Full Text of HB0088 101st General Assembly
HB0088ham001 101ST GENERAL ASSEMBLY | Rep. Will Guzzardi Filed: 3/28/2019
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| 1 | | AMENDMENT TO HOUSE BILL 88
| 2 | | AMENDMENT NO. ______. Amend House Bill 88 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | changing Sections 2-1303, 2-1602, and 12-108 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 | 9 | | Judgments recovered in
any court shall draw interest at the | 10 | | rate of 9% per annum from the date
of the judgment until | 11 | | satisfied or 6% per annum when the judgment debtor is a unit
of | 12 | | local government, as defined in Section 1 of Article VII of the | 13 | | Constitution,
a school district, a community college district, | 14 | | or any other governmental
entity. When judgment is entered upon | 15 | | any award, report or verdict, interest
shall be computed at the | 16 | | above rate, from the time when made or rendered
to the time of |
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| 1 | | entering judgment upon the same, and included in the judgment.
| 2 | | Interest shall be computed and charged only on the unsatisfied | 3 | | portion of
the judgment as it exists from time to time. The | 4 | | judgment debtor may by
tender of payment of judgment, costs and | 5 | | interest
accrued to the date of tender, stop the further | 6 | | accrual of interest on such
judgment notwithstanding the | 7 | | prosecution of an appeal, or other steps to
reverse, vacate or | 8 | | modify the judgment.
| 9 | | (b)(1) As used in this Section: | 10 | | "Consumer debt" means money or property, or the equivalent, | 11 | | due or owing, or alleged to be due or owing, from a natural | 12 | | person by reason of a transaction in which property, services, | 13 | | or money is acquired by that natural person primarily for | 14 | | personal, family, or household purposes. | 15 | | "Consumer debt judgment" means a judgment recovered in any | 16 | | court against one or more natural persons arising out of | 17 | | consumer debt. "Consumer debt judgment" does not include any | 18 | | compensation for bodily injury or death, nor any judgment | 19 | | entered where the debt is guaranteed by or contains a joint and | 20 | | several liability provision between a natural person and a | 21 | | business, whether or not that business is legally constituted | 22 | | under the laws of this State or any other state. | 23 | | (2) Notwithstanding subsection (a), consumer debt | 24 | | judgments of $25,000 or less shall draw interest from the date | 25 | | of the judgment until satisfied at the rate of 5% per annum. | 26 | | (3) The judgment debtor may, by tender of payment of |
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| 1 | | judgment, costs, and interest accrued to the date of tender, | 2 | | stop the further accrual of interest on the consumer debt | 3 | | judgment, notwithstanding the prosecution of an appeal, or | 4 | | other steps to reverse, vacate, or modify the judgment. | 5 | | (4) This subsection applies to all consumer debt judgments | 6 | | entered into after the effective date of this amendatory Act of | 7 | | the 101st General Assembly. | 8 | | (Source: P.A. 85-907.)
| 9 | | (735 ILCS 5/2-1602)
| 10 | | Sec. 2-1602. Revival of judgment.
| 11 | | (a) Except as provided in subsection (a-5), a A judgment | 12 | | may be revived by filing a petition to revive the judgment in | 13 | | the seventh year after its
entry, or in the seventh year after | 14 | | its last revival, or in the twentieth year after its entry, or | 15 | | at any other
time within 20 years after its entry if the | 16 | | judgment becomes dormant and by serving the petition and | 17 | | entering a court order for revival as provided in the following | 18 | | subsections. The provisions of this amendatory Act of the 96th | 19 | | General Assembly are declarative of existing law.
| 20 | | (a-5) A consumer debt judgment as defined in subsection (b) | 21 | | of Section 2-1303 may be revived by filing a petition to revive | 22 | | the consumer debt judgment no later than 10 years after its | 23 | | entry and by serving the petition and entering a court order | 24 | | for revival as provided in this Section. | 25 | | (b) A petition to revive a judgment shall be filed in the |
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| 1 | | original
case in which the judgment was entered. The petition | 2 | | shall include a
statement as to the original date and amount of | 3 | | the judgment, court
costs expended, accrued interest, and | 4 | | credits to the judgment, if any.
