HB 3478

Abstract

Amends the Code of Civil Procedure. Provides that if a creditor discovers personal property of the judgment debtor that is subject to the lien of a citation to discover assets, the creditor may have the court impress a lien against a specific item of personal property, including a land trust. Provides that this type of lien survives the termination of the citation proceedings and remains as a lien against the personal property. Provides that if the judgment is revived before dormancy, the lien shall remain. Provides that a lien against personal property may be recorded in the recorder's office or filed pursuant to the Uniform Commercial Code. Provides that if a statute or case requires or permits a judgment creditor to use the remedy of a charging order, this remedy may be obtained by using an enforcement procedure under the Act and provides that if the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens. Amends the Probate Act of 1975. Modifies provision that states that all claims against an estate are barred 2 years after decedent's death, by adding an exception that states: if the estate is opened 21 months after the date of death or later, a claim must be filed not less than 6 months after the first notice is published or 3 months from the date of mailing or delivery of the required notice, whichever is later.