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SB1738 - 104th General Assembly
CIV PRO-POST-JUDGMENT RELIEF
Last Action
Senate Sponsors
Sen. Robert F. Martwick - Michael E. HastingsHouse Sponsors
(Rep. Jennifer Gong-Gershowitz - Daniel Didech - Margaret Croke - Maurice A. West, II, Will Guzzardi, Robyn Gabel and Edgar González, Jr.)Statutes Amended In Order of Appearance
735 ILCS 5/2-1402from Ch. 110, par. 2-1402
735 ILCS 5/12-108from Ch. 110, par. 12-108
735 ILCS 5/12-705from Ch. 110, par. 12-705
735 ILCS 5/12-707from Ch. 110, par. 12-707
735 ILCS 5/12-708from Ch. 110, par. 12-708
735 ILCS 5/12-901from Ch. 110, par. 12-901
735 ILCS 5/12-904from Ch. 110, par. 12-904
735 ILCS 5/12-906from Ch. 110, par. 12-906
735 ILCS 5/12-909from Ch. 110, par. 12-909
735 ILCS 5/12-910from Ch. 110, par. 12-910
735 ILCS 5/12-911from Ch. 110, par. 12-911
735 ILCS 5/12-912from Ch. 110, par. 12-912
735 ILCS 5/12-1001from Ch. 110, par. 12-1001
735 ILCS 5/13-218from Ch. 110, par. 13-218
Synopsis As Introduced
Amends the Code of Civil Procedure. Changes disclosure in notice provisions to a judgment debtor in a citation to discover assets. Defines "consumer debt judgment". Creates an automatic exemption for a judgment debtor against execution in a consumer debt judgment. Provides that "automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking, savings deposit account, or credit union account by a third-party citation respondent or garnishee. Provides that the automatic exemption is part of the judgment debtor's current exemption in any personal property not to exceed $4,000 in value. Makes other changes to personal property exemptions as follows: increases the exemption from $2,400 to $3,600 for a motor vehicle and from $1,500 to $2,250 in any implements, professional books, or tools of the debtor's trade. Increases the homestead exemption from $15,000 to $50,000 for one individual and to $100,000 if 2 or more individuals own the property. Makes changes to the list of items of personal property that are exempt from execution. Changes limitations for a revival of judgment for consumer debt entered before January 1, 2020, for a consumer debt judgment entered into after that date but before the effective date of the amendatory Act, and for a consumer debt judgment entered into after the effective date of the Act. Makes other changes. Amends the Clerks of Courts Act. Prohibits a fee from being charged under the Act for the filing of an appearance by a defendant in a small claim proceeding. Effective January 1, 2026.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/05/2025 | Senate | Filed with Secretary by Sen. Robert F. Martwick |
| 2/05/2025 | Senate | First Reading |
| 2/05/2025 | Senate | Referred to Assignments |
| 2/18/2025 | Senate | Assigned to Judiciary |
| 2/27/2025 | Senate | Added as Chief Co-Sponsor Sen. Michael E. Hastings |
| 3/06/2025 | Senate | Do Pass Judiciary; 008-000-000 |
| 3/06/2025 | Senate | Placed on Calendar Order of 2nd Reading March 18, 2025 |
| 3/18/2025 | Senate | Second Reading |
| 3/18/2025 | Senate | Placed on Calendar Order of 3rd Reading March 19, 2025 |
| 4/04/2025 | Senate | Placed on Calendar Order of 3rd Reading ** |
| 4/09/2025 | Senate | Placed on Calendar Order of 3rd Reading |
| 4/09/2025 | Senate | Third Reading - Passed; 056-000-000 |
| 4/09/2025 | House | Arrived in House |
| 4/09/2025 | House | Chief House Sponsor Rep. Jennifer Gong-Gershowitz |
| 4/09/2025 | House | First Reading |
| 4/09/2025 | House | Referred to Rules Committee |
| 4/17/2025 | House | Assigned to Judiciary - Civil Committee |
| 4/23/2025 | House | Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000 |
| 4/23/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
| 5/14/2025 | House | Second Reading - Short Debate |
| 5/14/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Daniel Didech |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Margaret Croke |
| 5/20/2025 | House | Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II |
| 5/21/2025 | House | Third Reading - Short Debate - Passed 109-000-000 |
| 5/21/2025 | Senate | Passed Both Houses |
| 5/21/2025 | House | Added Alternate Co-Sponsor Rep. Will Guzzardi |
| 5/21/2025 | House | Added Alternate Co-Sponsor Rep. Robyn Gabel |
| 5/21/2025 | House | Added Alternate Co-Sponsor Rep. Edgar González, Jr. |
| 6/18/2025 | Senate | Sent to the Governor |
| 8/01/2025 | Senate | Governor Approved |
| 8/01/2025 | Senate | Effective Date January 1, 2026 |
| 8/01/2025 | Senate | Public Act . . . . . . . . . 104-0120 |