Full Text of SB3166 99th General Assembly
SB3166sam001 99TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/16/2016
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| 1 | | AMENDMENT TO SENATE BILL 3166
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3166 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-117 as follows:
| 6 | | (735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
| 7 | | Sec. 9-117. Expiration of Judgment. | 8 | | (a) No judgment for possession
obtained in an action | 9 | | brought under this Article may be enforced more than 120
days | 10 | | after judgment is entered, unless upon motion by the plaintiff
| 11 | | the court grants an extension of the period of enforcement of | 12 | | the judgment.
| 13 | | (b) In all cases other than those brought by a mortgagee, | 14 | | receiver appointed under Section 15-1704 of this Code, holder | 15 | | of the certificate of sale, holder of the deed
issued pursuant | 16 | | to that certificate or, if no certificate or deed was issued, |
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| 1 | | the purchaser at a judicial sale under Section
15-1507 of this | 2 | | Code who assumes control of the residential real estate in | 3 | | foreclosure, as
defined in Section 15-1225 of this Code, or the | 4 | | owner of property obtained through a foreclosure action, the | 5 | | plaintiff's Plaintiff's notice of motion shall contain the | 6 | | following notice directed
to the defendant:
| 7 | | "Your landlord, (insert name), obtained an eviction | 8 | | judgment against
you on (insert date), but the sheriff did | 9 | | not evict you within the 120 days
that the landlord has to | 10 | | evict after a judgment in court. On the date
stated in this | 11 | | notice, your landlord will be asking the court to allow the
| 12 | | sheriff to evict you based on that judgment. You must | 13 | | attend the court
hearing if you want the court to stop the | 14 | | landlord from having you evicted.
To prevent the eviction, | 15 | | you must be able to prove that (1) the landlord
and you | 16 | | made an agreement after the judgment (for instance, to pay | 17 | | up back
rent or to comply with the lease) and you have | 18 | | lived up to the agreement;
or (2) the reason the landlord | 19 | | brought the original eviction case has been
resolved or | 20 | | forgiven, and the eviction the landlord now wants the court | 21 | | to
grant is based on a new or different reason; or (3) that | 22 | | you have another
legal or equitable reason why the court | 23 | | should not grant the landlord's
request for your eviction."
| 24 | | The court shall grant the motion for the extension of the | 25 | | judgment of
possession unless the defendant establishes that | 26 | | the tenancy has been
reinstated, that the breach upon which the |
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| 1 | | judgment was issued has
been cured or waived, that the | 2 | | plaintiff and defendant entered into a
post-judgment agreement | 3 | | whose terms the defendant has performed, or that
other legal or | 4 | | equitable grounds exist that bar enforcement of the judgment.
| 5 | | (c) In cases brought by a mortgagee, receiver appointed | 6 | | under Section 15-1704 of this Code, holder of the certificate | 7 | | of sale, holder of the deed issued
pursuant to that certificate | 8 | | or, if no certificate or deed was issued, the purchaser at a | 9 | | judicial sale under Section 15-1507 of this Code who assumes | 10 | | control of the residential real estate in foreclosure, as | 11 | | defined
in Section 15-1225 of this Code, or the owner of a | 12 | | property obtained through a foreclosure proceeding,
the | 13 | | plaintiff's notice of motion shall contain the following notice | 14 | | directed to the defendant: | 15 | | "The owner of the property, (insert name), obtained an | 16 | | eviction judgment against you on (insert date), but the | 17 | | sheriff
did not evict you within the 120 days that the | 18 | | owner has to evict after a judgment in court. On the date | 19 | | stated in this
notice, the owner will be asking the court | 20 | | to allow the sheriff to evict you based on that judgment. | 21 | | You must attend
the court hearing if you want the court to | 22 | | stop the owner from having you evicted." | 23 | | The court shall grant the motion for extension of the | 24 | | judgment of possession unless the defendant establishes that | 25 | | the
plaintiff and defendant have entered into a post-judgment | 26 | | agreement whose terms the defendant has performed, or that
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| 1 | | other legal or equitable grounds exist that bar enforcement of | 2 | | the judgment. | 3 | | (d) This Section does not apply to any action based upon a | 4 | | breach of a contract
entered into on or after July 1, 1962, for | 5 | | the purchase of premises in
which the court has entered a stay | 6 | | under Section 9-110; nor shall this
Section apply to any action | 7 | | to which the provisions of Section 9-111 apply;
nor shall this | 8 | | Section affect the rights of Boards of Managers under
Section | 9 | | 9-104.2.
| 10 | | (Source: P.A. 96-60, eff. 7-23-09.)".
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