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Public Act 101-0168


 

Public Act 0168 101ST GENERAL ASSEMBLY



 


 
Public Act 101-0168
 
HB0088 EnrolledLRB101 02945 LNS 47953 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1303, 2-1602, and 12-108 as follows:
 
    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
    Sec. 2-1303. Interest on judgment.
    (a) Except as provided in subsection (b), judgments
Judgments recovered in any court shall draw interest at the
rate of 9% per annum from the date of the judgment until
satisfied or 6% per annum when the judgment debtor is a unit of
local government, as defined in Section 1 of Article VII of the
Constitution, a school district, a community college district,
or any other governmental entity. When judgment is entered upon
any award, report or verdict, interest shall be computed at the
above rate, from the time when made or rendered to the time of
entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied
portion of the judgment as it exists from time to time. The
judgment debtor may by tender of payment of judgment, costs and
interest accrued to the date of tender, stop the further
accrual of interest on such judgment notwithstanding the
prosecution of an appeal, or other steps to reverse, vacate or
modify the judgment.
    (b)(1) As used in this Section:
    "Consumer debt" means money or property, or the equivalent,
due or owing, or alleged to be due or owing, from a natural
person by reason of a transaction in which property, services,
or money is acquired by that natural person primarily for
personal, family, or household purposes.
    "Consumer debt judgment" means a judgment recovered in any
court against one or more natural persons arising out of
consumer debt. "Consumer debt judgment" does not include any
compensation for bodily injury or death, nor any judgment
entered where the debt is guaranteed by or contains a joint and
several liability provision between a natural person and a
business, whether or not that business is legally constituted
under the laws of this State or any other state.
    (2) Notwithstanding subsection (a), consumer debt
judgments of $25,000 or less shall draw interest from the date
of the judgment until satisfied at the rate of 5% per annum.
    (3) The judgment debtor may, by tender of payment of
judgment, costs, and interest accrued to the date of tender,
stop the further accrual of interest on the consumer debt
judgment, notwithstanding the prosecution of an appeal, or
other steps to reverse, vacate, or modify the judgment.
    (4) This subsection applies to all consumer debt judgments
entered into after the effective date of this amendatory Act of
the 101st General Assembly.
(Source: P.A. 85-907.)
 
    (735 ILCS 5/2-1602)
    Sec. 2-1602. Revival of judgment.
    (a) Except as provided in subsection (a-5), a A judgment
may be revived by filing a petition to revive the judgment in
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 and by 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 are declarative of existing law.
    (a-5) A consumer debt judgment as defined in subsection (b)
of Section 2-1303 may be revived by filing a petition to revive
the consumer debt judgment no later than 10 years after its
entry and by serving the petition and entering a court order
for revival as provided in this Section.
    (b) A petition to revive a judgment shall be filed in the
original 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
shall be made in accordance with Supreme Court Rule 106.
    (d) An order reviving a judgment shall be for the original
amount 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
United 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, which need not be revived
as provided in this Section and which may be enforced at any
time as 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.)
 
    (735 ILCS 5/12-108)  (from Ch. 110, par. 12-108)
    Sec. 12-108. Limitation on enforcement.
    (a) Except as herein provided, no judgment shall be
enforced after the expiration of 7 years from the time the same
is rendered, except upon the revival of the same by a
proceeding provided by Section 2-1601 of this Act; but real
estate, levied upon within the 7 years, may be sold to enforce
the judgment at any time within one year after the expiration
of the 7 years. A judgment recovered in an action 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
employed by 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 the
scope and course of his employment at the time of the
occurrence giving 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 against
the municipality in the same manner and to the same extent as
if the municipality were the judgment debtor.
    (c) If a judgment or a consumer debt judgment becomes
dormant during the pendency of an enforcement proceeding
against wages under of Part 14 of Article II or Part 8 of
Article XII, the enforcement may continue to conclusion if 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. 90-18, eff. 7-1-97.)

Effective Date: 1/1/2020