EZRCP · Illinois · Code of Civil Procedure · 735 ILCS 5/4-227

735 ILCS 5/4-227 — Remnants

Illinois · Code of Civil Procedure

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Rule text

Any portion of the sum so paid by the sheriff to the clerk, or of a deposit remaining after such distribution as hereinabove provided, shall be denominated remnants and surplus proceeds, and where any claim or complaint is filed against the same as provided in Part 2 of Article IV of this Act, distribution shall be directed by the court after judgment upon motion and notice, as provided in Section 4-226 of this Act, and after the following order: First - All costs upon claims passing into judgment which were filed after distribution. Second - All other liens enforceable under Part 2 of Article IV of this Act against the water craft prior to distribution. Third - All claims upon mortgages of such water craft or other incumbrances by the owner, in proportion to the interest they cover and priority. Fourth - Upon petition of the creditor, all judgments against the owner, and which ought equitably to be paid out of the proceeds in preference to the owner. Fifth - The owner.

Notes

(Source: P.A. 91-357, eff. 7-29-99.)