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General Assembly of Illinois - compiled statutes of Illinois (4)

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735 ILCS 5/15-1508

(735 ILCS 5/15-1508) (from chap. 110, para. 15-1508)
Sek. 15-1508.Sales Report and Sales Confirmation.
(a report. The person making the sale must promptly submit a report to the court, which must include a copy of all receipts and, if available, a certificate of sale.
(b) Hearing. Upon application and notification in accordance with court rules governing applications generally that cannot be made prior to the sale, the court will conduct a hearing to confirm the sale. Unless the court finds that (i) a notice required by subsection (c) of Section 15-1507 was not given, (ii) the terms of the sale were unreasonable, (iii) the sale was made fraudulently, or (iv) the If not, the court issues an order confirming the sale. The acknowledgment order must include the name, address, and telephone number of the holder of the certificate of sale or deed based on such certificate, or if no certificate or deed was issued, the buyer to whom a municipality or county may contact with a concern about the property. The Confirmation Order may also:
(1) approve the mortgagee's fees and expenses (i)

arising between the issuance of the foreclosure judgment and the confirmation hearing and (ii) arising on or after the date of execution of an affidavit under subsection (a) of Section 15-1506 and prior to the judgment, but not contained in the judgment, such costs and charges are recoverable to the same extent as provided for in the promissory note and mortgage and Section 15-1504;

(2) provide for a personal judgment against each party

for a lack; And

(3) Determine the priority of the judgments of

Parties who have deferred proof of priority under subsection (h) of Section 15-1506, but the court may not defer confirmation of the sale pending the determination of that priority.

(b-3) Abandoned Home Sale Confirmation Hearing. Upon application and notice, by first class mail to the mortgagee's last known address, such application being made prior to the sale and being heard by the court at the earliest opportunity after the completion of the sale and after the posting of the address of the notice required under Section 15 -1505.8 subsection (l) paragraph (2), the court will issue an order confirming the sale of the abandoned home, unless the court finds that a cause specified in subparagraph (i) exists. through (iv) of subsection (b) of this Section, either the sale is not approved or an order is placed under subsection (h) of Section 15-1505.8. The confirmation order may also address the matters referred to in items (1) through (3) of subsection (b) of this Section. The notice required by subsection (b-5) of this section is not required.
(b-5) Notice Regarding Residential Real Estate. With respect to residential property, the notice required by subsection (b) of this section must be sent to the mortgage lender even if the mortgage lender had previously defaulted. In the event that the mortgagor has filed a complaint, the notice should be sent to the address specified in the complaint. In all other cases, the notice to the mortgagee must be sent to the common address of the attached property. Notice shall be sent by first class post. Unless the title of possession has previously been overturned by the court, the notice must include the following text in 12 point bold and capitalization:


