CIV PRO-VEHICLE IMMOBILIZATION
Summary
Amends the Code of Civil Procedure. In a Section concerning supplementary proceedings, provides notice requirements in proceedings commenced by a unit of local government that may result in the immobilization of a vehicle. Provides that a unit of local government may serve a citation to discover assets by registered or certified mail, return receipt requested, to the judgment debtor's address on record with the Secretary of State, with exceptions, and that service of a citation to discover assets in this manner is effective upon mailing of the citation to discover assets. Provides that a judgment creditor which is a unit of local government may immobilize a vehicle of the judgment debtor for the purpose of facilitating enforcement of and satisfying, in whole or in part, the judgment. Provides that immobilization may not occur until the judgment debtor has had the opportunity to appear and contest the immobilization at the citation hearing, or the judgment debtor has failed to appear at the citation hearing. Provides that if a unit of local government immobilizes a vehicle, it shall affix a notice of immobilization to the vehicle at the time the restraint device is attached to the vehicle. Provides that the notice shall provide information regarding the procedure to have the device removed. Provides that the judgment debtor shall, within 24 hours of the immobilization, follow the procedures listed on the notice to pay the applicable costs. Provides that if the judgment debtor fails to respond within 24 hours of the immobilization, the unit of local government may tow and impound the vehicle. Provides that the vehicle shall be eligible for auction or public sale if, within 21 days after the vehicle is towed and impounded, the judgment debtor fails to pay all applicable costs.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2013
Committee Review
Floor Vote
Governor
Introduced Jan 10, 2013
Last action Jan 13, 2015
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
6
Key actions
0
Committee
3
Jan 13, 2015
Senate · Failed
Session Sine Die
Feb 28, 2013
Senate · Referred to committee
Re-referred to Assignments
Jan 30, 2013
Senate · Referred to committee
Assigned to Judiciary
Jan 10, 2013
Senate · Referred to committee
Referred to Assignments
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
Ira I. Silverstein
DDemocratic
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