this Section and as may
1323	1323	10 be necessary and appropriate to interpret, implement, and
1324	1324	11 enforce this Section.
1325	1325	12 (Source: P.A. 100-922, eff. 1-1-19.)
1326	1326	13 (735 ILCS 5/13-206) (from Ch. 110, par. 13-206)
1327	1327	14 Sec. 13-206. Ten year limitation. Except as provided in
1328	1328	15 Section 2-725 of the "Uniform Commercial Code", actions on
1329	1329	16 bonds, promissory notes, bills of exchange, written leases,
1330	1330	17 written contracts, or other evidences of indebtedness in
1331	1331	18 writing and actions brought under the Illinois Wage Payment
1332	1332	19 and Collection Act shall be commenced within 10 years next
1333	1333	20 after the cause of action accrued; but if any payment or new
1334	1334	21 promise to pay has been made, in writing, on any bond, note,
1335	1335	22 bill, lease, contract, or other written evidence of
1336	1336	23 indebtedness, within or after the period of 10 years, then an
1337	1337	24 action may be commenced thereon at any time within 10 years
1338	1338	25 after the time of such payment or promise to pay. For purposes
1339	1339
1340	1340
1341	1341
1342	1342
1343	1343
1344	1344	SB2220 - 37 - LRB103 27841 LNS 54219 b
1345	1345
1346	1346
1347	1347	SB2220- 38 -LRB103 27841 LNS 54219 b SB2220 - 38 - LRB103 27841 LNS 54219 b
1348	1348	SB2220 - 38 - LRB103 27841 LNS 54219 b
1349	1349	1 of this Section, with regard to promissory notes dated on or
1350	1350	2 after the effective date of this amendatory Act of 1997, a
1351	1351	3 cause of action on a promissory note payable at a definite date
1352	1352	4 accrues on the due date or date stated in the promissory note
1353	1353	5 or the date upon which the promissory note is accelerated.
1354	1354	6 With respect to a demand promissory note dated on or after the
1355	1355	7 effective date of this amendatory Act of 1997, if a demand for
1356	1356	8 payment is made to the maker of the demand promissory note, an
1357	1357	9 action to enforce the obligation of a party to pay the demand
1358	1358	10 promissory note must be commenced within 10 years after the
1359	1359	11 demand. An action to enforce a demand promissory note is
1360	1360	12 barred if neither principal nor interest on the demand
1361	1361	13 promissory note has been paid for a continuous period of 10
1362	1362	14 years and no demand for payment has been made to the maker
1363	1363	15 during that period.
1364	1364	16 Notwithstanding any other provisions of law, with respect
1365	1365	17 to any consumer debt judgment as defined in subsection (b) of
1366	1366	18 Section 2-1303, no person or entity may recover interest
1367	1367	19 accumulated on any indebtedness that the person or entity knew
1368	1368	20 or should have known the cause of action accrued, if an action
1369	1369	21 on that indebtedness is not brought within 5 years after the
1370	1370	22 cause of action accrued.
1371	1371	23 (Source: P.A. 95-209, eff. 8-16-07.)