(b-10) Notice of Confirmation Order to Municipality or County. A copy of the certifying order required under subsection (b) shall be sent to the municipality in which the foreclosed property is located or to the county within whose boundaries the foreclosed property is located if the foreclosed property is in an unincorporated area located . A municipality or county must clearly identify on its website a single address to which a copy of the order should be sent. If a municipality or county does not maintain a website, the municipality or county must publicly post a single address at its main office to which a copy of the order must be sent. In the event that a municipality or county has failed to comply with the disclosure requirements in this subsection (b-10), a copy of the order will be sent by first class mail, postage prepaid, to the district chairperson or, in the case of a county, to the district chairperson the mayor, in the case of a city to the mayor or city clerk, in the case of a village to the president of the board of trustees or village clerk, or in the case to the president or city clerk of a city.
(b-15) Confirmation Order Notice to Known Insurers. With respect to residential property, the party filing the complaint must send a copy of the acknowledgment order required under subsection (b) by first class mail, postage prepaid, to the last known property insurer of the foreclosed property. Failure to send or receive a copy of the Order will not in any way affect or nullify the rights of the Mortgagee or Buyer and will not affect the status of the foreclosure proceedings.
(c) Failure to Notice. If a sale is made without compliance with Section 15-1507 subsection (c) of this Article, any party entitled to the notice provided for in paragraph (3) of this subsection (c) and who has not been informed of it may do so upon application at Submitting an Affidavit Before confirming such a sale, ask the court that made the judgment to set aside the sale. Each of these parties must guarantee or bond a bid matching the successful bid in the previous sale, unless the party seeking to reverse the sale is the mortgage lender, the property being sold in the sale is residential and the mortgage lender occupies the home at the time the application is made. In this case, no surety or bond is required from the mortgage lender. Any subsequent sale is subject to the same notice requirements as the original sale.
(d) Validity of Sale. Except as provided in Section 15-1508 subsection (c), no sale under this Article shall be voided or voided for any defect in the notice or publication thereof or in the procedures of the officer conducting the sale, unless: there is good cause which will be established at a hearing pursuant to subsection (b) of Section 15-1508. At any time after a sale, any party entitled to notice under Section 15-1507 subsection (c) paragraph (3) may recover from the mortgagee any damages caused by the mortgagee's failure to comply with this paragraph (3). Any party seeking damages in any legal proceeding instituted under this subsection may also recover from the mortgagee reasonable costs of litigation, including reasonable attorneys' fees.
(d-5) Make house affordable program. The court making the ruling must void a sale made under Section 15-1507 at the request of the mortgage lender at any time prior to the confirmation of the sale if the mortgage lender establishes by compelling evidence that (i) the mortgagee has a applied for assistance under the Making Home Affordable Program established by the US Treasury Department under the Emergency Economic Stabilization Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, and (ii) the mortgaged property was sold in material violation of the program eligibility requirements for a court sale. The provisions of this subsection (d-5) shall be effective and, except for this sentence, shall terminate on January 1, 2018 for any suit filed under this Article after December 31, 2017 in which the mortgagor has not filed a request for assistance in the making Home Affordable Program on or before December 31, 2016. The amendments to this subsection (d-5) by this Amendment Act of the 99th General Assembly apply to all cases pending and filed on or after the Effective Date of this Amendment Act the 99th .General Assembly.
(e) Defective Judgment. In any order confirming a sale pursuant to the foreclosure order, the court must also file a personal judgment of defects against a party (i) if otherwise authorized and (ii) to the extent required in the lawsuit and by submission as evidenced by the record of sale with Section 15-1508. Except as provided in this Article, any balance due to the plaintiff in excess of the proceeds of the sale or sales may be judged and enforcement sought to collect that balance if the judgment is exclusively directed to the payment of money. Such a judgment or enforcement can only be made in cases where personal service has been made on the persons personally liable for the mortgage debt unless they have registered in the foreclosure action.
(f) satisfaction. With the confirmation of the sale, the judgment in the amount of the sales price less expenses and costs is considered fulfilled. If the order confirming the sale contains a judgment of defects, the judgment becomes a lien like any other judgment on payment of money.
(g) The order confirming the sale must, notwithstanding any previous orders granting title during the period of foreclosure, contain a grant of title to the mortgaged property to the buyer from the date 30 days after the date of receipt of the order by the parties of the foreclosure , whose interests have ended.
An eviction order authorizing the removal of a person from possession of the mortgaged property may be made and enforced only against those persons personally named as individuals in the complaint or application under Section 15-1701 subsection (h). No eviction order issued under this Section may be issued against a tenant holding a bona fide lease of a dwelling unit in a residential property that is subject to foreclosure, whether or not the tenant participated in the foreclosure. No order may be made and enforced against any person who is described in the Complaint only generally as an unknown owner or an unregistered claimant or by any other generic designation.
Notwithstanding the foregoing paragraph, failure to personally name, include, or seek an eviction order against any person in the confirmation order shall not result in the Buyer's right to possession of the mortgaged property and to pursuing an eviction proceeding under Article IX hereof Agreement is waived or, if applicable, pursuant to subsection (h) of Section 15-1701; and Eviction of any person who (1) has not been personally named as a party to the foreclosure and (2) has not been given an opportunity to be heard at the foreclosure (h) be requested by Section 15-1701.
(h) With respect to mortgaged real estate having 5 or more units, the sale confirmation order must also provide that (i) the mortgage lender remit to the buyer the security deposit received by the mortgage lender to secure payment, if any, of rent or compensation for Damage to the mortgaged property by a current occupant of a unit of the mortgaged property and any statutory interest not paid to the occupant, and (ii) the mortgage lender must provide an accounting of the deposits transferred, including the name and address of each occupant, for which the mortgage lender is holding the security deposit and the amount of the security deposit and any statutory interest.
(Quelle: P.A. 102-86, eff. 7-9-21.)

