735 ILCS 5/12-1002
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XII - Judgments - Enforcement

 (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  to secure the  exemption and to retain the property enumerated in paragraph (b) of  Section 12-1001 of this Act, but whenever any debtor against whom a judgment  or attachment was entered or distress warrant was issued,  desires to avail himself or herself of the benefit of this Act to make a  selection  of certain household furniture (in case such property is worth more than  the amount he or she is entitled to retain) or to select other personal  property instead of household furniture or to select part household  furniture and part other personal property he or she shall, within 10 days  after a copy of the judgment, attachment or distress warrant is served upon  him or her in the same manner as summonses are served in other civil cases,  such copies of the judgment,  attachment or distress warrant to  have endorsed thereon a notice signed by the officer having such document,  notifying the debtor that he or she must file a schedule of his or her property within  10 days from the service thereof in order to claim his or her exemption under  Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule  of all his or her personal  property of every kind and character, including money on hand and debts  due and owing to the debtor and shall deliver the same to the officer  having the certified copy of the judgment, attachment or distress warrant, or file  the same in the court which entered the document, which schedule shall be  subscribed and sworn to by the debtor, and any property owned by the  debtor, and not included in such schedule shall not be exempt, and thereupon  the court which entered  the judgment or attachment or issued the distress warrant shall summon 3  householders,  who, after being duly sworn to fairly and impartially appraise the  property of the debtor, shall fix a fair valuation upon each article  contained in such schedule, and the debtor shall then select from such  schedule the articles he or she may desire to retain, the aggregate  value of which shall not exceed the amount exempted, to which he or she  may be entitled, and deliver the remainder to the officer having the document;  and the officer having such document is authorized to  administer the oaths required herein of the debtor and appraisers. In  case no schedule is filed, it shall be the duty of the officer  to exempt and disregard the articles enumerated in paragraphs (a), (e),  (f), (g) and (h) of  Section 12-1001 of this Act and the personal property  if it is worth not more than the  amount the debtor is entitled to have exempted under paragraphs (b), (c)  and (d) of  Section 12-1001 of this Act and if the personal property is worth more  than the amount  of the exemption to which the debtor is entitled, the court  which entered the judgment or the attachment order or the distress warrant issued  shall secure a fair and impartial appraisal of the personal property  in the same manner as all the personal property is appraised when a  schedule is filed, and after such valuation, such officer shall  select and exempt personal property to the amount  to which the debtor  is entitled to retain. When the judgment debtor has presented a sufficient  schedule of all his or her personal estate, the return of such judgment  unsatisfied, shall  not render it necessary for such judgment debtor, for the purpose of  availing himself or herself of the benefits of the exemption laws of this state, to  present an additional schedule unless additional property has been  acquired, before 90 days from the date of the issuance of the certified  copy of the judgment.    (Source: P.A. 83-968.)