102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0048

 

Introduced 1/14/2021, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1303  from Ch. 110, par. 2-1303

    Amends the Code of Civil Procedure. Provides that the definition of "consumer debt" does not include any money due or owing, or alleged to be due or owing, from a natural person for an arrearage of child support. Provides that the definition of "consumer debt judgment" does not include any judgment entered for an arrearage of child support.


LRB102 04081 LNS 14097 b

 

 

A BILL FOR

 

HB0048LRB102 04081 LNS 14097 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1303 as follows:
 
6    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
7    Sec. 2-1303. Interest on judgment.
8    (a) Except as provided in subsection (b), judgments
9recovered in any court shall draw interest at the rate of 9%
10per annum from the date of the judgment until satisfied or 6%
11per annum when the judgment debtor is a unit of local
12government, as defined in Section 1 of Article VII of the
13Constitution, a school district, a community college district,
14or any other governmental entity. When judgment is entered
15upon any award, report or verdict, interest shall be computed
16at the above rate, from the time when made or rendered to the
17time of entering judgment upon the same, and included in the
18judgment. Interest shall be computed and charged only on the
19unsatisfied portion of the judgment as it exists from time to
20time. The judgment debtor may by tender of payment of
21judgment, costs and interest accrued to the date of tender,
22stop the further accrual of interest on such judgment
23notwithstanding the prosecution of an appeal, or other steps

 

 

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1to reverse, vacate or modify the judgment.
2    (b)(1) As used in this Section:
3    "Consumer debt" means money or property, or the
4equivalent, due or owing, or alleged to be due or owing, from a
5natural person by reason of a transaction in which property,
6services, or money is acquired by that natural person
7primarily for personal, family, or household purposes.
8"Consumer debt" does not include any money due or owing, or
9alleged to be due or owing, from a natural person for an
10arrearage of child support.
11    "Consumer debt judgment" means a judgment recovered in any
12court against one or more natural persons arising out of
13consumer debt. "Consumer debt judgment" does not include any
14compensation for bodily injury or death, nor any judgment
15entered where the debt is guaranteed by or contains a joint and
16several liability provision between a natural person and a
17business, whether or not that business is legally constituted
18under the laws of this State or any other state, or any
19judgment entered for an arrearage of child support.
20    (2) Notwithstanding subsection (a), consumer debt
21judgments of $25,000 or less shall draw interest from the date
22of the judgment until satisfied at the rate of 5% per annum.
23    (3) The judgment debtor may, by tender of payment of
24judgment, costs, and interest accrued to the date of tender,
25stop the further accrual of interest on the consumer debt
26judgment, notwithstanding the prosecution of an appeal, or

 

 

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1other steps to reverse, vacate, or modify the judgment.
2    (4) This subsection applies to all consumer debt judgments
3entered into after the effective date of this amendatory Act
4of the 101st General Assembly.
5(Source: P.A. 101-168, eff. 1-1-20.)