§ 5/12-112 What liable to enforcement

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article XII > Part 1 : 5/12-112 What

§ 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 any court, for any debt, damages, costs, or other sum of money, shall be liable to be sold upon such judgment. Any real property, any beneficial interest in a  land trust, or any interest in real property held in a revocable inter vivos trust or revocable inter vivos trusts created for estate planning purposes, held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against  only one of the tenants, except if the property was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor's ability to pay those debts as they become due. However, any income from such property shall be subject to garnishment as provided in Part 7 of this Article XII, [FN1] whether judgment has  been entered against one or both of the tenants.

    If the court authorizes the piercing of the ownership veil pursuant to Section 505 of the Illinois Marriage and  Dissolution of Marriage Act [FN2] or Section 15 of the Illinois Parentage Act of 1984, [FN3] any assets determined to be those of the non-custodial parent, although not held in name of the non-custodial parent, shall be subject to attachment or other provisional remedy in accordance with the procedure prescribed by this Code. The court may not authorize attachment of property or any other provisional remedy under this paragraph unless it has obtained jurisdiction over the entity holding title to the property by proper service on that entity. With respect to assets which are real property, no order entered as described in this paragraph shall affect the rights of bona fide purchasers, mortgagees, judgment creditors, or other lien holders who acquire their interests in the property prior to the time a notice of lis pendens pursuant to this Code or a copy of the order is placed of record in the office of the recorder of deeds for the county in which the real property is located.

    This amendatory Act of 1995 (P.A. 89-438) is declarative of existing law.

    This amendatory Act of 1997 (P.A. 90-514) is intended as a clarification of existing law and not as a new enactment.

    [FN1] 735 ILCS 5/12-701 et seq.

    [FN2] 750 ILCS 5/505.

    [FN3] 750 ILCS 45/15.