Medaris v. Commercial Bank

Are the plaintiffs, Duane and Elizabeth Medaris, eligible under the Code of Civil Procedure to exempt a portion of the value of their automobile from their secured creditor’s claims? The circuit and appellate courts decided that the plaintiffs are not. We agree with their decisions, but for a different reason.

Claiming that their automobile was exempt property within the meaning of section 12 — 1001 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 12— 1001), plaintiffs brought this action in the circuit court of Champaign County seeking a declaratory judgment that they were…