Bill Text: IL SB1738 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-05 - Referred to Assignments [SB1738 Detail]

Download: Illinois-2025-SB1738-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1738 Introduced 2/5/2025, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
See Index
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.
LRB104 08986 JRC 19042 b
A BILL FOR
SB1738 LRB104 08986 JRC 19042 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 Clerks of Courts Act is amended by changing
Section 27.1b as follows:
(705 ILCS 105/27.1b)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount
of a fee shall be determined by ordinance or resolution of the

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county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.

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(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:

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(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a

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county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board,

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for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:

SB1738 - 7 - LRB104 08986 JRC 19042 b
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court

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automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party

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complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case

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is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or

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amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of
State, the fee shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.

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(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of

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paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from
amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and
Child Support Collection Fund, of which the clerk shall be
the custodian, ex officio, to be used by the clerk to
maintain child support orders and record all payments

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issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other
instrument in writing with the seal of office shall not

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exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for

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performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. Except as provided in Sections
1-19 and 5-915 of the Juvenile Court Act of 1987, the clerk may
collect a fee not to exceed $60 for each expungement petition
filed and an additional fee not to exceed $4 for each certified
copy of an order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.

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(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of
a will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;
or (ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed

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$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall
pay the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.

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(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid

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after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;
provided however, no fee may be charged to any unit of
local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)

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under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection;
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act;
(F) a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or the minor's parent,

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guardian, or legal custodian; or
(G) a minor under the age of 18 transferred to
adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act
of 1987, or the minor's parent, guardian, or legal
custodian.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the
Illinois Department of Children and Family Services.
(4) No fee may be charged for the filing of an
appearance by any defendant in a small claim proceeding.
As used in this Section, "small claim" means a proceeding
as defined in Supreme Court Rule 281.
(Source: P.A. 102-145, eff. 7-23-21; 102-278, eff. 8-6-21;
102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-4, eff.
5-31-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
Section 10. The Code of Civil Procedure is amended by
changing Sections 2-1402, 2-1602, 12-108, 12-705, 12-707,
12-708, 12-901, 12-904, 12-906, 12-909, 12-910, 12-911,
12-912, 12-1001, and 13-218 and by adding Sections 2-1402.1,
12-705.1, and 12-1001.1 as follows:

SB1738 - 23 - LRB104 08986 JRC 19042 b
(735 ILCS 5/2-1402) (from Ch. 110, par. 2-1402)
Sec. 2-1402. Citations to discover assets.
(a) A judgment creditor, or his or her successor in
interest when that interest is made to appear of record, is
entitled to prosecute citations to discover assets for the
purposes of examining the judgment debtor or any other person
to discover assets or income of the debtor not exempt from the
enforcement of the judgment, a deduction order or garnishment,
and of compelling the application of non-exempt assets or
income discovered toward the payment of the amount due under
the judgment. A citation proceeding shall be commenced by the
service of a citation issued by the clerk. The procedure for
conducting citation proceedings shall be prescribed by rules.
All citations issued by the clerk shall have the following
language, or language substantially similar thereto, stated
prominently on the front, in capital letters: "IF YOU FAIL TO
APPEAR IN COURT AS DIRECTED IN THIS NOTICE, (1) YOU MAY LOSE
YOUR RIGHT TO PROTECT MONEY IN YOUR BANK, SAVINGS BANK, OR
CREDIT UNION AND OTHER ASSETS, AND (2) YOU MAY BE ARRESTED AND
BROUGHT BEFORE THE COURT TO ANSWER TO A CHARGE OF CONTEMPT OF
COURT, WHICH MAY BE PUNISHABLE BY IMPRISONMENT IN THE COUNTY
JAIL." The court shall not grant a continuance of the citation
proceeding except upon good cause shown.
(b) Any citation served upon a judgment debtor or any
other person shall include a certification by the attorney for