1372	1372	24 Section 10. The Illinois Wage Assignment Act is amended by
1373	1373	25 changing Section 4 as follows:
1374	1374
1375	1375
1376	1376
1377	1377
1378	1378
1379	1379	SB2220 - 38 - LRB103 27841 LNS 54219 b
1380	1380
1381	1381
1382	1382	SB2220- 39 -LRB103 27841 LNS 54219 b SB2220 - 39 - LRB103 27841 LNS 54219 b
1383	1383	SB2220 - 39 - LRB103 27841 LNS 54219 b
1384	1384	1 (740 ILCS 170/4) (from Ch. 48, par. 39.4)
1385	1385	2 Sec. 4. The maximum wages, salary, commissions, and
1386	1386	3 bonuses that may be collected by an assignee for any work week
1387	1387	4 shall not exceed the lesser of (1) 10% 15% of such gross amount
1388	1388	5 paid for that week or (2) the amount by which disposable
1389	1389	6 earnings for a week exceed 80 45 times the Federal Minimum
1390	1390	7 Hourly Wage prescribed by Section 206(a)(1) of Title 29,
1391	1391	8 U.S.C., as amended, or the minimum hourly wage prescribed by
1392	1392	9 Section 4 of the Minimum Wage Law, whichever is greater, in
1393	1393	10 effect at the time the amounts are payable. This provision
1394	1394	11 (and no other) applies irrespective of the place where the
1395	1395	12 compensation was earned or payable and the State where the
1396	1396	13 employee resides. No amounts required by law to be withheld
1397	1397	14 may be taken from the amount collected by the creditor. The
1398	1398	15 term "disposable earnings" means that part of the earnings of
1399	1399	16 any individual remaining after the deduction from those
1400	1400	17 earnings of any amounts required by law to be withheld and any
1401	1401	18 deductions related to employment, retirement, or health,
1402	1402	19 including, but not limited to, deductions for health, vision,
1403	1403	20 and dental insurance, deductions for transportation, required
1404	1404	21 work uniforms, flexible spending account deductions,
1405	1405	22 retirement account related deductions, and health savings
1406	1406	23 account deductions. If there is more than one assignment
1407	1407	24 demand received by the employer, the assignees shall collect
1408	1408	25 in the order or priority of service of the demand upon the
1409	1409
1410	1410
1411	1411
1412	1412
1413	1413
1414	1414	SB2220 - 39 - LRB103 27841 LNS 54219 b
1415	1415
1416	1416
1417	1417	SB2220- 40 -LRB103 27841 LNS 54219 b SB2220 - 40 - LRB103 27841 LNS 54219 b
1418	1418	SB2220 - 40 - LRB103 27841 LNS 54219 b
1419	1419	1 employer, but the total of all collections shall not exceed
1420	1420	2 the amount that could have been collected if there had been one
1421	1421	3 assignment demand.
1422	1422	4 Benefits and refunds payable by pension or retirement
1423	1423	5 funds or systems, any assets of employees held by those funds
1424	1424	6 or systems, and any moneys an employee is required to
1425	1425	7 contribute to those funds or systems are exempt and are not
1426	1426	8 subject to a wage assignment under this Act.
1427	1427	9 A fee of $12 for each wage assignment shall be collected by
1428	1428	10 and paid to the employer and the amount so paid shall be
1429	1429	11 credited against the amount of the wage-earner's outstanding
1430	1430	12 debt.
1431	1431	13 (Source: P.A. 94-305, eff. 7-21-05.)
1432	1432	SB2220- 41 -LRB103 27841 LNS 54219 b 1 INDEX 2 Statutes amended in order of appearance SB2220- 41 -LRB103 27841 LNS 54219 b SB2220 - 41 - LRB103 27841 LNS 54219 b 1 INDEX 2 Statutes amended in order of appearance
1433	1433	SB2220- 41 -LRB103 27841 LNS 54219 b SB2220 - 41 - LRB103 27841 LNS 54219 b
1434	1434	SB2220 - 41 - LRB103 27841 LNS 54219 b
1435	1435	1 INDEX
1436	1436	2 Statutes amended in order of appearance
1437	1437
1438	1438
1439	1439
1440	1440
1441	1441
1442	1442	SB2220 - 40 - LRB103 27841 LNS 54219 b
1443	1443
1444	1444
1445	1445
1446	1446	SB2220- 41 -LRB103 27841 LNS 54219 b SB2220 - 41 - LRB103 27841 LNS 54219 b
1447	1447	SB2220 - 41 - LRB103 27841 LNS 54219 b
1448	1448	1 INDEX
1449	1449	2 Statutes amended in order of appearance
1450	1450
1451	1451
1452	1452
1453	1453
1454	1454
1455	1455	SB2220 - 41 - LRB103 27841 LNS 54219 b