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:
 
735 ILCS 5/2-1303  from Ch. 110, par. 2-1303

    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.


LRB101 17962 LNS 67398 b

 

 

A BILL FOR

 

HB4917LRB101 17962 LNS 67398 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing 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
9recovered in any court shall draw interest at the rate of 9%
10per annum from the date of the judgment until satisfied or 6%
11per annum when the judgment debtor is a unit of local
12government, 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
17entering judgment upon the same, and included in the judgment.
18Interest shall be computed and charged only on the unsatisfied
19portion of the judgment as it exists from time to time. The
20judgment debtor may by tender of payment of judgment, costs and
21interest accrued to the date of tender, stop the further
22accrual of interest on such judgment notwithstanding the
23prosecution of an appeal, or other steps to reverse, vacate or

 

 

HB4917- 2 -LRB101 17962 LNS 67398 b

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

 

 

HB4917- 3 -LRB101 17962 LNS 67398 b

1    (4) This subsection applies to all consumer debt judgments
2entered into after the effective date of this amendatory Act of
3the 101st General Assembly.
4(Source: P.A. 101-168, eff. 1-1-20.)