Public Act 099-0753
 
SB3166 EnrolledLRB099 17233 HEP 45360 b

    AN ACT concerning civil law.
 
    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 Section 9-117 as follows:
 
    (735 ILCS 5/9-117)  (from Ch. 110, par. 9-117)
    Sec. 9-117. Expiration of Judgment. No judgment for
possession obtained in an action brought under this Article may
be enforced more than 120 days after judgment is entered,
unless upon motion by the plaintiff the court grants an
extension of the period of enforcement of the judgment.
Plaintiff's notice of motion shall contain the following notice
directed to the defendant:
        "The plaintiff in this case Your landlord, (insert
    name), obtained an eviction judgment against you on (insert
    date), but the sheriff did not evict you within the 120
    days that the plaintiff landlord has to evict after a
    judgment in court. On the date stated in this notice, the
    plaintiff your landlord will be asking the court to allow
    the sheriff to evict you based on that judgment. You must
    attend the court hearing if you want the court to stop the
    plaintiff landlord from having you evicted. To prevent the
    eviction, you must be able to prove that (1) the plaintiff
    landlord and you made an agreement after the judgment (for
    instance, to pay up back rent or to comply with the lease)
    and you have lived up to the agreement; or (2) the reason
    the plaintiff landlord brought the original eviction case
    has been resolved or forgiven, and the eviction the
    plaintiff landlord now wants the court to grant is based on
    a new or different reason; or (3) that you have another
    legal or equitable reason why the court should not grant
    the plaintiff's landlord's request for your eviction."
    The court shall grant the motion for the extension of the
judgment of possession unless the defendant establishes that
the tenancy has been reinstated, that the breach upon which the
judgment was issued has been cured or waived, that the
plaintiff and defendant entered into a post-judgment agreement
whose terms the defendant has performed, or that other legal or
equitable grounds exist that bar enforcement of the judgment.
This Section does not apply to any action based upon a breach
of a contract entered into on or after July 1, 1962, for the
purchase of premises in which the court has entered a stay
under Section 9-110; nor shall this Section apply to any action
to which the provisions of Section 9-111 apply; nor shall this
Section affect the rights of Boards of Managers under Section
9-104.2.
(Source: P.A. 96-60, eff. 7-23-09.)