Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/12-138) (from Ch. 110, par. 12-138) Sec. 12-138. Redemptions of parts as sold. Any person entitled to redeem may redeem the whole or any part of the premises sold, in like distinct parcels or quantities in which the same were sold. (Source: P.A. 82-280.)

(735 ILCS 5/12-139) (from Ch. 110, par. 12-139) Sec. 12-139. Redemption by joint owner. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Code, any joint owner, his or her heirs, executors, administrators or assigns, or a judgm…

(735 ILCS 5/12-140) (from Ch. 110, par. 12-140) Sec. 12-140. Redemption on claims allowed in probate. For the purpose of redemption from the sale of real estate of a deceased debtor, any person whose claim has been allowed in probate against the estate of such deceased debtor, sh…

(735 ILCS 5/12-1401) (from Ch. 110, par. 12-1401) Sec. 12-1401. Orders to Take Into Custody. In any civil case where an order issues to take any person into custody for any reason, the order shall contain, if known, the name, date of birth, sex, physical description, and last kno…

(735 ILCS 5/12-141) (from Ch. 110, par. 12-141) Sec. 12-141. Taxes and assessments during period of redemption. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Act, whenever any real estate is sold under any judgment of any c…

(735 ILCS 5/12-142) (from Ch. 110, par. 12-142) Sec. 12-142. Realty sold to satisfy junior lien. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Act, whenever any real estate has been or is sold at judicial or judgment sale t…

(735 ILCS 5/12-143) (from Ch. 110, par. 12-143) Sec. 12-143. Commissions. No commission upon the amount of the redemption money paid in any case shall be allowed to the officer receiving the same, but the usual commission shall be allowed to the officer selling the premises, on t…

(735 ILCS 5/12-144) (from Ch. 110, par. 12-144) Sec. 12-144. Certificate assignable. Every certificate which is given by any officer to any purchaser, under the provisions of Part 1 of Article XII of this Act is assignable by endorsement thereon, under the signature of such purch…

(735 ILCS 5/12-144.5) Sec. 12-144.5. Report of sale and confirmation of sale. (a) When the premises mentioned in the certificate are not redeemed in pursuance of law, the legal holder of the certificate shall promptly make a report to the court that issued the underlying judgment…

(735 ILCS 5/12-145) (from Ch. 110, par. 12-145) Sec. 12-145. Time of execution of deed. When the premises mentioned in such certificate are not redeemed in pursuance of law, and the court issuing the underlying judgment has entered an order confirming the sale in accordance with …

(735 ILCS 5/12-146) (from Ch. 110, par. 12-146) Sec. 12-146. Foreclosures subject to prior law. Any sales of real estate made pursuant to a judgment foreclosing a mortgage or trust deed executed on or after July 1, 1917 and before July 1, 1921 shall be governed by the law in effe…

(735 ILCS 5/12-147) (from Ch. 110, par. 12-147) Sec. 12-147. Form of deed. The deed may be substantially, in the following form: Whereas, A.B. .... in the .... court of .... county recovered a judgment against C.D. for the sum of .... and costs on (insert date) and a certified co…

(735 ILCS 5/12-148) (from Ch. 110, par. 12-148) Sec. 12-148. Effect of deed. Such deed shall convey to the grantee therein named all the title, estate and interest of the judgment debtor, of every nature and kind, in and to the premises thereby conveyed, but such deed shall not b…

(735 ILCS 5/12-149) (from Ch. 110, par. 12-149) Sec. 12-149. Title acquired at sale. The right, title and interest of any purchaser acquired at a sale made under or pursuant to any judgment in a proceeding in which the court had jurisdiction of the subject matter and of the parti…

(735 ILCS 5/12-150) (from Ch. 110, par. 12-150) Sec. 12-150. Deed as evidence. Any deed which has been heretofore, or which may hereafter be so executed, or which has been executed pursuant to Article XV of this Act, or a certified copy of the record thereof, shall be prima facie…

