(770 ILCS 45/0.01) (from Ch. 82, par. 39.9)
Sec. 0.01.
Short title.
This Act may be cited as the
Labor and Storage Lien Act.
(Source: P.A. 86-1324.)
(770 ILCS 45/1) (from Ch. 82, par. 40)
Sec. 1.
Every person, firm or corporation who has
expended labor, skill or materials upon any chattel, or has furnished
storage for said chattel, at the request of its owner, reputed owner, or
authorized agent of the owner, or lawful possessor thereof, shall have a
lien upon such chattel beginning on the date of the commencement of such
expenditure of labor, skill and materials or of such storage for the
contract price for all such expenditure of labor, skill or materials, or
for all such storage, or in the absence of such contract price, for the
reasonable worth of such expenditure of labor, skill and materials, or of
such storage, for a period of one year from and after the completion of
such expenditure of labor, skill or materials, or of such storage,
notwithstanding the fact that the possession of such chattel has been
surrendered to the owner, or lawful possessor thereof.
(Source: Laws 1921, p. 508.)
(770 ILCS 45/1.5)
Sec. 1.5. Storage fees; notice to lienholder of record.
(a) Any person, firm, or private corporation seeking to impose fees in connection with the furnishing of storage for a vehicle in the person’s, firm’s, or corporation’s possession must provide written notice, by certified mail, return receipt requested, to the lienholder of record prior to the assessment and accrual of such fees, regardless of whether it enforces a lien under this Act. The notice shall be effective upon mailing and include the rate at which fees will be incurred, and shall provide the lienholder with an opportunity to inspect the vehicle on the premises where the vehicle is stored within 2 business days of the lienholder’s request. For impounded vehicles, the date on which the assessment and accrual of storage fees may commence is the date of the impoundment of the vehicle, subject to any applicable limitations set forth by a municipality authorizing the vehicle removal, if the notification required under this Section is sent to the lienholder of record within 2 business days. Payment of the storage fees by the lienholder may be made in cash or by cashier’s check, certified check, debit card, credit card, or wire transfer, at the option of the lienholder taking possession of the vehicle. The person, firm, or private corporation seeking to impose storage fees shall furnish a copy of the certified mail receipt to the lienholder upon request.
(b) The notification requirements in subsection (a) of this Section apply in addition to any lienholder notice requirements under the Illinois Vehicle Code relating to the removal or towing of an abandoned, lost, stolen, or unclaimed vehicle. If a person, firm, or private corporation fails to comply with the notification requirements set forth in subsection (a) of this Section, storage fees shall not be assessed and collected and the lienholder shall be entitled to injunctive relief for possession of the vehicle without the payment of any storage fees.
(c) If the notification required under subsection (a) was not sent and a lienholder discovers its collateral is in the possession of a person, firm, or private corporation by means other than the notification required in subsection (a) of this Section, the lienholder is entitled to recover any storage fees paid to the person, firm, or private corporation to reclaim possession of its collateral.
(d) An action under this Section may be brought by the lienholder against the person, firm, or private corporation in the circuit court.
(e) Notwithstanding any provision to the contrary in this Act or the Illinois Vehicle Code, a person, firm, or private corporation seeking to impose storage fees for a vehicle in its possession may not foreclose or otherwise enforce its lien under this Act unless it first complies with the lienholder notification requirements set forth in subsection (a) of this Section.
(f) If the vehicle that is incurring storage fees is registered in a state other than Illinois, the assessment and accrual of storage fees may commence on the date that the request for lienholder information is filed with the applicable administrative agency or office in that state by the person, firm, or private corporation seeking to impose fees, if the following conditions are met: (i) the person, firm, or private corporation furnishes the lienholder with a copy or proof of filing of the request for lienholder information; (ii) the person, firm, or private corporation provides to the lienholder of record the notification required by this Section within one business day after receiving the requested lienholder information; and (iii) the assessment of storage fees complies with any applicable limitations set forth by a municipality authorizing the vehicle removal.
(g) This Section does not apply to a municipality with 1,000,000 or more inhabitants that is seeking to impose storage fees for a vehicle in its possession.
(Source: P.A. 99-759, eff. 8-12-16; 100-311, eff. 11-23-17.)
(770 ILCS 45/2) (from Ch. 82, par. 41)
Sec. 2.
Such lien shall cease at the expiration of 60 days from the
date of the delivery of such chattel to the owner thereof, or his duly
authorized agent, unless the lien claimant shall within 60
days, file in the office of the recorder of the county in which
the labor, skill and materials were expended on such chattel, or storage
furnished for such chattel, a lien notice, which notice shall state the
name of the claimant, the name of the owner or reputed owner, a description
of the chattel, sufficient for identification, upon which the claimant has
expended labor, skill and material, or has furnished storage, the amount
for which the lien is claimed, and the date upon which such expenditure or
storage was completed, which notice shall be verified by the oath of the
claimant, or by some one in his behalf, having personal knowledge of the
facts, and may be in substantially the following form:
…. Claimant, v. …. Defendant.