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the judgment creditor or the judgment creditor setting forth
the amount of the judgment, that the judgment is a consumer
debt judgment if it qualifies as a consumer debt judgment
under paragraph (b)(1) of Section 2-1303, the date of the
judgment, or its revival date, the balance due thereon, the
name of the court, and the number of the case, and a copy of
the citation notice required by this subsection. Whenever a
citation is served upon a person or party other than the
judgment debtor, the officer or person serving the citation
shall send to the judgment debtor, within three business days
of the service upon the cited party, a copy of the citation and
the citation notice, which may be sent by regular first-class
mail to the judgment debtor's last known address. In no event
shall a citation hearing be held sooner than five business
days after the mailing of the citation and citation notice to
the judgment debtor, except by agreement of the parties. The
citation notice need not be mailed to a corporation,
partnership, or association. The citation notice shall be in
substantially the following form:
"CITATION NOTICE
(Name and address of Court)
Name of Case: (Name of Judgment Creditor),
Judgment Creditor v.
(Name of Judgment Debtor),
Judgment Debtor.
Address of Judgment Debtor: (Insert last known

SB1738 - 25 - LRB104 08986 JRC 19042 b
address)
Name and address of Attorney for Judgment
Creditor or of Judgment Creditor (If no
attorney is listed): (Insert name and address)
Amount of Judgment: $ (Insert amount)
Name of Person Receiving Citation: (Insert name)
Court Date and Time: (Insert return date and time
specified in citation)
NOTICE: The court has issued a citation against the person
named above. IF THE PERSON FAILS TO APPEAR IN COURT AT THE DATE
AND TIME PROVIDED, THE PERSON MAY LOSE THE RIGHT TO PROTECT
MONEY IN A BANK, SAVINGS BANK, OR CREDIT UNION ACCOUNT AND
OTHER ASSETS AND COULD BE SUBJECT TO ARREST AND IMPRISONMENT.
The citation directs that person to appear in court to be
examined for the purpose of allowing the judgment creditor to
discover income and assets belonging to the judgment debtor or
in which the judgment debtor has an interest. The citation was
issued on the basis of a judgment against the judgment debtor
in favor of the judgment creditor in the amount stated above.
On or after the court date stated above, the court may compel
the application of any discovered income or assets toward
payment on the judgment.
The amount of income or assets that may be applied toward
the judgment is limited by federal and Illinois law. The
JUDGMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS
AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGMENT DEBTOR WHICH

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MAY NOT BE USED TO SATISFY THE JUDGMENT IN THE AMOUNT STATED
ABOVE:
(1) Under Illinois or federal law, the exemptions of
personal property owned by the debtor include the debtor's
equity interest, not to exceed $4,000 in value, in any
personal property as chosen by the debtor, of which $1,000
will be automatically applied to a debtor's bank, savings
bank, or credit union account through the end of the
hearing noted above; Social Security and SSI benefits;
public assistance benefits; unemployment compensation
benefits; worker's compensation benefits; veteran's
benefits; circuit breaker property tax relief benefits;
the debtor's equity interest, not to exceed $3,600 $2,400
in value, in any one motor vehicle, and the debtor's
equity interest, not to exceed $2,250 $1,500 in value, in
any implements, professional books, or tools of the trade
of the debtor.
(2) Under Illinois law, every person is entitled to an
estate in homestead, when it is owned and occupied as a
residence, to the extent in value of $50,000 for an
individual and $100,000 for two or more individual owners
$15,000, which homestead is exempt from judgment.
(3) Under Illinois law, the amount of wages that may
be applied toward a judgment is limited to the lesser of
(i) 15% of gross weekly wages or (ii) the amount by which
disposable earnings for a week exceed the total of 45

SB1738 - 27 - LRB104 08986 JRC 19042 b
times the federal minimum hourly wage or, under a wage
deduction summons served on or after January 1, 2006, the
Illinois minimum hourly wage, whichever is greater.
(4) Under federal law, the amount of wages that may be
applied toward a judgment is limited to the lesser of (i)
25% of disposable earnings for a week or (ii) the amount by
which disposable earnings for a week exceed 30 times the
federal minimum hourly wage.
(5) Pension and retirement benefits and refunds may be
claimed as exempt under Illinois law.
The judgment debtor may have other possible exemptions
under the law.
THE JUDGMENT DEBTOR HAS THE RIGHT AT THE CITATION HEARING
TO DECLARE EXEMPT CERTAIN INCOME OR ASSETS OR BOTH. The
judgment debtor also has the right to seek a declaration at an
earlier date, by notifying the clerk in writing at (insert
address of clerk). When so notified, the Clerk of the Court
will obtain a prompt hearing date from the court and will
provide the necessary forms that must be prepared by the
judgment debtor or the attorney for the judgment debtor and
sent to the judgment creditor and the judgment creditor's
attorney regarding the time and location of the hearing. This
notice may be sent by regular first class mail."
(b-1) Any citation served upon a judgment debtor who is a
natural person shall be served by personal service or abode
service as provided in Supreme Court Rule 105 and shall

