Illinois state bill, HB 5434, is currently under discussion in the Illinois Senate’s Judiciary Committee, having previously been unanimously passed in the state’s House of Representatives. The bill, which addresses the practice of “body attachment” for debt-related judgments, would necessitate that subpoenas be served directly to the debtor or his home, as opposed to being mailed. A writ of body attachment is a process issued by the court directing the authorities to bring a person who has been found in civil contempt before the court. In an article by Patrick Lunsford for www.insidearm.com, the bill “would also require that any arrest warrants issued for failing to appear to expire after a year and it would return most bond money to the debtor, rather than allow it to be used to pay off the debt. Bonds would also be restricted to no more than $1,000.”

Probably surprising to readers of the Jacoby Meyers Bankruptcy Law blogs, most Illinois jurisdictions allow law enforcement officials to take into custody defendants in lawsuits if they do not appear in court when directly ordered to do so. “Many consumer advocates argue that debt collection law practices do not go far enough in serving notice to debtor defendants, leading to default judgments and body attachment orders to bring in the defendants,” the article continues.

Illinois Attorney General Lisa Madigan, a very vocal proponent of this bill, which would amend the Code for Civil Procedure, has caused quite a commotion in the ARM industry.
Please read Part II of this article for more information.

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