Article XII. Judgments - Enforcement · Part 10. Exemption of Personal Property · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExplains when a debtor must file a sworn schedule of personal property to choose which specific items to keep, and what happens automatically if no schedule is filed.
Full Text of 735 ILCS 5/12-1002
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It shall not be necessary for the debtor against whom a judgment or attachment was entered or distress warrant was issued to make a schedule of his or her personal property to enable him or her to secure the exemption and to retain the property enumerated in paragraph (b) of Section 12-1001 of this Act, but whenever any debtor against whom a judgment or attachment was entered or distress warrant was issued, desires to avail himself or herself of the benefit of this Act to make a selection of certain household furniture (in case such property is worth more than the amount he or she is entitled to retain) or to select other personal property instead of household furniture or to select part household furniture and part other personal property he or she shall, within 10 days after a copy of the judgment, attachment or distress warrant is served upon him or her in the same manner as summonses are served in other civil cases, such copies of the judgment, attachment or distress warrant to have endorsed thereon a notice signed by the officer having such document, notifying the debtor that he or she must file a schedule of his or her property within 10 days from the service thereof in order to claim his or her exemption under Part 10 of Article XII of this Act, whereupon the debtor shall make a schedule of all his or her personal property of every kind and character, including money on hand and debts due and owing to the debtor and shall deliver the same to the officer having the certified copy of the judgment, attachment or distress warrant, or file the same in the court which entered the document, which schedule shall be subscribed and sworn to by the debtor, and any property owned by the debtor, and not included in such schedule shall not be exempt, and thereupon the court which entered the judgment or attachment or issued the distress warrant shall summon 3 householders, who, after being duly sworn to fairly and impartially appraise the property of the debtor, shall fix a fair valuation upon each article contained in such schedule, and the debtor shall then select from such schedule the articles he or she may desire to retain, the aggregate value of which shall not exceed the amount exempted, to which he or she may be entitled, and deliver the remainder to the officer having the document; and the officer having such document is authorized to administer the oaths required herein of the debtor and appraisers. In case no schedule is filed, it shall be the duty of the officer to exempt and disregard the articles enumerated in paragraphs (a), (e), (f), (g) and (h) of Section 12-1001 of this Act and the personal property if it is worth not more than the amount the debtor is entitled to have exempted under paragraphs (b), (c) and (d) of Section 12-1001 of this Act and if the personal property is worth more than the amount of the exemption to which the debtor is entitled, the court which entered the judgment or the attachment order or the distress warrant issued shall secure a fair and impartial appraisal of the personal property in the same manner as all the personal property is appraised when a schedule is filed, and after such valuation, such officer shall select and exempt personal property to the amount to which the debtor is entitled to retain. When the judgment debtor has presented a sufficient schedule of all his or her personal estate, the return of such judgment unsatisfied, shall not render it necessary for such judgment debtor, for the purpose of availing himself or herself of the benefits of the exemption laws of this state, to present an additional schedule unless additional property has been acquired, before 90 days from the date of the issuance of the certified copy of the judgment.
Plain-English Summary
A debtor doesn't need to file a schedule of personal property just to claim the exemptions listed elsewhere in this Part. A schedule becomes necessary only if the debtor wants to select specific household furniture worth more than the exempt amount, choose other personal property instead, or mix the two. In that case, the debtor must act within 10 days after being served with a copy of the judgment, attachment, or distress warrant carrying the required notice.
Once triggered, the debtor swears to a schedule listing all personal property, including money on hand and debts owed to the debtor; anything left off the schedule isn't exempt. Three householders, sworn to appraise the property, fix a value on each listed item, and the debtor then selects items up to the total exempt value, turning over the rest to the officer.
If no schedule is filed, the officer must automatically exempt the categories that don't carry dollar caps, and must also treat the capped categories — the wildcard interest, the vehicle interest, and the tools-of-trade interest — as exempt if that property is worth no more than the allowed amount. If it's worth more, the court arranges an appraisal and the officer selects exempt property up to the allowed value.
Once a debtor has filed a sufficient schedule and the judgment comes back unsatisfied, the debtor doesn't need to file again to claim the exemption, unless the debtor acquires additional property within 90 days of the certified judgment copy being issued.
Frequently Asked Questions
Does a debtor always have to file a schedule of property to claim an exemption?
No. A schedule is required only to select specific furniture worth more than the exempt amount, or to choose other property instead.
How long does a debtor have to file the schedule?
10 days after being served with a copy of the judgment, attachment, or distress warrant carrying the required notice.
What happens to personal property left off the schedule?
It isn't exempt.
Who appraises the property listed on the schedule?
Three sworn householders.
If a debtor already filed a schedule and the judgment came back unsatisfied, must they file again?
Not unless the debtor acquires additional property within 90 days of the certified judgment copy's issuance.
Amendment History
(Source: P.A. 83-968.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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