Chapter 735 — CIVIL PROCEDURE

(735 ILCS 5/11-105) (from Ch. 110, par. 11-105) Sec. 11-105. Filing of bond. All bonds required by Article XI of this Act shall be filed with the clerk of the court who is to certify the injunctive order or judgment. (Source: P.A. 83-707.)

(735 ILCS 5/11-106) (from Ch. 110, par. 11-106) Sec. 11-106. Injunctive relief on Saturday, Sunday or legal holiday. When an application is made on a Saturday, Sunday, legal holiday or on a day when courts are not in session for injunctive relief and there is filed with the compl…

(735 ILCS 5/11-107) (from Ch. 110, par. 11-107) Sec. 11-107. Seeking wrong remedy not fatal. Where relief is sought under Article XI of this Act and the court determines, on motion directed to the pleadings, or on motion for summary judgment or upon trial, that the plaintiff has …

(735 ILCS 5/11-107.1) Sec. 11-107.1. (Repealed). (Source: P.A. 84-1000. Repealed by P.A. 101-13, eff. 6-12-19.)

(735 ILCS 5/11-108) (from Ch. 110, par. 11-108) Sec. 11-108. Motion to dissolve. A motion to dissolve an injunction may be made at any time before or after answer is filed. Upon a motion to dissolve an injunction after answer is filed the court shall decide the motion upon the we…

(735 ILCS 5/11-109) (from Ch. 110, par. 11-109) Sec. 11-109. Affidavits in support of motion to dissolve. The plaintiff may support the complaint and the defendant may support the answer by affidavits filed with the same, which may be read in evidence on the hearing of the motion…

(735 ILCS 5/11-110) (from Ch. 110, par. 11-110) Sec. 11-110. Assessing damages. In all cases where a temporary restraining order or a preliminary injunction is dissolved by the circuit court or by the reviewing court, the circuit court, after the dissolution of the temporary rest…

(735 ILCS 5/11-301) (from Ch. 110, par. 11-301) Sec. 11-301. Who may file action. An action to restrain and enjoin the disbursement of public funds by any officer or officers of the State government may be maintained either by the Attorney General or by any citizen and taxpayer o…

(735 ILCS 5/11-302) (from Ch. 110, par. 11-302) Sec. 11-302. Action by Attorney General. Such action may be maintained by the Attorney General, by filing in the office of the clerk of the circuit court of the proper county a complaint in the name of the People of the State of Ill…

(735 ILCS 5/11-303) (from Ch. 110, par. 11-303) Sec. 11-303. Action by private citizen. Such action, when prosecuted by a citizen and taxpayer of the State, shall be commenced by petition for leave to file an action to restrain and enjoin the defendant or defendants from disbursi…

(735 ILCS 5/11-304) (from Ch. 110, par. 11-304) Sec. 11-304. Summons - Pleadings. Upon the filing of the complaint, summons shall be issued commanding the defendant or defendants to appear on the day named therein, which shall not be less than 5 days nor more than 10 days thereaf…

(735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001) Sec. 12-1001. Personal property exempt. The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent: (a) All household goods, including but not limited to, the debtor's and the d…

(735 ILCS 5/12-1001.1) Sec. 12-1001.1. Automatic exemption. (a) "Automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment as defined in paragraph (1) of subsection (b) of Section 2-1303 has been entered on or after January 1, 2020, to recei…

(735 ILCS 5/12-1002) (from Ch. 110, par. 12-1002) Sec. 12-1002. Schedule of property. It shall not be necessary for the debtor against whom a judgment or attachment was entered or distress warrant was issued to make a schedule of his or her personal property to enable him or her …

(735 ILCS 5/12-1003) (from Ch. 110, par. 12-1003) Sec. 12-1003. When family entitled to exemptions. When the head of a family dies, deserts or does not reside with the same, the family shall be entitled to and receive all the benefit and privileges which are by Part 10 of Article…

(735 ILCS 5/12-1004) (from Ch. 110, par. 12-1004) Sec. 12-1004. Judgment for wages. No personal property shall be exempt from levy of attachment or judgment if the debt or judgment is for the wages of any laborer or employee, providing the court entering judgment finds that the c…

(735 ILCS 5/12-1005) (from Ch. 110, par. 12-1005) Sec. 12-1005. Liability for seizing exempt property. If any officer by virtue of any judgment or process, or any other person by any right of distress takes or seizes any of the articles of property exempted from levy and sale, as…