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include a copy of the Income and Asset Form set forth in
subsection (b-5).
(b-5) The Income and Asset Form required to be served by
the judgment creditor in subsection (b-1) shall be in
substantially the following form:
INCOME AND ASSET FORM
To Judgment Debtor: Please complete this form and
bring it with you to the hearing referenced in the
enclosed citation notice. You should also bring to the
hearing any documents you have to support the information
you provide in this form, such as pay stubs and account
statements. The information you provide will help the
court determine whether you have any property or income
that can be used to satisfy the judgment entered against
you in this matter. The information you provide must be
accurate to the best of your knowledge.
If you fail to appear at this hearing, you could be
held in contempt of court and possibly arrested.
In answer to the citation proceedings served upon the
judgment debtor, he or she answers as follows:
Name:.....................
Home Phone Number:.................
Home Address:....................
Date of Birth:......................

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Marital Status:.....................
I have.........dependents.
Do you have a job? YES NO
Company's name I work for:......................
Company's address:..............................
Job:
I earn $....... per.......
If self employed, list here your business name and
address:
.............................................
Income from self employment is $......... per
year.
I have the following benefits with my employer:
.............................................
I do not have a job, but I support myself through:
Government Assistance $........ per month
Unemployment $........ per month
Social Security $........ per month
SSI $........ per month
Pension $........ per month
Other $........ per month
Real Estate:
Do you own any real estate? YES NO
I own real estate at.........., with names of other
owners

SB1738 - 30 - LRB104 08986 JRC 19042 b
.................................................
Additional real estate I own:....................
I have a beneficial interest in a land trust. The name
and address of the trustee is:............. The beneficial
interest is listed in my name and........................
There is a mortgage on my real estate. State the
mortgage company's name and address for each parcel of
real estate owned:
.................................................
An assignment of beneficial interest in the land trust
was signed to secure a loan from.........................
I have the following accounts:
Checking account at ..........;
account balance $......
Savings account at ..........;
account balance $......
Money market or certificate of deposit at....
Safe deposit box at..........................
Other accounts (please identify):............
I own:
A vehicle (state year, make, model, and VIN):.
Jewelry (please specify):....................
Other property described as:......................
Stocks/Bonds.....................
Personal computer................
DVD player.......................

SB1738 - 31 - LRB104 08986 JRC 19042 b
Television.......................
Stove.......................
Microwave.......................
Work tools.......................
Business equipment.......................
Farm equipment.......................
Other property (please specify):
.............................................
Signature:....................
(b-10) Any action properly initiated under this Section
may proceed notwithstanding an absent or incomplete Income and
Asset Form, and a judgment debtor may be examined for the
purpose of allowing the judgment creditor to discover income
and assets belonging to the judgment debtor or in which the
judgment debtor has an interest.
(c) When assets or income of the judgment debtor not
exempt from the satisfaction of a judgment, a deduction order
or garnishment are discovered, the court may, by appropriate
order or judgment:
(1) Compel the judgment debtor to deliver up, to be
applied in satisfaction of the judgment, in whole or in
part, money, choses in action, property or effects in his
or her possession or control, so discovered, capable of
delivery and to which his or her title or right of
possession is not substantially disputed.
(2) Compel the judgment debtor to pay to the judgment

