|
|||||||
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | General Assembly are declarative of existing law.
| ||||||
2 | (Source: P.A. 83-1362.)
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|