Full Text of HB0088 101st General Assembly
HB0088enr 101ST GENERAL ASSEMBLY |
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| 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 2-1303, 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 | 17 | | entering judgment upon the same, and included in the judgment.
| 18 | | Interest shall be computed and charged only on the unsatisfied | 19 | | portion of
the judgment as it exists from time to time. The | 20 | | judgment debtor may by
tender of payment of judgment, costs and | 21 | | interest
accrued to the date of tender, stop the further | 22 | | accrual of interest on such
judgment notwithstanding the | 23 | | prosecution of an appeal, or other steps to
reverse, vacate or |
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| 1 | | modify the judgment.
| 2 | | (b)(1) As used in this Section: | 3 | | "Consumer debt" means money or property, or the equivalent, | 4 | | due or owing, or alleged to be due or owing, from a natural | 5 | | person by reason of a transaction in which property, services, | 6 | | or money is acquired by that natural person primarily for | 7 | | personal, family, or household purposes. | 8 | | "Consumer debt judgment" means a judgment recovered in any | 9 | | court against one or more natural persons arising out of | 10 | | consumer debt. "Consumer debt judgment" does not include any | 11 | | compensation for bodily injury or death, nor any judgment | 12 | | entered where the debt is guaranteed by or contains a joint and | 13 | | several liability provision between a natural person and a | 14 | | business, whether or not that business is legally constituted | 15 | | under the laws of this State or any other state. | 16 | | (2) Notwithstanding subsection (a), consumer debt | 17 | | judgments of $25,000 or less shall draw interest from the date | 18 | | of the judgment until satisfied at the rate of 5% per annum. | 19 | | (3) The judgment debtor may, by tender of payment of | 20 | | judgment, costs, and interest accrued to the date of tender, | 21 | | stop the further accrual of interest on the consumer debt | 22 | | judgment, notwithstanding the prosecution of an appeal, or | 23 | | other steps to reverse, vacate, or modify the judgment. | 24 | | (4) This subsection applies to all consumer debt judgments | 25 | | entered into after the effective date of this amendatory Act of | 26 | | the 101st General Assembly. |
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| 1 | | (Source: P.A. 85-907.)
| 2 | | (735 ILCS 5/2-1602)
| 3 | | Sec. 2-1602. Revival of judgment.
| 4 | | (a) Except as provided in subsection (a-5), a A judgment | 5 | | may be revived by filing a petition to revive the judgment in | 6 | | the seventh year after its
entry, or in the seventh year after | 7 | | its last revival, or in the twentieth year after its entry, or | 8 | | at any other
time within 20 years after its entry if the | 9 | | judgment becomes dormant and by serving the petition and | 10 | | entering a court order for revival as provided in the following | 11 | | subsections. The provisions of this amendatory Act of the 96th | 12 | | General Assembly are declarative of existing law.
| 13 | | (a-5) A consumer debt judgment as defined in subsection (b) | 14 | | of Section 2-1303 may be revived by filing a petition to revive | 15 | | the consumer debt judgment no later than 10 years after its | 16 | | entry and by serving the petition and entering a court order | 17 | | for revival as provided in this Section. | 18 | | (b) A petition to revive a judgment shall be filed in the | 19 | | original
case in which the judgment was entered. The petition | 20 | | shall include a
statement as to the original date and amount of | 21 | | the judgment, court
costs expended, accrued interest, and | 22 | | credits to the judgment, if any.
| 23 | | (c) Service of notice of the petition to revive a judgment | 24 | | shall
be made in accordance with Supreme Court Rule 106.
| 25 | | (d) An order reviving a judgment shall be for the original |
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| 1 | | amount
of the judgment. The plaintiff may recover interest and | 2 | | court costs from
the date of the original judgment. Credits to | 3 | | the judgment shall be
reflected by the plaintiff in | 4 | | supplemental proceedings or execution.
| 5 | | (e) If a judgment debtor has filed for protection under the | 6 | | United
States Bankruptcy Code and failed to successfully | 7 | | adjudicate and remove
a lien filed by a judgment creditor, then | 8 | | the judgment may be revived
only as to the property to which a | 9 | | lien attached before the filing of
the bankruptcy action.
| 10 | | (f) A judgment may be revived as to fewer than all judgment
| 11 | | debtors, and such order for revival of judgment shall be final,
| 12 | | appealable, and enforceable.
| 13 | | (g) This Section does not apply to a child support judgment | 14 | | or to a judgment
recovered in an action for damages for an | 15 | | injury described in Section 13-214.1,
which
need not be revived | 16 | | as provided in this Section and which may be enforced at
any | 17 | | time as
provided in Section 12-108.
| 18 | | (h) If a judgment becomes dormant during the pendency of an | 19 | | enforcement proceeding against wages under Part 14 of this | 20 | | Article or under Article XII, the enforcement may continue to | 21 | | conclusion without revival of the underlying judgment so long | 22 | | as the enforcement is done under court supervision and includes | 23 | | a wage deduction order or turn over order and is against an | 24 | | employer, garnishee, or other third party respondent. | 25 | | (Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
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| 1 | | (735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
| 2 | | Sec. 12-108. Limitation on enforcement.
| 3 | | (a) Except as herein provided,
no judgment shall be | 4 | | enforced after the expiration of 7 years from the time
the same | 5 | | is rendered, except upon the revival of the same by a | 6 | | proceeding
provided by Section 2-1601 of this Act; but real | 7 | | estate, levied upon within
the 7 years, may be sold to enforce | 8 | | the judgment at any time within one
year after the expiration | 9 | | of the 7 years. A judgment recovered in an
action for damages | 10 | | for an injury described in Section 13-214.1 may be
enforced at | 11 | | any time.
Child support judgments, including those arising by | 12 | | operation of law, may be
enforced at any time.
| 13 | | (b) No judgment shall be enforced against a police officer | 14 | | employed by
a municipality if the corporate authority of the | 15 | | municipality files with the
clerk of the court in which the | 16 | | judgment was entered a statement certifying:
(1) such police | 17 | | officer was employed by the municipality and was within
the | 18 | | scope and course of his employment at the time of the | 19 | | occurrence giving
rise to the action in which the judgment is | 20 | | entered and (2) the municipality
indemnifies the police officer | 21 | | in the amount of the judgment and interest
thereon. In such | 22 | | event, the judgment creditor may enforce the judgment
against | 23 | | the municipality in the same manner and to the same extent as | 24 | | if
the municipality were the judgment debtor.
| 25 | | (c) If a judgment or a consumer debt judgment becomes | 26 | | dormant during the pendency of an enforcement proceeding |
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| 1 | | against wages under of Part 14 of Article II or Part 8 of | 2 | | Article XII, the enforcement may continue to conclusion if the | 3 | | enforcement is done under court supervision and includes a wage | 4 | | deduction order or turn over order and is against an employer, | 5 | | garnishee, or other third party respondent. | 6 | | (Source: P.A. 90-18, eff. 7-1-97.)
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