Full Text of SB2845 99th General Assembly
SB2845enr 99TH 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 2-1602, 4-107, and 12-183 and by adding | 6 | | Section 5-127 as follows:
| 7 | | (735 ILCS 5/2-1602)
| 8 | | Sec. 2-1602. Revival of judgment.
| 9 | | (a) A judgment may be revived by filing a petition to | 10 | | revive the judgment in the seventh year after its
entry, or in | 11 | | the seventh year after its last revival, or in the twentieth | 12 | | year after its entry, or at any other
time within 20 years | 13 | | after its entry if the judgment becomes dormant and by serving | 14 | | the petition and entering a court order for revival as provided | 15 | | in the following subsections . The provisions of this amendatory | 16 | | Act of the 96th General Assembly are declarative of existing | 17 | | law.
| 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 |
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| 1 | | shall
be made in accordance with Supreme Court Rule 106.
| 2 | | (d) An order reviving a judgment shall be for the original | 3 | | amount
of the judgment. The plaintiff may recover interest and | 4 | | court costs from
the date of the original judgment. Credits to | 5 | | the judgment shall be
reflected by the plaintiff in | 6 | | supplemental proceedings or execution.
| 7 | | (e) If a judgment debtor has filed for protection under the | 8 | | United
States Bankruptcy Code and failed to successfully | 9 | | adjudicate and remove
a lien filed by a judgment creditor, then | 10 | | the judgment may be revived
only as to the property to which a | 11 | | lien attached before the filing of
the bankruptcy action.
| 12 | | (f) A judgment may be revived as to fewer than all judgment
| 13 | | debtors, and such order for revival of judgment shall be final,
| 14 | | appealable, and enforceable.
| 15 | | (g) This Section does not apply to a child support judgment | 16 | | or to a judgment
recovered in an action for damages for an | 17 | | injury described in Section 13-214.1,
which
need not be revived | 18 | | as provided in this Section and which may be enforced at
any | 19 | | time as
provided in Section 12-108.
| 20 | | (h) If a judgment becomes dormant during the pendency of an | 21 | | enforcement proceeding against wages under Part 14 of this | 22 | | Article or under Article XII, the enforcement may continue to | 23 | | conclusion without revival of the underlying judgment so long | 24 | | as the enforcement is done under court supervision and includes | 25 | | a wage deduction order or turn over order and is against an | 26 | | employer, garnishee, or other third party respondent. |
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| 1 | | (Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
| 2 | | (735 ILCS 5/4-107) (from Ch. 110, par. 4-107)
| 3 | | Sec. 4-107. Bond. After Before the entry of an order for
| 4 | | attachment, as hereinabove stated, the court shall
take bond | 5 | | and sufficient security, payable to the People of the State of
| 6 | | Illinois, for the use of the person or persons interested in | 7 | | the
property attached, in double the sum sworn to be due, | 8 | | conditioned for
satisfying all costs which may be awarded to | 9 | | such defendant, or to any
others interested in the proceedings, | 10 | | and all damages and costs which
shall be recovered against the | 11 | | plaintiff, for wrongfully obtaining the
attachment order, | 12 | | which bond, with affidavit of the party complaining, or
his, | 13 | | her or its
agent or attorney, shall be filed in the court | 14 | | entering
the order for attachment. Every order for attachment | 15 | | entered
without a bond and affidavit
taken, is hereby declared | 16 | | illegal and void, and shall be dismissed.
Nothing herein | 17 | | contained shall be construed to
require the State of Illinois, | 18 | | or any Department of Government thereof,
or any State officer, | 19 | | to file a bond as plaintiff in any proceeding
instituted under | 20 | | Part 1 of Article IV of this Act.
| 21 | | (Source: P.A. 83-707.)
| 22 | | (735 ILCS 5/5-127 new) | 23 | | Sec. 5-127. Charges relating to electronic filing. All | 24 | | charges relating to the electronic filing of cases and |
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| 1 | | pleadings, imposed by the court, clerk of the court, county, or | 2 | | a person with whom the court, clerk, or county may contract, | 3 | | are taxable as court costs.
| 4 | | (735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
| 5 | | Sec. 12-183. Release of judgment.
| 6 | | (a) Every judgment creditor, his or
her assignee of record | 7 | | or other legal representative having received full
| 8 | | satisfaction or payment of all such sums of money as are really | 9 | | due to him
or her from the judgment debtor on any judgment | 10 | | rendered in a court shall,
at the request of the judgment | 11 | | debtor or his or her legal representative,
execute and deliver | 12 | | to the judgment debtor or his or her legal representative
an | 13 | | instrument in writing releasing such judgment.
| 14 | | (b) If the judgment creditor, his or her assigns of record | 15 | | or other legal
representative to whom tender has been made of | 16 | | all sums of money due him
or her from the judgment debtor | 17 | | including interest, on any judgment entered
by a court, | 18 | | wilfully fails or refuses, at the request of the judgment | 19 | | debtor
or his or her legal representative to execute and | 20 | | deliver to the judgment
debtor or his or her legal | 21 | | representative an instrument in writing releasing
such | 22 | | judgment, the judgment debtor may petition the court in which | 23 | | such
judgment is of record, making tender therewith to the | 24 | | court of all sums
due in principal and interest on such | 25 | | judgment, for the use of the
judgment creditor, his or her |
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| 1 | | executors, administrators or assigns, whereupon
the court | 2 | | shall enter an order satisfying the judgment and releasing all
| 3 | | liens based on such judgment.