SB1738 - 32 - LRB104 08986 JRC 19042 b
creditor or apply on the judgment, in installments, a
portion of his or her income, however or whenever earned
or acquired, as the court may deem proper, having due
regard for the reasonable requirements of the judgment
debtor and his or her family, if dependent upon him or her,
as well as any payments required to be made by prior order
of court or under wage assignments outstanding; provided
that the judgment debtor shall not be compelled to pay
income which would be considered exempt as wages under the
Wage Deduction Statute. The court may modify an order for
installment payments, from time to time, upon application
of either party upon notice to the other.
(3) Compel any person cited, other than the judgment
debtor, to deliver up any assets so discovered, to be
applied in satisfaction of the judgment, in whole or in
part, when those assets are held under such circumstances
that in an action by the judgment debtor he or she could
recover them in specie or obtain a judgment for the
proceeds or value thereof as for conversion or
embezzlement. A judgment creditor may recover a corporate
judgment debtor's property on behalf of the judgment
debtor for use of the judgment creditor by filing an
appropriate petition within the citation proceedings.
(4) Enter any order upon or judgment against the
person cited that could be entered in any garnishment
proceeding.

SB1738 - 33 - LRB104 08986 JRC 19042 b
(5) Compel any person cited to execute an assignment
of any chose in action or a conveyance of title to real or
personal property or resign memberships in exchanges,
clubs, or other entities in the same manner and to the same
extent as a court could do in any proceeding by a judgment
creditor to enforce payment of a judgment or in aid of the
enforcement of a judgment.
(6) Authorize the judgment creditor to maintain an
action against any person or corporation that, it appears
upon proof satisfactory to the court, is indebted to the
judgment debtor, for the recovery of the debt, forbid the
transfer or other disposition of the debt until an action
can be commenced and prosecuted to judgment, direct that
the papers or proof in the possession or control of the
debtor and necessary in the prosecution of the action be
delivered to the creditor or impounded in court, and
provide for the disposition of any moneys in excess of the
sum required to pay the judgment creditor's judgment and
costs allowed by the court.
(c-5) If a citation is directed to a judgment debtor who is
a natural person, no payment order shall be entered under
subsection (c) unless the Income and Asset Form was served
upon the judgment debtor as required by subsection (b-1), the
judgment debtor has had an opportunity to assert exemptions,
and the payments are from non-exempt sources.
(d) No order or judgment shall be entered under subsection

SB1738 - 34 - LRB104 08986 JRC 19042 b
(c) in favor of the judgment creditor unless there appears of
record a certification of mailing showing that a copy of the
citation and a copy of the citation notice was mailed to the
judgment debtor as required by subsection (b).
(d-5) If upon examination the court determines that the
judgment debtor does not possess any non-exempt income or
assets, then the citation shall be dismissed.
(e) All property ordered to be delivered up shall, except
as otherwise provided in this Section, be delivered to the
sheriff to be collected by the sheriff or sold at public sale
and the proceeds thereof applied towards the payment of costs
and the satisfaction of the judgment. If the judgment debtor's
property is of such a nature that it is not readily delivered
up to the sheriff for public sale or if another method of sale
is more appropriate to liquidate the property or enhance its
value at sale, the court may order the sale of such property by
the debtor, third party respondent, or by a selling agent
other than the sheriff upon such terms as are just and
equitable. The proceeds of sale, after deducting reasonable
and necessary expenses, are to be turned over to the creditor
and applied to the balance due on the judgment.
(f)(1) The citation may prohibit the party to whom it is
directed from making or allowing any transfer or other
disposition of, or interfering with, any property not exempt
from the enforcement of a judgment therefrom, a deduction
order or garnishment, belonging to the judgment debtor or to

SB1738 - 35 - LRB104 08986 JRC 19042 b
which he or she may be entitled or which may thereafter be
acquired by or become due to him or her, and from paying over
or otherwise disposing of any moneys not so exempt which are
due or to become due to the judgment debtor, until the further
order of the court or the termination of the proceeding,
whichever occurs first. The third party may not be obliged to
withhold the payment of any moneys beyond double the amount of
the balance due sought to be enforced by the judgment
creditor, subject to Section 12-1001.(d). The court may punish
any party who violates the restraining provision of a citation
as and for a contempt, or if the party is a third party may
enter judgment against him or her in the amount of the unpaid
portion of the judgment and costs allowable under this
Section, or in the amount of the value of the property
transferred, whichever is lesser.
(2) The court may enjoin any person, whether or not a party
to the citation proceeding, from making or allowing any
transfer or other disposition of, or interference with, the
property of the judgment debtor not exempt from the
enforcement of a judgment, a deduction order or garnishment,
or the property or debt not so exempt concerning which any
person is required to attend and be examined until further
direction in the premises. The injunction order shall remain
in effect until vacated by the court or until the proceeding is
terminated, whichever first occurs.
(g) If it appears that any property, chose in action,

