Full Text of HB4917 101st General Assembly
HB4917 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4917 Introduced 2/18/2020, by Rep. Margo McDermed - Kelly M. Burke - Ann M. Williams SYNOPSIS AS INTRODUCED: |
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735 ILCS 5/2-1303 | from Ch. 110, par. 2-1303 |
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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.
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| | A BILL FOR |
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| | | HB4917 | | LRB101 17962 LNS 67398 b |
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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 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 | 9 | | recovered in
any court shall draw interest at the rate of 9% | 10 | | per annum from the date
of the judgment until satisfied or 6% | 11 | | per annum when the judgment debtor is a unit
of local | 12 | | 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 |
| | | HB4917 | - 2 - | LRB101 17962 LNS 67398 b |
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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. "Consumer debt" does | 8 | | not include any money due or owing, or alleged to be due or | 9 | | owing, from a natural person for an arrearage of child support. | 10 | | "Consumer debt judgment" means a judgment recovered in any | 11 | | court against one or more natural persons arising out of | 12 | | consumer debt. "Consumer debt judgment" does not include any | 13 | | compensation for bodily injury or death, nor any judgment | 14 | | entered where the debt is guaranteed by or contains a joint and | 15 | | several liability provision between a natural person and a | 16 | | business, whether or not that business is legally constituted | 17 | | under the laws of this State or any other state , or any | 18 | | judgment entered for an arrearage of child support . | 19 | | (2) Notwithstanding subsection (a), consumer debt | 20 | | judgments of $25,000 or less shall draw interest from the date | 21 | | of the judgment until satisfied at the rate of 5% per annum. | 22 | | (3) The judgment debtor may, by tender of payment of | 23 | | judgment, costs, and interest accrued to the date of tender, | 24 | | stop the further accrual of interest on the consumer debt | 25 | | judgment, notwithstanding the prosecution of an appeal, or | 26 | | other steps to reverse, vacate, or modify the judgment. |
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| 1 | | (4) This subsection applies to all consumer debt judgments | 2 | | entered into after the effective date of this amendatory Act of | 3 | | the 101st General Assembly. | 4 | | (Source: P.A. 101-168, eff. 1-1-20 .)
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