(735 ILCS 5/12-152) (from Ch. 110, par. 12-152) Sec. 12-152. Certificate of levy. When a certified copy of a judgment is issued from a circuit court of any county in this State, and levied upon any real estate, the officer making such levy shall execute a certificate thereof and …

(735 ILCS 5/12-153) (from Ch. 110, par. 12-153) Sec. 12-153. Form of certificate. The certificate may be substantially in the following form: STATE OF ILLINOIS,) ) ss. ..... County. ) I (here state the name of the officer and the title of his or her office) do hereby certify that…

(735 ILCS 5/12-154) (from Ch. 110, par. 12-154) Sec. 12-154. Recordation of certificate. Such certificate shall be recorded by the recorder, in a book to be kept for that purpose. The fee for recording such certificate shall be collected as other costs. (Source: P.A. 82-280.)

(735 ILCS 5/12-155) (from Ch. 110, par. 12-155) Sec. 12-155. Death of judgment creditor. The collection of a judgment shall not be delayed or hindered, or the lien created by law abate, by reason of the death of any person in whose favor such judgment stands; but the executor or …

(735 ILCS 5/12-156) (from Ch. 110, par. 12-156) Sec. 12-156. Representative may purchase realty. When it is necessary in order to secure the collection of a judgment belonging to any estate the executor or administrator shall bid for and become the purchaser of real estate at the…

(735 ILCS 5/12-157) (from Ch. 110, par. 12-157) Sec. 12-157. Death of judgment debtor. If a person dies, after a court enters on judgment for the payment of money against him or her, the judgment may be enforced against the real estate of such deceased person, or a sale may be ma…

(735 ILCS 5/12-158) (from Ch. 110, par. 12-158) Sec. 12-158. Goods and chattels. All goods and chattels, real and personal, may be taken and sold to satisfy a judgment, except as otherwise provided by law. When any officer levies a judgment on livestock, or other personal propert…

(735 ILCS 5/12-159) (from Ch. 110, par. 12-159) Sec. 12-159. Gold and silver. Current gold or silver coin, or other legal tender, may be levied upon for the enforcement of a judgment and may be paid over to the creditor as money collected. (Source: P.A. 82-280.)

(735 ILCS 5/12-160) (from Ch. 110, par. 12-160) Sec. 12-160. Bills. Bank bills, and all other bills or evidence of debt, issued by a moneyed corporation and circulated as money, may be levied upon for the enforcement of a judgment and paid to the creditor, at their par value, as …

(735 ILCS 5/12-161) (from Ch. 110, par. 12-161) Sec. 12-161. Security. If there is reasonable doubt as to the ownership of the goods, or as to their liability to be levied upon to satisfy the judgment, the officer may require sufficient security to indemnify him or her for levyin…

(735 ILCS 5/12-162) (from Ch. 110, par. 12-162) Sec. 12-162. Delivery bond. When personal property is levied upon, or about to be levied upon, if the judgment debtor gives bond with sufficient security, to be approved by the officer, payable to the creditor, in double the amount …

(735 ILCS 5/12-163) (from Ch. 110, par. 12-163) Sec. 12-163. When property not delivered. If the property is not delivered according to the condition of the bond, the officer having the certified copy of the judgment may proceed to enforce the same in the same manner as if no lev…

(735 ILCS 5/12-164) (from Ch. 110, par. 12-164) Sec. 12-164. Proceedings on delivery bond. If the officer does not obtain satisfaction of the judgment, he or she shall return the bond with the certified copy of the judgment, and the creditor shall be allowed to recover thereon th…

(735 ILCS 5/12-165) (from Ch. 110, par. 12-165) Sec. 12-165. Second delivery bond. No second delivery bond shall be taken in behalf of a judgment debtor so failing to comply with the first, nor shall a delivery bond be taken of his or her surety without the consent of the judgmen…

(735 ILCS 5/12-166) (from Ch. 110, par. 12-166) Sec. 12-166. Notice of sale of personalty. Before any goods or chattels are sold to satisfy a judgment, at least 10 days' previous notice of such sale shall be given by posting notices thereof in 3 of the most public places in the c…

