Illinois Senate Bill 1738

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 5 2025 - 25% progression
Action: 2025-02-05 - Referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Amends the Code of Civil Procedure. Changes disclosure in notice provisions to a judgment debtor in a citation to discover assets. Defines "consumer debt judgment". Creates an automatic exemption for a judgment debtor against execution in a consumer debt judgment. Provides that "automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking, savings deposit account, or credit union account by a third-party citation respondent or garnishee. Provides that the automatic exemption is part of the judgment debtor's current exemption in any personal property not to exceed $4,000 in value. Makes other changes to personal property exemptions as follows: increases the exemption from $2,400 to $3,600 for a motor vehicle and from $1,500 to $2,250 in any implements, professional books, or tools of the debtor's trade. Increases the homestead exemption from $15,000 to $50,000 for one individual and to $100,000 if 2 or more individuals own the property. Makes changes to the list of items of personal property that are exempt from execution. Changes limitations for a revival of judgment for consumer debt entered before January 1, 2020, for a consumer debt judgment entered into after that date but before the effective date of the amendatory Act, and for a consumer debt judgment entered into after the effective date of the Act. Makes other changes. Amends the Clerks of Courts Act. Prohibits a fee from being charged under the Act for the filing of an appearance by a defendant in a small claim proceeding. Effective January 1, 2026.

CIV PRO-POST-JUDGMENT RELIEF

Sen. Robert Martwick [D]

Date	Chamber	Action
2025-02-05	Senate	Referred to Assignments
2025-02-05	Senate	First Reading
2025-02-05	Senate	Filed with Secretary by Sen. Robert F. Martwick

Chapter	Article	Section	Citation Type	Statute Text
705	105	27.1b	Amended Code	Citation Text
735	5	12-1001	Amended Code	Citation Text
735	5	12-1001.1	New Code	See Bill Text
735	5	12-108	Amended Code	Citation Text
735	5	12-705	Amended Code	Citation Text
735	5	12-705.1	New Code	See Bill Text
735	5	12-707	Amended Code	Citation Text
735	5	12-708	Amended Code	Citation Text
735	5	12-901	Amended Code	Citation Text
735	5	12-904	Amended Code	Citation Text
735	5	12-906	Amended Code	Citation Text
735	5	12-909	Amended Code	Citation Text
735	5	12-910	Amended Code	Citation Text
735	5	12-911	Amended Code	Citation Text
735	5	12-912	Amended Code	Citation Text
735	5	13-218	Amended Code	Citation Text
735	5	2-1402	Amended Code	Citation Text
735	5	2-1402.1	New Code	See Bill Text
735	5	2-1602	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1738&GAID=18&DocTypeID=SB&SessionID=114&GA=104
Text	https://www.ilga.gov/legislation/104/SB/10400SB1738.htm