SB1738 - 36 - LRB104 08986 JRC 19042 b
credit or effect discovered, or any interest therein, is
claimed by any person, the court shall, as in garnishment
proceedings, permit or require the claimant to appear and
maintain his or her right. The rights of the person cited and
the rights of any adverse claimant shall be asserted and
determined pursuant to the law relating to garnishment
proceedings.
(h) Costs in proceedings authorized by this Section shall
be allowed, assessed and paid in accordance with rules,
provided that if the court determines, in its discretion, that
costs incurred by the judgment creditor were improperly
incurred, those costs shall be paid by the judgment creditor.
(i) This Section is in addition to and does not affect
enforcement of judgments or citation proceedings thereto, by
any other methods now or hereafter provided by law.
(j) This Section does not grant the power to any court to
order installment or other payments from, or compel the sale,
delivery, surrender, assignment or conveyance of any property
exempt by statute from the enforcement of a judgment thereon,
a deduction order, garnishment, attachment, sequestration,
process or other levy or seizure.
(k) (Blank).
(k-3) The court may enter any order upon or judgment
against the respondent cited that could be entered in any
garnishment proceeding under Part 7 of Article XII of this
Code. This subsection (k-3) shall be construed as being

SB1738 - 37 - LRB104 08986 JRC 19042 b
declarative of existing law and not as a new enactment.
(k-5) If the court determines that any property held by a
third party respondent is wages pursuant to Section 12-801,
the court shall proceed as if a wage deduction proceeding had
been filed and proceed to enter such necessary and proper
orders as would have been entered in a wage deduction
proceeding including but not limited to the granting of the
statutory exemptions allowed by Section 12-803 and all other
remedies allowed plaintiff and defendant pursuant to Part 8 of
Article 12 of this Act.
(k-10) If a creditor discovers personal property of the
judgment debtor that is subject to the lien of a citation to
discover assets, the creditor may have the court impress a
lien against a specific item of personal property, including a
beneficial interest in a land trust. The lien survives the
termination of the citation proceedings and remains as a lien
against the personal property in the same manner that a
judgment lien recorded against real property pursuant to
Section 12-101 remains a lien on real property. If the
judgment is revived before dormancy, the lien shall remain. A
lien against personal property may, but need not, be recorded
in the office of the recorder or filed as an informational
filing pursuant to the Uniform Commercial Code.
(l) At any citation hearing at which the judgment debtor
appears and seeks a declaration that certain of his or her
income or assets are exempt, the court shall proceed to

SB1738 - 38 - LRB104 08986 JRC 19042 b
determine whether the property which the judgment debtor
declares to be exempt is exempt from judgment. At any time
before the return date specified on the citation, the judgment
debtor may request, in writing, a hearing to declare exempt
certain income and assets by notifying the clerk of the court
before that time, using forms as may be provided by the clerk
of the court. The clerk of the court will obtain a prompt
hearing date from the court and will provide the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor, or the judgment creditor's attorney, regarding the
time and location of the hearing. This notice may be sent by
regular first class mail. At the hearing, the court shall
immediately, unless for good cause shown that the hearing is
to be continued, shall proceed to determine whether the
property which the judgment debtor declares to be exempt is
exempt from judgment. The restraining provisions of subsection
(f) shall not apply to any property determined by the court to
be exempt.
(m) The judgment or balance due on the judgment becomes a
lien when a citation is served in accordance with subsection
(a) of this Section, subject to subsection (c) of Section
12-1001.1. The lien binds nonexempt personal property,
including money, choses in action, and effects of the judgment
debtor as follows:
(1) When the citation is directed against the judgment