| 5 | | (c) Service of notice of the petition to revive a judgment | 6 | | shall
be made in accordance with Supreme Court Rule 106.
| 7 | | (d) An order reviving a judgment shall be for the original | 8 | | amount
of the judgment. The plaintiff may recover interest and | 9 | | court costs from
the date of the original judgment. Credits to | 10 | | the judgment shall be
reflected by the plaintiff in | 11 | | supplemental proceedings or execution.
| 12 | | (e) If a judgment debtor has filed for protection under the | 13 | | United
States Bankruptcy Code and failed to successfully | 14 | | adjudicate and remove
a lien filed by a judgment creditor, then | 15 | | the judgment may be revived
only as to the property to which a | 16 | | lien attached before the filing of
the bankruptcy action.
| 17 | | (f) A judgment may be revived as to fewer than all judgment
| 18 | | debtors, and such order for revival of judgment shall be final,
| 19 | | appealable, and enforceable.
| 20 | | (g) This Section does not apply to a child support judgment | 21 | | or to a judgment
recovered in an action for damages for an | 22 | | injury described in Section 13-214.1,
which
need not be revived | 23 | | as provided in this Section and which may be enforced at
any | 24 | | time as
provided in Section 12-108.
| 25 | | (h) If a judgment becomes dormant during the pendency of an | 26 | | enforcement proceeding against wages under Part 14 of this |
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| 1 | | Article or under Article XII, the enforcement may continue to | 2 | | conclusion without revival of the underlying judgment so long | 3 | | as the enforcement is done under court supervision and includes | 4 | | a wage deduction order or turn over order and is against an | 5 | | employer, garnishee, or other third party respondent. | 6 | | (Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
| 7 | | (735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
| 8 | | Sec. 12-108. Limitation on enforcement.
| 9 | | (a) Except as herein provided,
no judgment shall be | 10 | | enforced after the expiration of 7 years from the time
the same | 11 | | is rendered, except upon the revival of the same by a | 12 | | proceeding
provided by Section 2-1601 of this Act; but real | 13 | | estate, levied upon within
the 7 years, may be sold to enforce | 14 | | the judgment at any time within one
year after the expiration | 15 | | of the 7 years. A judgment recovered in an
action for damages | 16 | | for an injury described in Section 13-214.1 may be
enforced at | 17 | | any time.
Child support judgments, including those arising by | 18 | | operation of law, may be
enforced at any time.
| 19 | | (b) No judgment shall be enforced against a police officer | 20 | | employed by
a municipality if the corporate authority of the | 21 | | municipality files with the
clerk of the court in which the | 22 | | judgment was entered a statement certifying:
(1) such police | 23 | | officer was employed by the municipality and was within
the | 24 | | scope and course of his employment at the time of the | 25 | | occurrence giving
rise to the action in which the judgment is |
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| 1 | | entered and (2) the municipality
indemnifies the police officer | 2 | | in the amount of the judgment and interest
thereon. In such | 3 | | event, the judgment creditor may enforce the judgment
against | 4 | | the municipality in the same manner and to the same extent as | 5 | | if
the municipality were the judgment debtor.
| 6 | | (c) If a judgment or a consumer debt judgment becomes | 7 | | dormant during the pendency of an enforcement proceeding | 8 | | against wages under of Part 14 of Article II or Part 8 of | 9 | | Article XII, the enforcement may continue to conclusion if the | 10 | | enforcement is done under court supervision and includes a wage | 11 | | deduction order or turn over order and is against an employer, | 12 | | garnishee, or other third party respondent. | 13 | | (Source: P.A. 90-18, eff. 7-1-97.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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