IL SB2220 | 2023-2024 | 103rd General Assembly

Status

Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on February 10 2023 - 25% progression
Action: 2024-03-05 - Added as Co-Sponsor Sen. Javier L. Cervantes
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Code of Civil Procedure. Requires a summons issued in an action to collect a debt to include a separate notice containing specified language. Provides that the amount of wages that may be applied toward a judgment is limited to the lesser of 10% (rather than 15%) of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 80 (rather than 45) times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that the amount of payment owed to or received by the judgment debtor under an independent contractor relationship that may be applied toward a judgment is limited to the lesser of 10% of gross weekly wages or the amount by which disposable earnings for a week exceed the total of 100 times the State minimum hourly wage or the federal minimum hourly wage, whichever is greater. Provides that when assets or income of the judgment debtor not exempt from the satisfaction of a judgment, deduction order, or garnishment are discovered, the court may order the unfreezing or return of wages or assets to the debtor under specified circumstances. Provides that a consumer debt judgment may not (rather than may) be revived and shall expire after 7 years from the date of entry. Provides that every individual is entitled to an estate of homestead to the extent in value of the modern homestead exemption (rather than $15,000) as applied to his or her interest in specified property. Defines "modern homestead exemption" as the greater of $260,000 and the most recently available median sales price of a home in the debtor's metropolitan statistical area or county. Expands the list of personal property that is exempt from judgment, attachment, or distress for rent, including an increase in the value of the property. Provides that with respect to any consumer debt judgment, no person or entity may recover interest accumulated on any indebtedness that the person or entity knew or should have known the cause of action accrued, if an action on that indebtedness is not brought within 5 years after the cause of action accrued. Makes conforming and other changes in the Act and the Illinois Wage Assignment Act.

Tracking Information

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Title

DEBT JUDGMENT/HOMESTEAD EXEMPT

Sponsors


History

DateChamberAction
2024-03-05SenateAdded as Co-Sponsor Sen. Javier L. Cervantes
2024-02-29SenateAdded as Co-Sponsor Sen. Laura Fine
2023-03-31SenateRule 3-9(a) / Re-referred to Assignments
2023-03-21SenateAdded as Co-Sponsor Sen. Celina Villanueva
2023-03-08SenatePlaced on Calendar Order of 2nd Reading March 9, 2023
2023-03-08SenateDo Pass Judiciary; 009-000-000
2023-02-28SenateAssigned to Judiciary
2023-02-10SenateReferred to Assignments
2023-02-10SenateFirst Reading
2023-02-10SenateFiled with Secretary by Sen. Robert F. Martwick

Code Citations

ChapterArticleSectionCitation TypeStatute Text
735512-1001Amended CodeCitation Text
735512-803Amended CodeCitation Text
735512-901Amended CodeCitation Text
735512-904Amended CodeCitation Text
735512-906Amended CodeCitation Text
735512-909Amended CodeCitation Text
735512-910Amended CodeCitation Text
735512-911Amended CodeCitation Text
735512-912Amended CodeCitation Text
735513-206Amended CodeCitation Text
73552-1402Amended CodeCitation Text
73552-1602Amended CodeCitation Text
73552-201.5New CodeSee Bill Text
7401704Amended CodeCitation Text

Illinois State Sources


Bill Comments

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