|
|
|
|
HB3726 Engrossed |
|
LRB096 09378 AJO 19535 b |
|
|
| 1 |
| AN ACT concerning civil law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Code of Civil Procedure is amended by |
| 5 |
| changing Sections 2-1602 and 13-218 as follows:
|
| 6 |
| (735 ILCS 5/2-1602)
|
| 7 |
| Sec. 2-1602. Revival of judgment.
|
| 8 |
| (a) A petition to revive a judgment may be filed revived in |
| 9 |
| the seventh year after its
entry, or in the seventh year after |
| 10 |
| its last revival, or in the twentieth year after its entry, or |
| 11 |
| at any other
time thereafter within 20 years after its entry if |
| 12 |
| the judgment becomes dormant. The provisions of this amendatory |
| 13 |
| Act of the 96th General Assembly are declarative of existing |
| 14 |
| law.
|
| 15 |
| (b) A petition to revive a judgment shall be filed in the |
| 16 |
| original
case in which the judgment was entered. The petition |
| 17 |
| shall include a
statement as to the original date and amount of |
| 18 |
| the judgment, court
costs expended, accrued interest, and |
| 19 |
| credits to the judgment, if any.
|
| 20 |
| (c) Service of notice of the petition to revive a judgment |
| 21 |
| shall
be made in accordance with Supreme Court Rule 106.
|
| 22 |
| (d) An order reviving a judgment shall be for the original |
| 23 |
| amount
of the judgment. The plaintiff may recover interest and |
|
|
|
HB3726 Engrossed |
- 2 - |
LRB096 09378 AJO 19535 b |
|
|
| 1 |
| court costs from
the date of the original judgment. Credits to |
| 2 |
| the judgment shall be
reflected by the plaintiff in |
| 3 |
| supplemental proceedings or execution.
|
| 4 |
| (e) If a judgment debtor has filed for protection under the |
| 5 |
| United
States Bankruptcy Code and failed to successfully |
| 6 |
| adjudicate and remove
a lien filed by a judgment creditor, then |
| 7 |
| the judgment may be revived
only as to the property to which a |
| 8 |
| lien attached before the filing of
the bankruptcy action.
|
| 9 |
| (f) A judgment may be revived as to fewer than all judgment
|
| 10 |
| debtors, and such order for revival of judgment shall be final,
|
| 11 |
| appealable, and enforceable.
|
| 12 |
| (g) This Section does not apply to a child support judgment |
| 13 |
| or to a judgment
recovered in an action for damages for an |
| 14 |
| injury described in Section 13-214.1,
which
need not be revived |
| 15 |
| as provided in this Section and which may be enforced at
any |
| 16 |
| time as
provided in Section 12-108.
|
| 17 |
| (Source: P.A. 92-817, eff. 8-21-02.)
|
| 18 |
| (735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
|
| 19 |
| Sec. 13-218. Revival of judgment. A petition to revive a |
| 20 |
| judgment, as provided by Section 2-1601 of this Code, Judgments |
| 21 |
| in a circuit court may be
filed no later than revived as |
| 22 |
| provided
by Section 2-1601 of this Act, within 20 years next
|
| 23 |
| after the date of entry of such judgment and not after; and the |
| 24 |
| provisions of
Section 13-217 of this Act shall apply also to |
| 25 |
| this Section. The provisions of this amendatory Act of the 96th |