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What does Illinois compiled statutes mean? ›

The Illinois Compiled Statutes (ILCS) is a compilation of Public Acts, organized by Chapter and Act number under nine topical categories. Public Acts are bills that have been passed by the Illinois General Assembly and signed by the Governor. Most, but not all, Public Acts are incorporated into the ILCS.

Is Illinois compiled statutes annotated? ›

Drawing its statutory text directly from the official database of the Illinois Legislature, ILCSA contains the most thorough, current, and exact annotations to Illinois statutory law available.

What is Illinois compiled statutes 725? ›

725 ILCS 220/ Uniform Act to Secure the Attendance of Witnesses from Within or Without a State in Criminal Proceedings.

What is the 720 ILCS 5.0 12 1? ›

(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.

What is a compilation of statutes? ›

Each Statute Compilation incorporates the amendments made to the underlying statute since it was originally enacted. When legislation cites or amends a statutory provision that is not part of a positive law title of the U.S. Code, the citation or amendment must be to the underlying statute, not to the U.S. Code.

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Statutes, also known as acts, are laws passed by a legislature.

What is the difference between statutes and annotated statutes? ›

An unannotated code includes the text of the statutes and history notes identifying the origin and amendments for each statute. Annotated codes have this information and also contain citations to cases interpreting the statute, regulations pertaining to the statute, and secondary sources discussing the statute.

What does it mean to say that a set of statutes is annotated? ›

Annotated statutes are commercial publications of the statutes with references to other sources of law, most often case law which defines, broadens, or narrows the scope of that statute. Annotations also provide references to law review articles, ALRs, treatises, and other research references.

What is the advantage to the annotated statutes? ›

Annotated Statutes provide not only the actual texts of the statute but also summary of the cases that interpret the statute. Thus, if you find a relevant statute, use its annotations to find cases that interpret your statute.

What is ILCS failure to identify? ›

Section 720 ILCS 5/31-4.5 - Obstructing Identification (a) A person commits the offense of obstructing identification when he or she intentionally or knowingly furnishes a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained ...

What is the 720 Illinois compiled statute? ›

Section 720 ILCS 5/12-6 - Intimidation (a) A person commits intimidation when, with intent to cause another to perform or to omit the performance of any act, he or she communicates to another, directly or indirectly by any means , a threat to perform without lawful authority any of the following acts: (1) Inflict ...

What is Illinois compiled statutes Chapter 755 Article 45? ›

The purpose of this Power of Attorney is to give your designated "agent" broad powers to handle your financial affairs, which may include the power to pledge, sell, or dispose of any of your real or personal property, even without your consent or any advance notice to you.

What are the rights of accused under 725 ILCS 5 103? ›

Sec. 103-1. Rights on arrest. (a) After an arrest on a warrant the person making the arrest shall inform the person arrested that a warrant has been issued for his arrest and the nature of the offense specified in the warrant.

What is charge 720 ILCS 5.0 12 3 a 1? ›

(a) A person commits battery if he or she knowingly without legal justification by any means (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual. (b) Sentence. Battery is a Class A misdemeanor.

What is 5 12 610.2 ILCS? ›

In Illinois, the use of a wireless telephone in a motor vehicle is governed by Illinois law 625 ILCS 5/12-610.2, which prohibits drivers from using any "electronic communication device" while driving.

What are the two types of statutes? ›

Types of Statutes

Slip laws are the laws passed by the legislature, published individually. Session laws are the chronological compilation of slip laws passed by the legislature during a legislative session.

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Just like any other use of another's work, you need permission to use someone's work in creating a compilation. »However, compilations made up of works that are not protected by copyright do not require permissions.

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A compilation of mere facts may not be copyrighted. Instead, a compilation may only be copyrighted if there is a creative or original act involved, i.e., in the selection and arrangement of materials. The protection is limited only to the creative or original aspects of the compilation.

What is a statute vs a rule? ›

Statutes also referred to as codes, are laws written and enacted by the legislative branch of government (e.g, U.S. Congress, state legislators). Regulations also referred to as rules, are written by agencies (e.g., Environmental Protection Agency) to supplement laws that were passed by the legislature.

What is the 14th Amendment? ›

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...