Notice is hereby given that …. claims a lien upon ….(describe the
property) for, and on account of labor, skill, and materials expended upon,
and storage furnished for the ….(property); that the name of the owner or
reputed owner, is …. that the said labor, skill and materials were
expended, or storage furnished upon the said property between the …. day
of …., and the …. day of …., and the rendition of the labor, skill
and materials so expended, or storage furnished by the claimant above named
was completed on the …. day of ….; that 60 days have not elapsed
since that time; that the amount claimant demands for said labor, skill and
materials so expended, or storage furnished, is $….; that no part thereof
has been paid except $….; and that there is now due and remaining unpaid
thereon, after deducting all just credits and offsets, the sum of $…., in
which amount he claims a lien upon said property.
I,…., being first duly sworn, on oath say that I am …. named in the
foregoing claim; that I have heard the same read, and know the contents
thereof, and believe the same to be true.
Subscribed and sworn to before me this …. day of …..
(Source: P.A. 83-358.)
(770 ILCS 45/3) (from Ch. 82, par. 42)
Sec. 3.
Upon presentation of such notice to the recorder of any
county, it shall be the duty of the recorder to file the same
in his office and to index the same in a book to be kept by him for that
purpose and called “index of liens upon chattels”. The recorder shall be
entitled to charge and receive from the person filing such a notice of
lien a fee of $12 for the first 4 pages thereof, plus $1 for each additional
page thereof, plus $1 for each additional document number therein noted.
(Source: P.A. 86-1353.)
(770 ILCS 45/4) (from Ch. 82, par. 43)
Sec. 4.
The lien created by this Act shall be subject to the lien of any
bona fide security interest as defined in the Uniform Commercial Code
upon the same chattel recorded prior to the commencement of any lien herein
created, but the lien herein created shall be in addition to, and shall not
exclude, any lien now existing at common law, and any lien existing by
virtue of “An Act concerning liens for labor, services, skill, or materials
expended upon chattels,” filed July 24, 1941.
(Source: Laws 1965, p. 742.)
(770 ILCS 45/5) (from Ch. 82, par. 44)
Sec. 5.
Any lien provided for in this Act may be released and
discharged by the lien claimant, or his agent, filing with the recorder
of deeds a satisfaction piece, which shall be acknowledged in the same
manner as provided by law for the acknowledgment of deeds, which shall
also be indexed in the “index of liens upon chattels”. The owner of the
chattel may also file with the recorder any written document
which would show or tend to show the non-existence, satisfaction, or
termination of such lien which written document shall also be indexed in
the “index of lien upon chattels”.
The fee for filing any document under the provisions of this Section
shall be $12 for the first 4 pages thereof, plus $1 for each additional
page thereof, plus $1 for each additional document number therein noted and
the fee for furnishing a certified copy of any document filed with the
recorder of deeds under the provisions of this Act shall be the same fee
received by him for furnishing certified copies of recorded instruments.
A fee of $12 for the first 4 pages thereof, plus $1 for each additional
page thereof, plus $1 for each additional document number therein noted
shall be paid to the Recorder for filing a satisfaction of judgment memorandum.
(Source: P.A. 86-1353.)
(770 ILCS 45/6) (from Ch. 82, par. 45)
Sec. 6.
