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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Sections 2-1602 and 13-218 as follows:
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| 6 | (735 ILCS 5/2-1602)
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| 7 | Sec. 2-1602. Revival of judgment.
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| 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.
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| 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.
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| 20 | (c) Service of notice of the petition to revive a judgment | ||||||
| 21 | shall
be made in accordance with Supreme Court Rule 106.
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| 22 | (d) An order reviving a judgment shall be for the original | ||||||
| 23 | amount
of the judgment. The plaintiff may recover interest and | ||||||
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| 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.
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| 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.
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| 9 | (f) A judgment may be revived as to fewer than all judgment
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| 10 | debtors, and such order for revival of judgment shall be final,
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| 11 | appealable, and enforceable.
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| 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.
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| 17 | (Source: P.A. 92-817, eff. 8-21-02.)
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| 18 | (735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
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| 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
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| 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 | ||||||
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| 1 | General Assembly are declarative of existing law.
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| 2 | (Source: P.A. 83-1362.)
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| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.
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