Rep. Will Guzzardi

Filed: 3/28/2019





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2    AMENDMENT NO. ______. Amend House Bill 88 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5changing 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
9Judgments recovered in any court shall draw interest at the
10rate of 9% per annum from the date of the judgment until
11satisfied or 6% per annum when the judgment debtor is a unit of
12local government, as defined in Section 1 of Article VII of the
13Constitution, a school district, a community college district,
14or any other governmental entity. When judgment is entered upon
15any award, report or verdict, interest shall be computed at the
16above rate, from the time when made or rendered to the time of



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1entering judgment upon the same, and included in the judgment.
2Interest shall be computed and charged only on the unsatisfied
3portion of the judgment as it exists from time to time. The
4judgment debtor may by tender of payment of judgment, costs and
5interest accrued to the date of tender, stop the further
6accrual of interest on such judgment notwithstanding the
7prosecution of an appeal, or other steps to reverse, vacate or
8modify the judgment.
9    (b)(1) As used in this Section:
10    "Consumer debt" means money or property, or the equivalent,
11due or owing, or alleged to be due or owing, from a natural
12person by reason of a transaction in which property, services,
13or money is acquired by that natural person primarily for
14personal, family, or household purposes.
15    "Consumer debt judgment" means a judgment recovered in any
16court against one or more natural persons arising out of
17consumer debt. "Consumer debt judgment" does not include any
18compensation for bodily injury or death, nor any judgment
19entered where the debt is guaranteed by or contains a joint and
20several liability provision between a natural person and a
21business, whether or not that business is legally constituted
22under the laws of this State or any other state.
23    (2) Notwithstanding subsection (a), consumer debt
24judgments of $25,000 or less shall draw interest from the date
25of the judgment until satisfied at the rate of 5% per annum.
26    (3) The judgment debtor may, by tender of payment of



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1judgment, costs, and interest accrued to the date of tender,
2stop the further accrual of interest on the consumer debt
3judgment, notwithstanding the prosecution of an appeal, or
4other steps to reverse, vacate, or modify the judgment.
5    (4) This subsection applies to all consumer debt judgments
6entered into after the effective date of this amendatory Act of
7the 101st General Assembly.
8(Source: P.A. 85-907.)
9    (735 ILCS 5/2-1602)
10    Sec. 2-1602. Revival of judgment.
11    (a) Except as provided in subsection (a-5), a A judgment
12may be revived by filing a petition to revive the judgment in
13the seventh year after its entry, or in the seventh year after
14its last revival, or in the twentieth year after its entry, or
15at any other time within 20 years after its entry if the
16judgment becomes dormant and by serving the petition and
17entering a court order for revival as provided in the following
18subsections. The provisions of this amendatory Act of the 96th
19General Assembly are declarative of existing law.
20    (a-5) A consumer debt judgment as defined in subsection (b)
21of Section 2-1303 may be revived by filing a petition to revive
22the consumer debt judgment no later than 10 years after its
23entry and by serving the petition and entering a court order
24for revival as provided in this Section.
25    (b) A petition to revive a judgment shall be filed in the



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1original case in which the judgment was entered. The petition
2shall include a statement as to the original date and amount of
3the judgment, court costs expended, accrued interest, and
4credits to the judgment, if any.
5    (c) Service of notice of the petition to revive a judgment
6shall be made in accordance with Supreme Court Rule 106.
7    (d) An order reviving a judgment shall be for the original
8amount of the judgment. The plaintiff may recover interest and
9court costs from the date of the original judgment. Credits to
10the judgment shall be reflected by the plaintiff in
11supplemental proceedings or execution.
12    (e) If a judgment debtor has filed for protection under the
13United States Bankruptcy Code and failed to successfully
14adjudicate and remove a lien filed by a judgment creditor, then
15the judgment may be revived only as to the property to which a
16lien attached before the filing of the bankruptcy action.
17    (f) A judgment may be revived as to fewer than all judgment
18debtors, and such order for revival of judgment shall be final,
19appealable, and enforceable.
20    (g) This Section does not apply to a child support judgment
21or to a judgment recovered in an action for damages for an
22injury described in Section 13-214.1, which need not be revived
23as provided in this Section and which may be enforced at any
24time as provided in Section 12-108.
25    (h) If a judgment becomes dormant during the pendency of an
26enforcement proceeding against wages under Part 14 of this



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1Article or under Article XII, the enforcement may continue to
2conclusion without revival of the underlying judgment so long
3as the enforcement is done under court supervision and includes
4a wage deduction order or turn over order and is against an
5employer, garnishee, or other third party respondent.
6(Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
7    (735 ILCS 5/12-108)  (from Ch. 110, par. 12-108)
8    Sec. 12-108. Limitation on enforcement.
9    (a) Except as herein provided, no judgment shall be
10enforced after the expiration of 7 years from the time the same
11is rendered, except upon the revival of the same by a
12proceeding provided by Section 2-1601 of this Act; but real
13estate, levied upon within the 7 years, may be sold to enforce
14the judgment at any time within one year after the expiration
15of the 7 years. A judgment recovered in an action for damages
16for an injury described in Section 13-214.1 may be enforced at
17any time. Child support judgments, including those arising by
18operation of law, may be enforced at any time.
19    (b) No judgment shall be enforced against a police officer
20employed by a municipality if the corporate authority of the
21municipality files with the clerk of the court in which the
22judgment was entered a statement certifying: (1) such police
23officer was employed by the municipality and was within the
24scope and course of his employment at the time of the
25occurrence giving rise to the action in which the judgment is



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1entered and (2) the municipality indemnifies the police officer
2in the amount of the judgment and interest thereon. In such
3event, the judgment creditor may enforce the judgment against
4the municipality in the same manner and to the same extent as
5if the municipality were the judgment debtor.
6    (c) If a judgment or a consumer debt judgment becomes
7dormant during the pendency of an enforcement proceeding
8against wages under of Part 14 of Article II or Part 8 of
9Article XII, the enforcement may continue to conclusion if the
10enforcement is done under court supervision and includes a wage
11deduction order or turn over order and is against an employer,
12garnishee, or other third party respondent.
13(Source: P.A. 90-18, eff. 7-1-97.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".