What makes a statute law? ›

Statutory Law is law established by an act of the legislature that is signed by the executive. For federal statutory law, the acts are passed by Congress and signed by the President of the United States. For state law, the acts are passed by the state legislature and signed by the state governor.

Are statutes legally binding? ›

Federal laws (statutes), enacted by the United States Congress, must be followed by every state in the country. If a state law contradicts a federal law, the federal statute preempts the state law, and the state will be required to abide by the federal statute.

Are statutes written law? ›

Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary.

What are examples of statutes in law? ›

Examples of statutory laws include traffic laws like driving on a suspended license, drug laws like those regarding drug possession, etc. Unlike common law, statutory law is codified and encompasses compiled legislation that has been passed on a local, state or federal level.

What are the 4 rules of statutory interpretation? ›

There are four Rules of Statutory Interpretation, these are the literal rule, the golden rule, the mischief rule and the purposive approach.

Who has the legal power to determine whether a law is constitutional? ›

Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The courts, like Congress, can compel the production of evidence and testimony through the use of a subpoena.

Are statutes assumed to be constitutional? ›

Statutes are presumed to be constitutional.

If a statute can be interpreted two ways — one of which is constitutional and the other unconstitutional — the court will choose the constitutional interpretation.

What do courts use to interpret statutes? ›

To find the true meanings of statutes, judges use various tools of statutory interpretation, including traditional canons of construction, legislative history, and purpose. Statutory construction begins with looking at the plain language of the statute to determine its original intent.

Why do researchers prefer to use annotated statutes and codes? ›

In addition to the text of the statutes, an annotated code usually includes references to related statutes, case law, and regulations, legislative information, and secondary sources and thus tends to be more useful for research purposes.

Why is statute of limitations good? ›

The purpose of statutes of limitations is to protect would-be defendants from unfair legal action, primarily arising from the fact that after a significant passage of time, relevant evidence may be lost, obscured, or not retrievable, and the memories of witnesses may not be as sharp.

What is ILCS unlawful use of property? ›

35. Use of property. (a) It is unlawful for a person knowingly to use or allow the use of a vehicle, a structure, real property, or personal property within the person's control to help bring about a violation of this Act. (b) A person who violates subsection (a) of this Section is guilty of a Class 2 felony.

Do you have to give your name to police in Illinois? ›


You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories.

How much does a bad check have to be to be a felony in Illinois? ›

Northbrook Penalties for a Conviction of Check Fraud

Finally, if the fraud amount is between $10,001 and $100,000, a Class 2 felony may be charged and you could be sentenced to seven years in an Illinois state penitentiary and be subject to a fine as high as $25,000.

What is Illinois Rule 1401? ›

§ 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished.

What is Illinois statute 410? ›

Each physician, health care provider, health services corporation and insurance company shall refrain from disclosing the nature or details of services provided to patients, except that such information may be disclosed: (1) to the patient, (2) to the party making treatment decisions if the patient is incapable of ...

What is Illinois Statute 11 801? ›

11-801. Required position and method of turning. (a) The driver of a vehicle intending to turn at an intersection shall do so as follows: (1) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

What does Section 10 22.39 of the Illinois compiled statutes require? ›

At a minimum, school personnel must be trained to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.

What does Chapter 15 Illinois compiled statutes section 335 4a define? ›

A physical disability is a physical impairment, disease, or loss, which is of a permanent nature, and which substantially limits physical ability or motor skills. The Secretary of State shall establish standards not inconsistent with this provision necessary to determine the presence of a physical disability.

What is Illinois statute 11 904? ›

11-904. Vehicle entering stop or yield intersection. (a) Preferential right-of-way at an intersection may be indicated by stop or yield signs as authorized in Section 11-302 of this Chapter.

What is Illinois Human Rights Act 775 ILCS 5 1 102? ›

To promote the public health, welfare and safety by protecting the interest of all people in Illinois in maintaining personal dignity, in realizing their full productive capacities, and in furthering their interests, rights and privileges as citizens of this State.

What is Illinois Human Rights Act 775 ILCS 5 1 101? ›

Sec. 1-101.1. Construction. Nothing in this Act shall be construed as requiring any employer, employment agency, or labor organization to give preferential treatment or special rights based on sexual orientation or to implement affirmative action policies or programs based on sexual orientation.

