Full Text of HB5483 100th General Assembly
HB5483 100TH GENERAL ASSEMBLY
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Will Guzzardi
SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1602
735 ILCS 5/12-108
from Ch. 110, par. 12-108
Amends the Code of Civil Procedure. Provides that a judgment may be
revived by filing a petition to revive the judgment in the fifth year after
entry (instead of the seventh year after its entry, or in the seventh
year after its last revival, or in the twentieth year after its entry, or
at any other
time within 20 years after its entry if the judgment becomes
dormant. Changes the limitations period for the enforcement of certain
judgments from 7 to 5 years. Effective immediately.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by
changing Sections 2-1602 and 12-108 as follows:
(735 ILCS 5/2-1602)
Revival of judgment.
(a) A judgment may be revived by filing a petition to
revive the judgment in the
year after its
or in the seventh year after its last revival, or in the
twentieth year after its entry, or at any other
time within 20
years after its entry if the judgment becomes dormant
serving the petition and entering a court order for revival as
provided in the following subsections. The provisions of this
amendatory Act of the 96th General Assembly
(Public Act 96-305)
are declarative of existing law.
(b) A petition to revive a judgment shall be filed in the
case in which the judgment was entered. The petition
shall include a
statement as to the original date and amount of
the judgment, court
costs expended, accrued interest, and
credits to the judgment, if any.
(c) Service of notice of the petition to revive a judgment
be made in accordance with Supreme Court Rule 106.
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(d) An order reviving a judgment shall be for the original
of the judgment. The plaintiff may recover interest and
court costs from
the date of the original judgment. Credits to
the judgment shall be
reflected by the plaintiff in
supplemental proceedings or execution.
(e) If a judgment debtor has filed for protection under the
States Bankruptcy Code and failed to successfully
adjudicate and remove
a lien filed by a judgment creditor, then
the judgment may be revived
only as to the property to which a
lien attached before the filing of
the bankruptcy action.
(f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be final,
appealable, and enforceable.
(g) This Section does not apply to a child support judgment
or to a judgment
recovered in an action for damages for an
injury described in Section 13-214.1,
need not be revived
as provided in this Section and which may be enforced at
provided in Section 12-108.
(h) If a judgment becomes dormant during the pendency of an
enforcement proceeding against wages under Part 14 of this
Article or under Article XII, the enforcement may continue to
conclusion without revival of the underlying judgment so long
as the enforcement is done under court supervision and includes
a wage deduction order or turn over order and is against an
employer, garnishee, or other third party respondent.
(Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-108)
(from Ch. 110, par. 12-108)
Limitation on enforcement.
(a) Except as herein provided,
no judgment shall be
enforced after the expiration of
years from the time
same is rendered, except upon the revival of the same by a
provided by Section 2-1601 of this Act; but real
estate, levied upon within
years, may be sold to
enforce the judgment at any time within one
year after the
expiration of the
years. A judgment recovered in an
for damages for an injury described in Section 13-214.1 may be
enforced at any time.
Child support judgments, including those
arising by operation of law, may be
enforced at any time.
(b) No judgment shall be enforced against a police officer
a municipality if the corporate authority of the
municipality files with the
clerk of the court in which the
judgment was entered a statement certifying:
(1) such police
officer was employed by the municipality and was within
scope and course of his employment at the time of the
rise to the action in which the judgment is
entered and (2) the municipality
indemnifies the police officer
in the amount of the judgment and interest
thereon. In such
event, the judgment creditor may enforce the judgment
the municipality in the same manner and to the same extent as
the municipality were the judgment debtor.
(Source: P.A. 90-18, eff. 7-1-97.)
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This Act takes effect upon