(735 ILCS 5/12-167) (from Ch. 110, par. 12-167) Sec. 12-167. Postponing sale. The officer may postpone such sale from time to time, not exceeding 10 days at one time, whenever, for want of bidders or other good cause, he or she deems it for the interest of the parties concerned. …

(735 ILCS 5/12-168) (from Ch. 110, par. 12-168) Sec. 12-168. Return - Liability. The officer making such sale shall, in his or her return of the certified copy of the judgment particularly describe the goods sold, and the sum for which each article was sold; and if he or she is g…

(735 ILCS 5/12-169) (from Ch. 110, par. 12-169) Sec. 12-169. Marshalling proceeds. If the goods or chattels sold to satisfy the judgment have been attached by another creditor or seized on another judgment either by the same or any other officer, or if before the payment of the r…

(735 ILCS 5/12-170) Sec. 12-170. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-171) Sec. 12-171. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-172) Sec. 12-172. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-173) Sec. 12-173. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-174) Sec. 12-174. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-175) Sec. 12-175. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)

(735 ILCS 5/12-176) (from Ch. 110, par. 12-176) Sec. 12-176. Judgments between parties. Judgments between the same parties may be set off, one against another, if required by either party, as prescribed in the following Section. (Source: P.A. 82-280.)

(735 ILCS 5/12-177) (from Ch. 110, par. 12-177) Sec. 12-177. Multiple judgments. When one of the judgments is delivered to an officer to be enforced, the debtor therein may deliver his or her judgment to the same officer, and the officer shall apply it, as far as it will extend, …

(735 ILCS 5/12-178) (from Ch. 110, par. 12-178) Sec. 12-178. Cases excepted. Such set-off shall not be allowed in the following cases: 1. When the creditor in one of the judgments is not in the same capacity and trust as the debtor in the other. 2. When the sum due on the first j…

(735 ILCS 5/12-183) (from Ch. 110, par. 12-183) Sec. 12-183. Release of judgment. (a) Every judgment creditor, his or her assignee of record or other legal representative having received full satisfaction or payment of all such sums of money as are really due to him or her from t…

(735 ILCS 5/12-201) (from Ch. 110, par. 12-201) Sec. 12-201. Procedure. (a) Whenever a judgment or order of attachment, entered by any court, shall be levied by any sheriff or coroner upon any personal property, and such property is claimed by any person other than the judgment d…

(735 ILCS 5/12-202) (from Ch. 110, par. 12-202) Sec. 12-202. Trial. The trial shall proceed without written pleadings in the same manner as in other civil cases, and may be by a jury if either party demands one. (Source: P.A. 83-707.)

(735 ILCS 5/12-203) (from Ch. 110, par. 12-203) Sec. 12-203. Subpoenas. The clerk of the court shall issue subpoenas for witnesses at the request of any party or the party's attorney. (Source: P.A. 82-280.)

(735 ILCS 5/12-204) (from Ch. 110, par. 12-204) Sec. 12-204. Trial and judgment. The court or the jury shall determine the rights of the parties and the court shall enter judgment accordingly, and the court shall direct the sheriff or coroner as to the disposition of the property…

(735 ILCS 5/12-205) (from Ch. 110, par. 12-205) Sec. 12-205. Costs. If the judgment is entered in favor of the claimant as to part of the property, and in favor of another party as to part, then the court shall in its discretion apportion the costs; and the sheriff, coroner and c…

(735 ILCS 5/12-301) (from Ch. 110, par. 12-301) Sec. 12-301. Contempt for concealing property. Any person who hides or conceals any property so that it cannot be taken by virtue of an order or judgment or, on the officer's request therefor, refuses to deliver property to the offi…

(735 ILCS 5/12-401) (from Ch. 110, par. 12-401) Sec. 12-401. Right of State as judgment creditor. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this Act, whenever any real estate has been or is sold at a judicial or judgment sal…