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92nd General Assembly

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Public Act 92-0817

SB39 Enrolled                                 LRB9201105DJgcA

    AN ACT in relation to civil procedure.

    Be it  enacted  by  the  People  of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5. The Code of  Civil  Procedure  is  amended  by
changing Sections 2-1601 and 12-101 and adding Section 2-1602
as follows:

    (735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601)
    Sec.  2-1601.  Scire  facias  abolished. Any relief which
heretofore might have been obtained by scire  facias  may  be
had  by  employing  a petition filed in the case in which the
original judgment was  entered  in  accordance  with  Section
2-1602, and notice shall be given in accordance with rules.
(Source: P.A. 82-280.)

    (735 ILCS 5/2-1602 new)
    Sec. 2-1602.  Revival of judgment.
    (a)  A  judgment may be revived in the seventh year after
its entry, or in the seventh year after its last revival,  or
at any other time thereafter within 20 years after its entry.
    (b)  A  petition  to  revive a judgment shall be filed in
the original case in which  the  judgment  was  entered.  The
petition  shall  include  a statement as to the original date
and amount of the judgment,  court  costs  expended,  accrued
interest, and credits to the judgment, if any.
    (c)  Service  of  notice  of  the  petition  to  revive a
judgment shall be made in accordance with Supreme Court  Rule
106.
    (d)  An  order  reviving  a  judgment  shall  be  for the
original amount of the judgment. The  plaintiff  may  recover
interest  and  court  costs  from  the  date  of the original
judgment. Credits to the judgment shall be reflected  by  the
plaintiff in supplemental proceedings or execution.
    (e)  If  a judgment debtor has filed for protection under
the United States Bankruptcy Code and failed to  successfully
adjudicate  and  remove  a lien filed by a judgment creditor,
then the judgment may be revived only as to the  property  to
which  a  lien  attached  before the filing of the bankruptcy
action.
    (f)  A judgment may be  revived  as  to  fewer  than  all
judgment  debtors,  and  such  order  for revival of judgment
shall be final, appealable, and enforceable.
    (g)  This Section does  not  apply  to  a  child  support
judgment  or to a judgment recovered in an action for damages
for an injury described in Section 13-214.1, which  need  not
be  revived  as  provided  in  this  Section and which may be
enforced at any time as provided in Section 12-108.

