102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0681

 

Introduced 2/8/2021, by Rep. Jeff Keicher

 

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

    Amends the Code of Civil Procedure. Contains a statement of legislative purpose. 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.


LRB102 15483 LNS 20846 b

 

 

A BILL FOR

 

HB0681LRB102 15483 LNS 20846 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 1. Purpose. The purpose of this Act is to clarify
5that the recent changes to the interest rate for consumer debt
6judgments made by Public Act 101-168 did not lower the
7interest rate for arrearages of child support payments, which
8will stay the same to protect the interests of children.
 
9    Section 5. The Code of Civil Procedure is amended by
10changing Section 2-1303 as follows:
 
11    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
12    Sec. 2-1303. Interest on judgment.
13    (a) Except as provided in subsection (b), judgments
14recovered in any court shall draw interest at the rate of 9%
15per annum from the date of the judgment until satisfied or 6%
16per annum when the judgment debtor is a unit of local
17government, as defined in Section 1 of Article VII of the
18Constitution, a school district, a community college district,
19or any other governmental entity. When judgment is entered
20upon any award, report or verdict, interest shall be computed
21at the above rate, from the time when made or rendered to the
22time of entering judgment upon the same, and included in the

 

 

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

 

 

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1judgments of $25,000 or less shall draw interest from the date
2of the judgment until satisfied at the rate of 5% per annum.
3    (3) The judgment debtor may, by tender of payment of
4judgment, costs, and interest accrued to the date of tender,
5stop the further accrual of interest on the consumer debt
6judgment, notwithstanding the prosecution of an appeal, or
7other steps to reverse, vacate, or modify the judgment.
8    (4) This subsection applies to all consumer debt judgments
9entered into after the effective date of this amendatory Act
10of the 101st General Assembly.
11(Source: P.A. 101-168, eff. 1-1-20.)