(735 ILCS 5/12-1006) (from Ch. 110, par. 12-1006) Sec. 12-1006. Exemption for retirement plans. (a) A debtor's interest in or right, whether vested or not, to the assets held in or to receive pensions, annuities, benefits, distributions, refunds of contributions, or other payment…

(735 ILCS 5/12-101) (from Ch. 110, par. 12-101) Sec. 12-101. Lien of judgment. With respect to the creation of liens on real estate by judgments, all real estate in the State of Illinois is divided into 2 classes. The first class consists of all real property, the title to which …

(735 ILCS 5/12-102) (from Ch. 110, par. 12-102) Sec. 12-102. Judgment against partnership. A judgment entered against a partnership in its firm name is enforceable only against property of the partnership and does not constitute a lien upon real estate other than that held in the…

(735 ILCS 5/12-103) (from Ch. 110, par. 12-103) Sec. 12-103. Representative capacity. A judgment entered against a person not as a result of a contract made by him or her or a tort committed by him or her but solely because he or she is the holder of title to property as receiver…

(735 ILCS 5/12-104) (from Ch. 110, par. 12-104) Sec. 12-104. Time of restraint deducted. When the party in whose favor a judgment is entered is restrained, by injunction, or by stay on appeal, or by the order of a court, or is delayed, on account of the death of the defendant fro…

(735 ILCS 5/12-105) (from Ch. 110, par. 12-105) Sec. 12-105. Definition of "real estate". The term "real estate," when used in Part 1 of Article XII of this Act includes lands, tenements, hereditaments, and all legal and equitable rights and interests therein and thereto, includi…

(735 ILCS 5/12-106) (from Ch. 110, par. 12-106) Sec. 12-106. Enforcement in other counties. The person in whose favor any judgment is entered, may have the judgment enforced by the proper officer of any county, in this State, against the lands and tenements, goods and chattels of…

(735 ILCS 5/12-107) (from Ch. 110, par. 12-107) Sec. 12-107. Incarceration of judgment debtor. No order shall be entered for the incarceration of a judgment debtor as a means of satisfying a money judgment except when the judgment is entered for a tort committed by such judgment …

(735 ILCS 5/12-107.5) Sec. 12-107.5. Body attachment order. (a) No order of body attachment or other civil order for the incarceration or detention of a natural person respondent to answer for a charge of indirect civil contempt shall issue unless the respondent has first had an …

(735 ILCS 5/12-108) (from Ch. 110, par. 12-108) Sec. 12-108. Limitation on enforcement. (a) Except as herein provided, no judgment shall be enforced after the expiration of 7 years from the time the same is rendered, except upon the revival of the same by a proceeding provided by…

(735 ILCS 5/12-109) (from Ch. 110, par. 12-109) Sec. 12-109. Interest on judgments. (a) Every judgment except those arising by operation of law from child support orders shall bear interest thereon as provided in Section 2-1303. (b) Every judgment arising by operation of law from…

(735 ILCS 5/12-110) (from Ch. 110, par. 12-110) Sec. 12-110. Certified copy returnable. Certified copies of judgments which are delivered to an appropriate officer for enforcement shall be returnable within 90 days after the issuance of the certified copy by the clerk of court. (…

(735 ILCS 5/12-1101) (from Ch. 110, par. 12-1101) Sec. 12-1101. Sending claim out of State. Whoever, whether principal, agent or attorney, with intent thereby to deprive any bona fide resident of the State of Illinois of his or her rights, under the statutes of Illinois on the su…

(735 ILCS 5/12-1102) (from Ch. 110, par. 12-1102) Sec. 12-1102. Assignment or transfer of claim. Whoever, either directly or indirectly, assigns or transfers any claim for a debt against a citizen of Illinois, for the purpose of having the same collected by proceedings in attachm…

(735 ILCS 5/12-111) (from Ch. 110, par. 12-111) Sec. 12-111. When binding on personalty. No judgment shall bind the goods and chattels of the person against whom it is entered, until a certified copy thereof is delivered to the sheriff or other proper officer to be served; and fo…

(735 ILCS 5/12-112) (from Ch. 110, par. 12-112) Sec. 12-112. What liable to enforcement. All the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every person against whom any judgment has been or shall be hereafter entered in …