    (735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
    Sec. 12-101.  Lien of  judgment.   With  respect  to  the
creation  of  liens  on  real  estate  by judgments, all real
estate in the State of Illinois is divided into 2 classes.
    The first class consists of all real property, the  title
to which is registered under "An Act concerning land titles",
approved May 1, 1897, as amended.
    The  second  class  consists  of  all  real  property not
registered under "An Act concerning land titles".
    As to real estate in class one, a judgment is a  lien  on
the  real estate of the person against whom it is entered for
the same period as in class two, when Section 85 of  "An  Act
concerning land titles", has been complied with.
    As  to  real estate included within class two, a judgment
is a lien on the real estate of the person against whom it is
entered in any county in this State, including the county  in
which  it  is  entered,  only  from  the  time  a transcript,
certified copy or memorandum of the judgment is filed in  the
office of the recorder in the county in which the real estate
is  located.  The lien may be foreclosed by an action brought
in the name of the  judgment  creditor  or  its  assignee  of
record  under  Article XV in the same manner as a mortgage of
real property, except that the redemption period shall  be  6
months  from  the  date of sale and the real estate homestead
exemption  under  Section  12-901  shall  apply.  A  judgment
resulting from the entry of an order requiring child  support
payments  shall  be a lien upon the real estate of the person
obligated to make the child support payments, but  shall  not
be   enforceable   in  any  county  of  this  State  until  a
transcript, certified copy, or  memorandum  of  the  lien  is
filed  in  the  office of the recorder in the county in which
the real estate is located.  Any lien hereunder  arising  out
of  an  order for support shall be a lien only as to and from
the time that an installment or  payment  is  due  under  the
terms of the order.  Further, the order for support shall not
be  a  lien  on real estate to the extent of payments made as
evidenced by the records of the Clerk of the Circuit Court or
State agency receiving payments pursuant to  the  order.   In
the  event  payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or  a  State  agency,  then
each  lien  imposed  by  this  Section may be released in the
following manner:
         (a)  A Notice of Filing  and  an  affidavit  stating
    that  all  installments  of  child support required to be
    paid pursuant to the order under which the lien or  liens
    were  imposed  have  been  paid  shall  be filed with the
    office of recorder in each county in which each such lien
    appears of record, together with proof of service of such
    notice and affidavit upon the recipient of such payments.
         (b)  Service of such affidavit shall be by any means
    authorized under Sections 2-203 and 2-208 of the Code  of
    Civil  Procedure  or  under  Supreme  Court  Rules  11 or
    105(b).
         (c)  The Notice of Filing shall set forth  the  name
    and  address  of  the  judgment  debtor  and the judgment
    creditor, the court file number of the order giving  rise
    to  the  judgment  and, in capital letters, the following
    statement:
    YOU  ARE  HEREBY  NOTIFIED  THAT  ON  (insert  date)  THE
ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF
.... COUNTY, ILLINOIS, WHOSE ADDRESS IS  ........,  ILLINOIS.
IF,  WITHIN  28  DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO
FILE AN AFFIDAVIT OBJECTING TO  THE  RELEASE  OF  THE  STATED
JUDGMENT  LIEN  OR  LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT
LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER  SUBJECT  TO
FORECLOSURE.   THIS  RELEASE  OF  LIEN  WILL  NOT  ACT  AS  A
SATISFACTION OF SUCH JUDGMENT.
         (d)  If no affidavit objecting to the release of the
    lien  or  liens  is  filed  within  28 days of the Notice
    described in paragraph (c) of this Section such  lien  or
    liens  shall  be  deemed  to  be  released  and no longer
    subject to foreclosure.
    A judgment is not a lien on real estate for longer than 7
years from the time it is  entered  or  revived,  unless  the
judgment  is  revived  within 7 years after its entry or last
revival and a memorandum of  judgment  is  filed  before  the
expiration of the prior memorandum of judgment.
    When  a  judgment  is  revived  it  is a lien on the real
estate of the person against  whom  it  was  entered  in  any
county  in  this  State from the time a transcript, certified
copy or memorandum of the order of revival is  filed  in  the
office of the recorder in the county in which the real estate
is located.
    A foreign judgment registered pursuant to Sections 12-601
through  12-618 of this Act is a lien upon the real estate of
the person against whom it was entered only from the time (1)
a certified copy of the verified petition for registration of
the foreign judgment or (2) a transcript, certified  copy  or
memorandum  of  the final judgment of the court of this State
entered on that foreign judgment is filed in  the  office  of
the  recorder  in  the  county  in  which  the real estate is
located. However, no such judgment shall be  a  lien  on  any
real estate registered under "An Act concerning land titles",
as  amended,  until  Section 85 of that Act has been complied
with.
    The  release  of  any  transcript,  certified   copy   or
memorandum  of  judgment  or  order of revival which has been
recorded shall be filed by the person receiving  the  release
in the office of the recorder in which such judgment or order
has been recorded.
    Such release shall contain in legible letters a statement
as follows:
    FOR  THE  PROTECTION  OF THE OWNER, THIS RELEASE SHALL BE
     FILED WITH THE  RECORDER  OR  THE  REGISTRAR  OF  TITLES
        IN WHOSE OFFICE THE LIEN WAS FILED.
    The  term  "memorandum"  as  used in this Section means a
memorandum or copy of the judgment signed by  a  judge  or  a
copy  attested  by  the  clerk  of  the court entering it and
showing the court in which entered, date, amount,  number  of
the  case in which it was entered, name of the party in whose
favor and name and last known address of  the  party  against
whom  entered.   If the address of the party against whom the
judgment was entered is not known, the memorandum or copy  of
judgment shall so state.
    The  term "memorandum" as used in this Section also means
a memorandum or copy of a child support  order  signed  by  a
judge  or  a copy attested by the clerk of the court entering
it or a copy attested by the administrative body entering it.
    This  Section  shall  not  be  construed  as  showing  an
intention of the legislature to create a  new  classification
of  real  estate,  but  shall  be  construed  as  showing  an
intention  of  the  legislature  to continue a classification
already existing.
(Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)

    Section 99. Effective date.  This Act takes  effect  upon
becoming law.
    Passed in the General Assembly May 31, 2002.
    Approved August 21, 2002.
    Effective August 21, 2002.

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