Bill Text: IL HB5483 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5483 Detail]
Download: Illinois-2017-HB5483-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | |||||||||||||||||||||
5 | changing Sections 2-1602 and 12-108 as follows:
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6 | (735 ILCS 5/2-1602)
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7 | Sec. 2-1602. Revival of judgment.
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8 | (a) A judgment may be revived by filing a petition to | |||||||||||||||||||||
9 | revive the judgment in the fifth seventh year after its
entry , | |||||||||||||||||||||
10 | or in the seventh year after its last revival, or in the | |||||||||||||||||||||
11 | twentieth year after its entry, or at any other
time within 20 | |||||||||||||||||||||
12 | years after its entry if the judgment becomes dormant and by | |||||||||||||||||||||
13 | serving the petition and entering a court order for revival as | |||||||||||||||||||||
14 | provided in the following subsections. The provisions of this | |||||||||||||||||||||
15 | amendatory Act of the 96th General Assembly (Public Act 96-305) | |||||||||||||||||||||
16 | are declarative of existing law.
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17 | (b) A petition to revive a judgment shall be filed in the | |||||||||||||||||||||
18 | original
case in which the judgment was entered. The petition | |||||||||||||||||||||
19 | shall include a
statement as to the original date and amount of | |||||||||||||||||||||
20 | the judgment, court
costs expended, accrued interest, and | |||||||||||||||||||||
21 | credits to the judgment, if any.
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22 | (c) Service of notice of the petition to revive a judgment | |||||||||||||||||||||
23 | shall
be made in accordance with Supreme Court Rule 106.
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1 | (d) An order reviving a judgment shall be for the original | ||||||
2 | amount
of the judgment. The plaintiff may recover interest and | ||||||
3 | court costs from
the date of the original judgment. Credits to | ||||||
4 | the judgment shall be
reflected by the plaintiff in | ||||||
5 | supplemental proceedings or execution.
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6 | (e) If a judgment debtor has filed for protection under the | ||||||
7 | United
States Bankruptcy Code and failed to successfully | ||||||
8 | adjudicate and remove
a lien filed by a judgment creditor, then | ||||||
9 | the judgment may be revived
only as to the property to which a | ||||||
10 | lien attached before the filing of
the bankruptcy action.
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11 | (f) A judgment may be revived as to fewer than all judgment
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12 | debtors, and such order for revival of judgment shall be final,
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13 | appealable, and enforceable.
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14 | (g) This Section does not apply to a child support judgment | ||||||
15 | or to a judgment
recovered in an action for damages for an | ||||||
16 | injury described in Section 13-214.1,
which
need not be revived | ||||||
17 | as provided in this Section and which may be enforced at
any | ||||||
18 | time as
provided in Section 12-108.
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19 | (h) If a judgment becomes dormant during the pendency of an | ||||||
20 | enforcement proceeding against wages under Part 14 of this | ||||||
21 | Article or under Article XII, the enforcement may continue to | ||||||
22 | conclusion without revival of the underlying judgment so long | ||||||
23 | as the enforcement is done under court supervision and includes | ||||||
24 | a wage deduction order or turn over order and is against an | ||||||
25 | employer, garnishee, or other third party respondent. | ||||||
26 | (Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
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1 | (735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
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2 | Sec. 12-108. Limitation on enforcement.
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3 | (a) Except as herein provided,
no judgment shall be | ||||||
4 | enforced after the expiration of 5 7 years from the time
the | ||||||
5 | same is rendered, except upon the revival of the same by a | ||||||
6 | proceeding
provided by Section 2-1601 of this Act; but real | ||||||
7 | estate, levied upon within
the 5 7 years, may be sold to | ||||||
8 | enforce the judgment at any time within one
year after the | ||||||
9 | expiration of the 5 7 years. A judgment recovered in an
action | ||||||
10 | for damages for an injury described in Section 13-214.1 may be
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11 | enforced at any time.
Child support judgments, including those | ||||||
12 | arising by operation of law, may be
enforced at any time.
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13 | (b) No judgment shall be enforced against a police officer | ||||||
14 | employed by
a municipality if the corporate authority of the | ||||||
15 | municipality files with the
clerk of the court in which the | ||||||
16 | judgment was entered a statement certifying:
(1) such police | ||||||
17 | officer was employed by the municipality and was within
the | ||||||
18 | scope and course of his employment at the time of the | ||||||
19 | occurrence giving
rise to the action in which the judgment is | ||||||
20 | entered and (2) the municipality
indemnifies the police officer | ||||||
21 | in the amount of the judgment and interest
thereon. In such | ||||||
22 | event, the judgment creditor may enforce the judgment
against | ||||||
23 | the municipality in the same manner and to the same extent as | ||||||
24 | if
the municipality were the judgment debtor.
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25 | (Source: P.A. 90-18, eff. 7-1-97.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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