(735 ILCS 5/12-112.5) Sec. 12-112.5. Charging orders. If a statute or case requires or permits a judgment creditor to use the remedy of a charging order, said remedy may be brought and obtained by serving any of the various enforcement procedures set forth within this Article XII…

(735 ILCS 5/12-113) (from Ch. 110, par. 12-113) Sec. 12-113. Election of property. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, the judgment creditor may elect on what property not exempt from enforcement of a judgment he…

(735 ILCS 5/12-114) (from Ch. 110, par. 12-114) Sec. 12-114. Sale in separate items. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, when real or personal property is taken in the enforcement of a judgment, if the property i…

(735 ILCS 5/12-115) (from Ch. 110, par. 12-115) Sec. 12-115. Notice of sale of real estate. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, no real estate shall be sold by virtue of any judgment, except at public sale, betwe…

(735 ILCS 5/12-116) (from Ch. 110, par. 12-116) Sec. 12-116. Penalty for neglect of officer. If any sheriff or other officer sells any real estate by virtue of any judgment, otherwise than in the manner provided by law, or without such previous notice, the officer so offending sh…

(735 ILCS 5/12-119) (from Ch. 110, par. 12-119) Sec. 12-119. Certificate. When any real estate is sold by virtue of a judgment, or enforcement of mechanic's lien, or vendor's lien, or for the payment of money, the sheriff or other officer, except as otherwise provided in Part 1 o…

(735 ILCS 5/12-120) (from Ch. 110, par. 12-120) Sec. 12-120. Deposit of money - Receipt of other document. With respect to any sale made in open court, wherever provisions are made in Part 1 of Article XII of this Act for any payment of money to or deposit of any receipt or other…

(735 ILCS 5/12-1201) (from Ch. 110, par. 12-1201) Sec. 12-1201. Bankruptcy exemption. In accordance with the provision of Section 522(b) of the Bankruptcy Code of 1978, (11 U.S.C. 522(b)), residents of this State shall be prohibited from using the federal exemptions provided in S…

(735 ILCS 5/12-121) (from Ch. 110, par. 12-121) Sec. 12-121. Certificate recorded. The purchaser shall, within 10 days from such sale, file in the office of the recorder of the county in which the property is situated, such certificate, which shall be recorded by such recorder; a…

(735 ILCS 5/12-122) (from Ch. 110, par. 12-122) Sec. 12-122. Redemption. Any defendant, his or her heirs, executors, administrators, assigns, or any person interested in the premises, through or under the defendant, may, except as to any sale had by virtue of a judgment of forecl…

(735 ILCS 5/12-131) (from Ch. 110, par. 12-131) Sec. 12-131. Certificate of redemption. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, in all cases of redemption of land from sale had under any judgment or order, it shall b…

(735 ILCS 5/12-132) (from Ch. 110, par. 12-132) Sec. 12-132. Redemption by creditors. If a redemption is not made, pursuant to Section 12-122 of this Act where applicable, prior to the making of redemption under this Section, any judgment creditor, his or her heirs, executors, ad…

(735 ILCS 5/12-133) (from Ch. 110, par. 12-133) Sec. 12-133. Redemption money bid. The creditor, his or her heirs, executors, administrators or assigns, having so redeemed, shall be considered as having bid at such sale the amount of the redemption money so paid by him or her, wi…

(735 ILCS 5/12-134) (from Ch. 110, par. 12-134) Sec. 12-134. Bid at more than redemption money. If at any sale held pursuant to Section 12-132 of this Act, a greater amount is bid and the premises sold for more than the amount of such redemption money, interest and costs, the exc…

(735 ILCS 5/12-135) (from Ch. 110, par. 12-135) Sec. 12-135. Further redemptions. Successive redemptions may be made of the premises at any time within 60 days of the last sale at which they were sold for more than the amount of the redemption money, interest and costs, and the p…

(735 ILCS 5/12-136) (from Ch. 110, par. 12-136) Sec. 12-136. Preference in redemptions. When there are several judgment creditors, the creditor having the senior judgment shall have the preference to redeem during the first 2 days after the commencement of the period in which jud…

(735 ILCS 5/12-137) (from Ch. 110, par. 12-137) Sec. 12-137. Subsequent redemptions. Any redemption made under Sections 12-132 through 12-136 of this Act, by any judgment creditor, his or her heirs, executors, administrators or assigns after the expiration of 3 months and within …