Liens provided for in this Act may be foreclosed by an action in
the circuit court of any county in the State of Illinois, or they may be
foreclosed by advertisement and sale of the chattel, subject to the
lien, in the following manner: That the person, or claimant, desiring to
foreclose such lien by advertisement and sale, shall deliver to the
sheriff of the county in which such chattel is then situated, a
certified copy of the notice of lien duly certified to by the recorder
of deeds where the same was filed, with the request endorsed thereon,
signed by the claimant, or his or her attorney, for the foreclosure of the
lien. Thereupon the sheriff, upon the claimant giving to him or her a bond as
in cases of replevin, shall take the property described in the notice of
lien into his or her possession, and for such purpose shall have power to enter
any building, garage or other inclosure where the same may be stored or
held, in the same manner as provided by law under an order for replevin,
and shall at the time of such taking, deliver to the person having
possession of such chattel, if such chattel is found in the possession
of any person, and mail postage prepaid to the owner or reputed owner
and to any mortgagee or his or her assignee if known, having a duly
recorded or filed
unpaid chattel mortgage or security interest upon the chattel described
in such lien, a copy
of the lien notice, certified to by the lien claimant or his or her
attorney, together with an itemized bill of particulars of the lien claimant’s
demand, also certified to by such lien claimant or his attorneys; the
person or persons claiming to own or to have an interest in the
property, may at any time within 10 days after such service and mailing
of notice herein provided for, deliver to the sheriff a written and
verified denial of any allegation contained in the lien notice or bill
of particulars, and if such denial or any allegation of payment on the
part of any such person, or persons, be so made and served upon the
officer then in possession of the chattel, such officer shall then and
in such case retain the possession of the personal property, subject
only to the order or orders of the Circuit Court having jurisdiction of
the parties, or the subject matter, in a foreclosure action to be
prosecuted by such lien claimant, which foreclosure action
shall be filed
and prosecuted within an additional period of 10 days from the time of
service upon such officer of such denial or allegation of payment. In
such case, if the lien claimant shall fail to commence and prosecute
such foreclosure action within such period of 10
days, the sheriff shall
release the personal property from such levy and deliver the same to the
person or persons having, or claiming, an interest therein. If such
action be commenced within that period of 10 days,
the sheriff shall
retain the property in his or her possession subject to the final judgment of
the court in such action. If the person claiming to own the personal
property, or to have an interest therein, or someone in his or her behalf,
shall not, within the period of 10 days herein provided for, make a
written denial of any allegation contained in the lien notice or bill of
particulars, or allege full or partial payment of the sum demanded by
lien claimant, the sheriff shall advertise the property for sale in the
manner provided by law for the sale of personal property in the enforcement
of a money judgment,
for a period of not less than 10 days, and after giving such notice of
sale, shall sell such chattel at public auction to the highest bidder
for cash, to satisfy such lien, accrued interest, costs of seizure and
filing and recording such lien and certified copies thereof, and
storage; and the proceeds derived from such sale shall be applied to the
payment of costs as herein provided, and the amount of such lien and
accrued interest in the order named, and the overplus, if any there be,
shall be paid to the owner of such chattel; provided, that any person
claiming to own or to have an interest in the personal property, shall,
after making such denial of any material allegation in the lien notice
or bill of particulars, or alleging payment in whole or in part of the
lien claimed, make, execute and cause to be delivered to the sheriff
then having the possession of such chattel, a good and sufficient
undertaking executed by one or more sufficient sureties in the sum of
not less than $100.00, and equal to double the amount of the lien
claimed, undertaking to redeliver such chattel in like order and
condition as it was when seized, to the sheriff upon demand of such
officer in the enforcement of a
judgment, or in lieu thereof
to pay to the lien claimant any judgment which such lien claimant, or
his or her personal representative or assigns may recover against the
defendant, or defendants, in any foreclosure action that may be brought to
foreclose such lien within the period above mentioned, and further
conditioned in the bond, any attorney of the court, shall thereby be
authorized irrevocably to appear for the principal or surety, jointly or
severally at any time thereafter, and enter the appearance of the
principal or surety in any foreclosure action relating to the property
then pending or thereafter to be commenced, without process, as a party
defendant, then the sheriff shall deliver the personal property to the
person, or persons, executing the undertaking. The sheriff shall pass
upon the sufficiency of such undertaking and the sureties thereon;
providing, that the circuit court having jurisdiction in any foreclosure
action shall at the time of entering judgment of
foreclosure,
enter an alternative judgment directing the principal and surety to
forthwith surrender the chattel to the sheriff to be dealt with in
accordance with the terms of the judgment or in lieu thereof, to pay to
the lien claimant the amount of the judgment; and provided further, that
the judgment shall thereupon be entered against the
principal and surety; provided, further, that any defendant may, in lieu
of the bond of surety above provided for, deposit with the sheriff a sum
of money equal to the amount of claimant’s lien, together with an
additional sum of $50, the moneys to be held in lieu of such bond and
from which sums claimant’s judgment may be paid.
(Source: P.A. 83-1362.)
(770 ILCS 45/7) (from Ch. 82, par. 46)
Sec. 7.
In all cases where suit is brought in the Circuit Court of any
county in the State of Illinois for the purpose of foreclosing the lien
herein provided, the court shall, upon entering judgment for the
plaintiff, allow as a part of the costs in the suit all moneys paid, if
any, for the foreclosure by advertisement and sale of the chattel under
section 6 of this Act, together with the costs of filing and recording such
lien and certified copies thereof.
(Source: P.A. 79-1358.)
(770 ILCS 45/8) (from Ch. 82, par. 47)
Sec. 8.
The invalidity of any section or sections of this Act shall not
affect the validity of the remainder of this Act. If for any reason section
6 of this Act shall be held to be invalid, the liens provided for in this
Act may be foreclosed in the Circuit Court of any county
in the State of Illinois having jurisdiction of the persons or the subject
matter.
(Source: P.A. 83-345.)