State of Illinois
2017 and 2018


Introduced , by Rep. Will Guzzardi


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 its 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.

LRB100 20525 HEP 35910 b





HB5483LRB100 20525 HEP 35910 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 Sections 2-1602 and 12-108 as follows:
6    (735 ILCS 5/2-1602)
7    Sec. 2-1602. Revival of judgment.
8    (a) A judgment may be revived by filing a petition to
9revive the judgment in the fifth seventh year after its entry,
10or in the seventh year after its last revival, or in the
11twentieth year after its entry, or at any other time within 20
12years after its entry if the judgment becomes dormant and by
13serving the petition and entering a court order for revival as
14provided in the following subsections. The provisions of this
15amendatory Act of the 96th General Assembly (Public Act 96-305)
16are declarative of existing law.
17    (b) A petition to revive a judgment shall be filed in the
18original case in which the judgment was entered. The petition
19shall include a statement as to the original date and amount of
20the judgment, court costs expended, accrued interest, and
21credits to the judgment, if any.
22    (c) Service of notice of the petition to revive a judgment
23shall be made in accordance with Supreme Court Rule 106.



HB5483- 2 -LRB100 20525 HEP 35910 b

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



HB5483- 3 -LRB100 20525 HEP 35910 b

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 5 7 years from the time the
5same is 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 5 7 years, may be sold to
8enforce the judgment at any time within one year after the
9expiration of the 5 7 years. A judgment recovered in an action
10for damages for an injury described in Section 13-214.1 may be
11enforced at any time. Child support judgments, including those
12arising by operation 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(Source: P.A. 90-18, eff. 7-1-97.)



HB5483- 4 -LRB100 20525 HEP 35910 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.