SB1738 - 39 - LRB104 08986 JRC 19042 b
debtor, upon all personal property belonging to the
judgment debtor in the possession or control of the
judgment debtor or which may thereafter be acquired or
come due to the judgment debtor to the time of the
disposition of the citation.
(2) When the citation is directed against a third
party, upon all personal property belonging to the
judgment debtor in the possession or control of the third
party or which thereafter may be acquired or come due the
judgment debtor and comes into the possession or control
of the third party to the time of the disposition of the
citation.
The lien established under this Section does not affect
the rights of citation respondents in property prior to the
service of the citation upon them and does not affect the
rights of bona fide purchasers or lenders without notice of
the citation. The rights of citation respondents in property
belonging to the judgment debtor in the possession or control
of the citation respondent are not affected, impaired, or
abridged by the automatic exemption defined in Section
12-1001.1. The lien is effective for the period specified by
Supreme Court Rule.
This subsection (m), as added by Public Act 88-48, is a
declaration of existing law.
(n) If any provision of this Act or its application to any
person or circumstance is held invalid, the invalidity of that

SB1738 - 40 - LRB104 08986 JRC 19042 b
provision or application does not affect the provisions or
applications of the Act that can be given effect without the
invalid provision or application.
(o) The changes to this Section made by this amendatory
Act of the 97th General Assembly apply only to citation
proceedings commenced under this Section on or after the
effective date of this amendatory Act of the 97th General
Assembly. The requirements or limitations set forth in
subsections (b-1), (b-5), (b-10), (c-5), and (d-5) do not
apply to the enforcement of any order or judgment resulting
from an adjudication of a municipal ordinance violation that
is subject to Supreme Court Rules 570 through 579, or from an
administrative adjudication of such an ordinance violation.
(Source: P.A. 101-191, eff. 8-2-19.)
(735 ILCS 5/2-1402.1 new)
Sec. 2-1402.1. Automatic exemption. When a consumer debt
judgment, as defined in paragraph (b)(1) of Section 2-1303,
has been entered against a judgment debtor, the debtor is
entitled to a $1,000 automatic exemption, as defined in
Section 12-1001.1. A citation respondent's written answer
shall set forth all the judgment debtor's personal property in
its possession, even if it is not in excess of $1,000.
(735 ILCS 5/2-1602)
Sec. 2-1602. Revival of judgment.

SB1738 - 41 - LRB104 08986 JRC 19042 b
(a) Except as provided in subsections subsection (a-5) and
(a-10), 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) As used in this Section: 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.
(1) "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 for personal, family, or household purposes.
(2) "Consumer debt judgment" means a judgment
recovered in any court against one or more natural persons
arising out of a consumer debt. "Consumer debt judgment"
does not include any compensation for bodily injury or
death, nor any judgment entered if the debt is guaranteed

SB1738 - 42 - LRB104 08986 JRC 19042 b
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.
(a-10) The following revival standards apply to judgments
relating to consumer debt that were entered prior to January
1, 2020, and consumer debt judgments:
(1) A judgment relating to consumer debt entered
before January 1, 2020 is not a consumer debt judgment and
may be revived in accordance with subsection (a).
(2) A consumer debt judgment entered on or after
January 1, 2020 through the date preceding the effective
date of this amendatory Act of the 104th General Assembly
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 as
provided in this Section.
(3) A consumer debt judgment entered on or after the
effective date of this amendatory Act of the 104th General
Assembly may not be revived but may be enforceable for a
period of 15 years after its entry.
The provisions of this amendatory Act of the 104th General
Assembly are declarative of existing law, except subdivision
(a-10)(3).
(b) A petition to revive a judgment shall be filed in the
original case in which the judgment was entered. The petition

SB1738 - 43 - LRB104 08986 JRC 19042 b
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

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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. 101-168, eff. 1-1-20.)
(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. Consumer debt
judgments may be revived or enforced in accordance with
subsection (a-10) of Section 2-1602.
(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

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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. 101-168, eff. 1-1-20.)
(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
Sec. 12-705. Summons.
(a) Summons shall be returnable not less than 21 nor more
than 40 days after the date of issuance. Summons with one copy
of the interrogatories shall be served and returned as in
other civil cases. If the garnishee is served with summons
less than 10 days prior to the return date, the court shall
continue the case to a new return date 14 days after the return
date stated on the summons. The summons shall be in a form

