Illinois General Assembly - Full Text of HB0088
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Full Text of HB0088  101st General Assembly



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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 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
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



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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.
8    "Consumer debt judgment" means a judgment recovered in any
9court against one or more natural persons arising out of
10consumer debt. "Consumer debt judgment" does not include any
11compensation for bodily injury or death, nor any judgment
12entered where the debt is guaranteed by or contains a joint and
13several liability provision between a natural person and a
14business, whether or not that business is legally constituted
15under the laws of this State or any other state.
16    (2) Notwithstanding subsection (a), consumer debt
17judgments of $25,000 or less shall draw interest from the date
18of the judgment until satisfied at the rate of 5% per annum.
19    (3) The judgment debtor may, by tender of payment of
20judgment, costs, and interest accrued to the date of tender,
21stop the further accrual of interest on the consumer debt
22judgment, notwithstanding the prosecution of an appeal, or
23other steps to reverse, vacate, or modify the judgment.
24    (4) This subsection applies to all consumer debt judgments
25entered into after the effective date of this amendatory Act of
26the 101st General Assembly.



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1(Source: P.A. 85-907.)
2    (735 ILCS 5/2-1602)
3    Sec. 2-1602. Revival of judgment.
4    (a) Except as provided in subsection (a-5), a A judgment
5may be revived by filing a petition to revive the judgment in
6the seventh year after its entry, or in the seventh year after
7its last revival, or in the twentieth year after its entry, or
8at any other time within 20 years after its entry if the
9judgment becomes dormant and by serving the petition and
10entering a court order for revival as provided in the following
11subsections. The provisions of this amendatory Act of the 96th
12General Assembly are declarative of existing law.
13    (a-5) A consumer debt judgment as defined in subsection (b)
14of Section 2-1303 may be revived by filing a petition to revive
15the consumer debt judgment no later than 10 years after its
16entry and by serving the petition and entering a court order
17for revival as provided in this Section.
18    (b) A petition to revive a judgment shall be filed in the
19original case in which the judgment was entered. The petition
20shall include a statement as to the original date and amount of
21the judgment, court costs expended, accrued interest, and
22credits to the judgment, if any.
23    (c) Service of notice of the petition to revive a judgment
24shall be made in accordance with Supreme Court Rule 106.
25    (d) An order reviving a judgment shall be for the original



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1amount of the judgment. The plaintiff may recover interest and
2court costs from the date of the original judgment. Credits to
3the judgment shall be reflected by the plaintiff in
4supplemental proceedings or execution.
5    (e) If a judgment debtor has filed for protection under the
6United States Bankruptcy Code and failed to successfully
7adjudicate and remove a lien filed by a judgment creditor, then
8the judgment may be revived only as to the property to which a
9lien attached before the filing of the bankruptcy action.
10    (f) A judgment may be revived as to fewer than all judgment
11debtors, and such order for revival of judgment shall be final,
12appealable, and enforceable.
13    (g) This Section does not apply to a child support judgment
14or to a judgment recovered in an action for damages for an
15injury described in Section 13-214.1, which need not be revived
16as provided in this Section and which may be enforced at any
17time as provided in Section 12-108.
18    (h) If a judgment becomes dormant during the pendency of an
19enforcement proceeding against wages under Part 14 of this
20Article or under Article XII, the enforcement may continue to
21conclusion without revival of the underlying judgment so long
22as the enforcement is done under court supervision and includes
23a wage deduction order or turn over order and is against an
24employer, garnishee, or other third party respondent.
25(Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)



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1    (735 ILCS 5/12-108)  (from Ch. 110, par. 12-108)
2    Sec. 12-108. Limitation on enforcement.
3    (a) Except as herein provided, no judgment shall be
4enforced after the expiration of 7 years from the time the same
5is rendered, except upon the revival of the same by a
6proceeding provided by Section 2-1601 of this Act; but real
7estate, levied upon within the 7 years, may be sold to enforce
8the judgment at any time within one year after the expiration
9of the 7 years. A judgment recovered in an action for damages
10for an injury described in Section 13-214.1 may be enforced at
11any time. Child support judgments, including those arising by
12operation of law, may be enforced at any time.
13    (b) No judgment shall be enforced against a police officer
14employed by a municipality if the corporate authority of the
15municipality files with the clerk of the court in which the
16judgment was entered a statement certifying: (1) such police
17officer was employed by the municipality and was within the
18scope and course of his employment at the time of the
19occurrence giving rise to the action in which the judgment is
20entered and (2) the municipality indemnifies the police officer
21in the amount of the judgment and interest thereon. In such
22event, the judgment creditor may enforce the judgment against
23the municipality in the same manner and to the same extent as
24if the municipality were the judgment debtor.
25    (c) If a judgment or a consumer debt judgment becomes
26dormant during the pendency of an enforcement proceeding



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1against wages under of Part 14 of Article II or Part 8 of
2Article XII, the enforcement may continue to conclusion if the
3enforcement is done under court supervision and includes a wage
4deduction order or turn over order and is against an employer,
5garnishee, or other third party respondent.
6(Source: P.A. 90-18, eff. 7-1-97.)