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92_SB0039enr SB39 Enrolled LRB9201105DJgcA 1 AN ACT in relation to civil procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 changing Sections 2-1601 and 12-101 and adding Section 2-1602 6 as follows: 7 (735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601) 8 Sec. 2-1601. Scire facias abolished. Any relief which 9 heretofore might have been obtained by scire facias may be 10 had by employing a petition filed in the case in which the 11 original judgment was entered in accordance with Section 12 2-1602, and notice shall be given in accordance with rules. 13 (Source: P.A. 82-280.) 14 (735 ILCS 5/2-1602 new) 15 Sec. 2-1602. Revival of judgment. 16 (a) A judgment may be revived in the seventh year after 17 its entry, or in the seventh year after its last revival, or 18 at any other time thereafter within 20 years after its entry. 19 (b) A petition to revive a judgment shall be filed in 20 the original case in which the judgment was entered. The 21 petition shall include a statement as to the original date 22 and amount of the judgment, court costs expended, accrued 23 interest, and credits to the judgment, if any. 24 (c) Service of notice of the petition to revive a 25 judgment shall be made in accordance with Supreme Court Rule 26 106. 27 (d) An order reviving a judgment shall be for the 28 original amount of the judgment. The plaintiff may recover 29 interest and court costs from the date of the original 30 judgment. Credits to the judgment shall be reflected by the SB39 Enrolled -2- LRB9201105DJgcA 1 plaintiff in supplemental proceedings or execution. 2 (e) If a judgment debtor has filed for protection under 3 the United States Bankruptcy Code and failed to successfully 4 adjudicate and remove a lien filed by a judgment creditor, 5 then the judgment may be revived only as to the property to 6 which a lien attached before the filing of the bankruptcy 7 action. 8 (f) A judgment may be revived as to fewer than all 9 judgment debtors, and such order for revival of judgment 10 shall be final, appealable, and enforceable. 11 (g) This Section does not apply to a child support 12 judgment or to a judgment recovered in an action for damages 13 for an injury described in Section 13-214.1, which need not 14 be revived as provided in this Section and which may be 15 enforced at any time as provided in Section 12-108. 16 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101) 17 Sec. 12-101. Lien of judgment. With respect to the 18 creation of liens on real estate by judgments, all real 19 estate in the State of Illinois is divided into 2 classes. 20 The first class consists of all real property, the title 21 to which is registered under "An Act concerning land titles", 22 approved May 1, 1897, as amended. 23 The second class consists of all real property not 24 registered under "An Act concerning land titles". 25 As to real estate in class one, a judgment is a lien on 26 the real estate of the person against whom it is entered for 27 the same period as in class two, when Section 85 of "An Act 28 concerning land titles", has been complied with. 29 As to real estate included within class two, a judgment 30 is a lien on the real estate of the person against whom it is 31 entered in any county in this State, including the county in 32 which it is entered, only from the time a transcript, 33 certified copy or memorandum of the judgment is filed in the SB39 Enrolled -3- LRB9201105DJgcA 1 office of the recorder in the county in which the real estate 2 is located. The lien may be foreclosed by an action brought 3 in the name of the judgment creditor or its assignee of 4 record under Article XV in the same manner as a mortgage of 5 real property, except that the redemption period shall be 6 6 months from the date of sale and the real estate homestead 7 exemption under Section 12-901 shall apply. A judgment 8 resulting from the entry of an order requiring child support 9 payments shall be a lien upon the real estate of the person 10 obligated to make the child support payments, but shall not 11 be enforceable in any county of this State until a 12 transcript, certified copy, or memorandum of the lien is 13 filed in the office of the recorder in the county in which 14 the real estate is located. Any lien hereunder arising out 15 of an order for support shall be a lien only as to and from 16 the time that an installment or payment is due under the 17 terms of the order. Further, the order for support shall not 18 be a lien on real estate to the extent of payments made as 19 evidenced by the records of the Clerk of the Circuit Court or 20 State agency receiving payments pursuant to the order. In 21 the event payments made pursuant to that order are not paid 22 to the Clerk of the Circuit Court or a State agency, then 23 each lien imposed by this Section may be released in the 24 following manner: 25 (a) A Notice of Filing and an affidavit stating 26 that all installments of child support required to be 27 paid pursuant to the order under which the lien or liens 28 were imposed have been paid shall be filed with the 29 office of recorder in each county in which each such lien 30 appears of record, together with proof of service of such 31 notice and affidavit upon the recipient of such payments. 32 (b) Service of such affidavit shall be by any means 33 authorized under Sections 2-203 and 2-208 of the Code of 34 Civil Procedure or under Supreme Court Rules 11 or SB39 Enrolled -4- LRB9201105DJgcA 1 105(b). 2 (c) The Notice of Filing shall set forth the name 3 and address of the judgment debtor and the judgment 4 creditor, the court file number of the order giving rise 5 to the judgment and, in capital letters, the following 6 statement: 7 YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE 8 ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF 9 .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS. 10 IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO 11 FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED 12 JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT 13 LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO 14 FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A 15 SATISFACTION OF SUCH JUDGMENT. 16 (d) If no affidavit objecting to the release of the 17 lien or liens is filed within 28 days of the Notice 18 described in paragraph (c) of this Section such lien or 19 liens shall be deemed to be released and no longer 20 subject to foreclosure. 21 A judgment is not a lien on real estate for longer than 7 22 years from the time it is entered or revived, unless the 23 judgment is revived within 7 years after its entry or last 24 revival and a memorandum of judgment is filed before the 25 expiration of the prior memorandum of judgment. 26 When a judgment is revived it is a lien on the real 27 estate of the person against whom it was entered in any 28 county in this State from the time a transcript, certified 29 copy or memorandum of the order of revival is filed in the 30 office of the recorder in the county in which the real estate 31 is located. 32 A foreign judgment registered pursuant to Sections 12-601 33 through 12-618 of this Act is a lien upon the real estate of 34 the person against whom it was entered only from the time (1) SB39 Enrolled -5- LRB9201105DJgcA 1 a certified copy of the verified petition for registration of 2 the foreign judgment or (2) a transcript, certified copy or 3 memorandum of the final judgment of the court of this State 4 entered on that foreign judgment is filed in the office of 5 the recorder in the county in which the real estate is 6 located. However, no such judgment shall be a lien on any 7 real estate registered under "An Act concerning land titles", 8 as amended, until Section 85 of that Act has been complied 9 with. 10 The release of any transcript, certified copy or 11 memorandum of judgment or order of revival which has been 12 recorded shall be filed by the person receiving the release 13 in the office of the recorder in which such judgment or order 14 has been recorded. 15 Such release shall contain in legible letters a statement 16 as follows: 17 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE 18 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES 19 IN WHOSE OFFICE THE LIEN WAS FILED. 20 The term "memorandum" as used in this Section means a 21 memorandum or copy of the judgment signed by a judge or a 22 copy attested by the clerk of the court entering it and 23 showing the court in which entered, date, amount, number of 24 the case in which it was entered, name of the party in whose 25 favor and name and last known address of the party against 26 whom entered. If the address of the party against whom the 27 judgment was entered is not known, the memorandum or copy of 28 judgment shall so state. 29 The term "memorandum" as used in this Section also means 30 a memorandum or copy of a child support order signed by a 31 judge or a copy attested by the clerk of the court entering 32 it or a copy attested by the administrative body entering it. 33 This Section shall not be construed as showing an 34 intention of the legislature to create a new classification SB39 Enrolled -6- LRB9201105DJgcA 1 of real estate, but shall be construed as showing an 2 intention of the legislature to continue a classification 3 already existing. 4 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.