Tuesday, November 20, 2012

Writs of Attachment (Body Writs)

Illinois enacted a new body attachment statute last summer. Until then, it was my understanding that a rule to show cause had to be personally served upon the defendant before a body writ would issue.

This new statute, which I have copied and pasted below, seems to say that rules to show cause can now be served by personal or abode service.  Has anyone entered a body writ following abode service of a rule?  If so, in which county??

 (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 opportunity, after personal service or abode service of notice as provided in Supreme Court Rule 105, to appear in court to show cause why the respondent should not be held in contempt.
    (b) The notice shall be an order to show cause.
    (c) Any order issued pursuant to subsection (a) shall expire one year after the date of issue.
    (d) The first order issued pursuant to subsection (a) and directed to a respondent may be in the nature of a recognizance bond in the sum of no more than $1,000. 
    (e) Upon discharge of any bond secured by the posting of funds, the funds shall be returned to the respondent or other party posting the bond, less applicable fees, unless the court after inquiry determines that: (1) the judgment debtor willfully has refused to comply with a payment order entered in accordance with Section 2-1402 or an otherwise validly entered order; (2) the bond money belongs to the debtor as opposed to a third party; and (3) that any part of the funds constitute non-exempt funds of the judgment debtor, in which case the court may cause the non-exempt portion of the funds to be paid over to the judgment creditor. 
    (f) The requirements or limitations of this Section do not apply to the enforcement of any order or judgment resulting from an adjudication of a municipal ordinance violation that is subject to Supreme Court Rules 570 through 579, or from an administrative adjudication of such an ordinance violation. 
(Source: P.A. 97-848, eff. 7-25-12.)

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