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consistent with local court rules. The summons shall be
accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the
judgment, or by the attorney for the judgment creditor,
setting forth the amount of the judgment, that the judgment is
a consumer debt judgment if it qualifies as a consumer debt
judgment under paragraph (b)(1) of Section 2-1303, the name of
the court and the number of the case and one copy of a
garnishment notice in substantially the following form:
"GARNISHMENT NOTICE
(Name and address of Court)
Name of Case: (Name of Judgment Creditor),
Judgment Creditor v.
(Name of Judgment Debtor),
Judgment Debtor.
Address of Judgment Debtor: (Insert last known address)
Name and address of Attorney for Judgment
Creditor or of Judgment Creditor (If no
attorney is listed): (Insert name and address)
Amount of Judgment: $(Insert amount)
Name of Garnishee: (Insert name)
Return Date: (Insert return date specified in summons)
NOTICE: The court has issued a garnishment summons against
the garnishee named above for money or property (other than
wages) belonging to the judgment debtor or in which the
judgment debtor has an interest. The garnishment summons was

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issued on the basis of a judgment against the judgment debtor
in favor of the judgment creditor in the amount stated above.
The amount of money or property (other than wages) that
may be garnished is limited by federal and Illinois law. The
judgment debtor has the right to assert statutory exemptions
against certain money or property of the judgment debtor which
may not be used to satisfy the judgment in the amount stated
above.
Under Illinois or federal law, the exemptions of personal
property owned by the debtor include the debtor's equity
interest, not to exceed $4,000 in value, in any personal
property as chosen by the debtor, of which $1,000 will be
automatically applied to a debtor's bank, savings bank, or
credit union account until the return date; Social Security
and SSI benefits; public assistance benefits; unemployment
compensation benefits; workers' compensation benefits;
veterans' benefits; circuit breaker property tax relief
benefits; the debtor's equity interest, not to exceed $3,600
$2,400 in value, in any one motor vehicle, and the debtor's
equity interest, not to exceed $2,250 $1,500 in value, in any
implements, professional books or tools of the trade of the
debtor.
The judgment debtor may have other possible exemptions
from garnishment under the law.
The judgment debtor has the right to request a hearing
before the court to dispute the garnishment or to declare

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exempt from garnishment certain money or property or both. To
obtain a hearing in counties with a population of 1,000,000 or
more, the judgment debtor must notify the Clerk of the Court in
person and in writing at (insert address of Clerk) before the
return date specified above or appear in court on the date and
time on that return date. To obtain a hearing in counties with
a population of less than 1,000,000, the judgment debtor must
notify the Clerk of the Court in writing at (insert address of
Clerk) on or before the return date specified above. The Clerk
of the Court will provide a hearing date and the necessary
forms that must be prepared by the judgment debtor or the
attorney for the judgment debtor and sent to the judgment
creditor and the garnishee regarding the time and location of
the hearing. This notice may be sent by regular first class
mail."
(b) An officer or other person authorized by law to serve
process shall serve the summons, interrogatories and the
garnishment notice required by subsection (a) of this Section
upon the garnishee and shall, (1) within 2 business days of the
service upon the garnishee, mail a copy of the garnishment
notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the
garnishment notice and (2) within 4 business days of the
service upon the garnishee file with the clerk of the court a
certificate of mailing in substantially the following form:
"CERTIFICATE OF MAILING

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I hereby certify that, within 2 business days of service
upon the garnishee of the garnishment summons, interrogatories
and garnishment notice, I served upon the judgment debtor in
this cause a copy of the garnishment summons and garnishment
notice by first class mail to the judgment debtor's address as
indicated in the garnishment notice.
Date:............ .........................
Signature"
In the case of service of the summons for garnishment upon
the garnishee by certified or registered mail, as provided in
subsection (c) of this Section, no sooner than 2 business days
nor later than 4 business days after the date of mailing, the
clerk shall mail a copy of the garnishment notice and the
summons to the judgment debtor by first class mail at the
judgment debtor's address indicated in the garnishment notice,
shall prepare the Certificate of Mailing described by this
subsection, and shall include the Certificate of Mailing in a
permanent record.
(c) In a county with a population of less than 1,000,000,
unless otherwise provided by circuit court rule, at the
request of the judgment creditor or his or her attorney and
instead of personal service, service of a summons for
garnishment may be made as follows:
(1) For each garnishee to be served, the judgment
creditor or his or her attorney shall pay to the clerk of
the court a fee of $2, plus the cost of mailing, and