What is statute 720 ilcs article 4? ›

Unauthorized video recording and live video transmission. (a) It is unlawful for any person to knowingly make a video record or transmit live video of another person without that person's consent in a restroom, tanning bed, tanning salon, locker room, changing room, or hotel bedroom.

What is official misconduct under 720 ILCS 5 33 3? ›

(b) An employee of a law enforcement agency commits misconduct when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment, with the intent to obstruct, impede, or prevent the investigation, apprehension, or prosecution of any criminal offense or person.

What is 720 ILCS 5 criminal damage to property? ›

imposed, a court shall order any person convicted of criminal damage to property to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed.

What is Illinois criminal code 720 ILCS 5 11 30? ›

Public indecency is a Class 4 felony if committed by a person 18 years of age or older who is on or within 500 feet of elementary or secondary school grounds when children are present on the grounds.

What is 625 ILCS 5.0 11 601.5 A? ›

Under 625 ILCS 5/11-601.5(a), speeding 26 miles over the speed limit is a Class B misdemeanor. Class B misdemeanors are punishable by up to 180 days in jail and a fine of up to $1,500.

What is the rule 2 610 in Illinois? ›

2-610. Pleadings to be specific. (a) Every answer and subsequent pleading shall contain an explicit admission or denial of each allegation of the pleading to which it relates.

What is 720 ILCS 5.0 12 5 a reckless conduct? ›

Section 720 ILCS 5/12-5 - Reckless conduct (a) A person commits reckless conduct when he or she, by any means lawful or unlawful, recklessly performs an act or acts that: (1) cause bodily harm to or endanger the safety of another person; or (2) cause great bodily harm or permanent disability or disfigurement to another ...

What are Illinois compiled statutes unlawful use of a weapon? ›

(1) Aggravated unlawful use of a weapon is a Class 4 felony; a second or subsequent offense is a Class 2 felony for which the person shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, except as provided for in Section 5-4.5-110 of the Unified Code of Corrections.

What is the Illinois compiled statutes for threatening a public official? ›

(c) Threatening a public official or human service provider is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense. (Source: P.A. 100-1, eff. 1-1-18 .)

What qualifies as a gun case in Illinois? ›

For the purpose of subsection 430 ILCS 66/65(b), a “case” includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container.

How much time can a convicted felon get for possession of firearm in Illinois? ›

sentencing range is 3 to 7 years. However, people convicted of a Class 2 felon in possession of a firearm offense must be sentenced to prison, and the sentencing range is 3 to 14 years. Under both federal and Illinois law, it is illegal for a person with a prior felony conviction to possess a firearm.

Is unlawful use of a weapon a felony in Illinois? ›

Unlawful Use of a Weapon by a Felon is a Class 3 felony in Illinois. UUW by a Felon carries a maximum prison sentence of five years but is non-probationable. The minimum sentence for a conviction for an Unlawful Use of a Weapon by a Felon is two years in prison.

What are exceptions to the statute of limitations in Illinois? ›

Exceptions to the Rules

For example, the statute of limitations may not start until after: An injured victim turns 18. A legally disabled person recovers from their disability. The defendant returns to the state after having left.

What happens if a will is not filed in Illinois? ›

In Illinois, a will must be filed within thirty (30) days of a person's death. Failure to file a will in your possession is a felony under Illinois law.

Is verbal abuse a crime in Illinois? ›

"Verbal abuse" does not exist as a crime. Physical assault, on the other hand, is a crime. Threatening physical injury or violence, on the other hand, is illegal.

What is the intimidation law in Illinois? ›

Intimidation is a Class 3 felony for which an offender may be sentenced to a term of imprisonment of not less than 2 years and not more than 10 years.

What is Illinois statutes Chapter 625 Vehicles 1303? ›

11-1303. Stopping, standing or parking prohibited in specified places. part of this subparagraph h. shall result in a mandatory fine of $500 or 50 hours of community service.

What is Illinois statute 625 5 11 601.5 A? ›

Under 625 ILCS 5/11-601.5(a), speeding 26 miles over the speed limit is a Class B misdemeanor. Class B misdemeanors are punishable by up to 180 days in jail and a fine of up to $1,500.

What is Illinois Revised Statutes Chapter 38 Section 114 4? ›

114-4. Motion for continuance. (a) The defendant or the State may move for a continuance. If the motion is made more than 30 days after arraignment the court shall require that it be in writing and supported by affidavit.


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