| 4 | | (c) For the recording of assignment of any judgment the | 5 | | clerk of the
court in which such judgment is of record is | 6 | | allowed a fee of $2.
| 7 | | (d) A satisfaction of a judgment may be delivered to the | 8 | | judgment debtor,
his or her attorney or to the clerk of the | 9 | | court in which such judgment is of
record.
| 10 | | (e) The clerk shall not be allowed any fee for recording | 11 | | the satisfaction
of judgment. The clerk of the court shall make | 12 | | appropriate notation on the
judgment docket of the book and | 13 | | page where any release or assignment of
any judgment is | 14 | | recorded.
| 15 | | (f) No judgment shall be released of record except by an | 16 | | instrument in
writing recorded in the court in which such | 17 | | judgment is of record. However,
nothing contained in this | 18 | | Section affects in any manner the validity of
any release of | 19 | | judgment made, prior to January 1, 1952, in judgment and
| 20 | | execution dockets by the judgment creditor, his or her | 21 | | attorney, assignee
or other legal representative.
| 22 | | (g) The writ of audita querela is abolished and all relief | 23 | | heretofore
obtainable and grounds for such relief heretofore | 24 | | available, whether by the
writ of audita querela or otherwise, | 25 | | shall be available in every case by
petition hereunder, | 26 | | regardless of the nature of the order or judgment from
which |
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| 1 | | relief is sought or of the proceeding in which it was entered. | 2 | | There
shall be no distinction between actions and other | 3 | | proceedings, statutory or
otherwise, as to availability of | 4 | | relief, grounds for relief or relief
obtainable. The petition | 5 | | shall be filed in the same proceeding in which the
order or | 6 | | judgment was entered and shall be supported by affidavit or | 7 | | other
appropriate showing as to matters not of record. All | 8 | | parties to the
petition shall be notified as provided by rule.
| 9 | | (h) Upon the filing of a release or satisfaction in full | 10 | | satisfaction
of judgment, signed by the party in whose favor | 11 | | the judgment was entered
or his or her attorney, the court may | 12 | | shall vacate the judgment, and dismiss
the action.
| 13 | | (i) Any judgment arising out of an order for support shall | 14 | | not be a
judgment to the extent of payments made as evidenced | 15 | | by the records of the
Clerk of the Circuit Court or State | 16 | | agency receiving payments pursuant to
the order. In the event | 17 | | payments made pursuant to that order are not paid
to the Clerk | 18 | | of the Circuit Court or a State agency, then any judgment
| 19 | | arising out of each order for support may be released in the | 20 | | following manner:
| 21 | | (1) A Notice of Filing and an affidavit stating that | 22 | | all installments
of child support required to be paid | 23 | | pursuant to the order under which the
judgment or judgments | 24 | | were entered have been paid shall be filed with the
office | 25 | | of the court or agency entering said order for support, | 26 | | together
with proof of service of such notice and affidavit |
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| 1 | | upon the recipient of such
payments.
| 2 | | (2) Service of such affidavit shall be by any means | 3 | | authorized under
Sections 2-203 and 2-208 of the Code of | 4 | | Civil Procedure or under Supreme
Court Rules 11 or 105(b).
| 5 | | (3) The Notice of Filing shall set forth the name and | 6 | | address of the
judgment debtor and the judgment creditor, | 7 | | the court file number of the order
giving rise to the | 8 | | judgment and, in capital letters, the following statement:
| 9 | | YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
| 10 | | ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK OF | 11 | | THE CIRCUIT COURT
OF ....
COUNTY, ILLINOIS, WHOSE ADDRESS | 12 | | IS ........, ILLINOIS. IF, WITHIN 28 DAYS
OF THE DATE OF | 13 | | THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
| 14 | | SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE | 15 | | ABOVE OFFICE, THE
SAID JUDGMENTS WILL BE DEEMED TO BE | 16 | | SATISFIED AND NOT ENFORCEABLE. THE
SATISFACTION WILL NOT | 17 | | PREVENT YOU FROM ENFORCING THE ORDER FOR SUPPORT THROUGH
| 18 | | THE COURT.
| 19 | | (4) If no affidavit objecting to the satisfaction of | 20 | | the judgment or
judgments is filed within 28 days of the | 21 | | Notice described in paragraph (3)
of this subsection (i), | 22 | | such judgment or judgments shall be deemed to be
satisfied | 23 | | and not enforceable.
| 24 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 25 | | (735 ILCS 5/12-170 rep.)
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| 1 | | (735 ILCS 5/12-171 rep.)
| 2 | | (735 ILCS 5/12-172 rep.)
| 3 | | (735 ILCS 5/12-173 rep.)
| 4 | | (735 ILCS 5/12-174 rep.)
| 5 | | (735 ILCS 5/12-175 rep.)
| 6 | | Section 10. The Code of Civil Procedure is amended by | 7 | | repealing Sections 12-170, 12-171, 12-172, 12-173, 12-174, and | 8 | | 12-175.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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