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furnish to the clerk an original and 2 copies of a summons,
an original and one copy of the interrogatories, an
affidavit setting forth the garnishee's mailing address,
an original and 2 copies of the garnishment notice
required by subsection (a) of this Section, and a copy of
the judgment or certification described in subsection (a)
of this Section. The original judgment shall be retained
by the clerk.
(2) The clerk shall mail to the garnishee, at the
address appearing in the affidavit, the copy of the
judgment or certification described in subsection (a) of
this Section, the summons, the interrogatories, and the
garnishment notice required by subsection (a) of this
Section, by certified or registered mail, return receipt
requested, showing to whom delivered and the date and
address of delivery. This Mailing shall be mailed on a
"restricted delivery" basis when service is directed to a
natural person. The envelope and return receipt shall bear
the return address of the clerk, and the return receipt
shall be stamped with the docket number of the case. The
receipt for certified or registered mail shall state the
name and address of the addressee, the date of the
mailing, shall identify the documents mailed, and shall be
attached to the original summons.
(3) The return receipt must be attached to the
original summons and, if it shows delivery at least 10

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days before the day for the return date, shall constitute
proof of service of any documents identified on the return
receipt as having been mailed.
(4) The clerk shall note the fact of service in a
permanent record.
(d) The garnishment summons may be served and returned in
the manner provided by Supreme Court Rule for service,
otherwise than by publication, of a notice for additional
relief upon a party in default.
(Source: P.A. 101-191, eff. 8-2-19.)
(735 ILCS 5/12-705.1 new)
Sec. 12-705.1. Automatic exemption. When a consumer debt
judgment, as defined in paragraph (b)(1) of Section 2-1303,
has been entered against a judgment debtor, the debtor is
entitled to a $1,000 automatic exemption, as defined in
Section 12-1001.1. A garnishee's written answer shall set
forth all the judgment debtor's personal property in its
possession, even if it is not in excess of $1,000.
(735 ILCS 5/12-707) (from Ch. 110, par. 12-707)
Sec. 12-707. Duties of garnishee.
(a) To the extent of the amount due upon the judgment and
costs, the garnishee shall hold, subject to the order of the
court any non-exempt indebtedness or other non-exempt property
in his or her possession, custody or control belonging to the

SB1738 - 52 - LRB104 08986 JRC 19042 b
judgment debtor or in which the judgment debtor has any
interest, subject to subsection (c) of Section 12-1001.1. The
judgment or balance due thereon becomes a lien on the
indebtedness and other property held by the garnishee at the
time of the service of garnishment summons and remains a lien
thereon pending the garnishment proceeding subject to
subsection (c) of Section 12-1001.1.
(b) The garnishee shall file, on or before the return
date, or within the further time that the court for cause may
allow, a written answer under oath to the interrogatories,
setting forth as of the date of service of the garnishment
summons any indebtedness due or to become due to the judgment
debtor and any other property in his, her or its possession,
custody or control belonging to the judgment debtor or in
which the judgment debtor has an interest. The garnishee shall
mail, by first class mail, a copy of the answer to the judgment
creditor or its attorney and to the judgment debtor at the
address specified in the affidavit filed under Section 12-701
of this Act, or at any other address or location of the
judgment debtor known to the garnishee, and shall certify in
the answer that it was so mailed to the judgment debtor.
(Source: P.A. 87-1252.)
(735 ILCS 5/12-708) (from Ch. 110, par. 12-708)
Sec. 12-708. Deductions and set-offs of garnishee. The
garnishee is entitled to assert against the indebtedness due

SB1738 - 53 - LRB104 08986 JRC 19042 b
to the judgment debtor offsetting claims against either or
both the judgment creditor and the judgment debtor, whether
due at the time of service of the garnishment summons or
thereafter to become due and whether liquidated or
unliquidated, except claims for unliquidated damages for
actions sounding in tort. To the extent that other property
belonging to the judgment debtor or in which the judgment
debtor has an interest is pledged to or held by the garnishee
in good faith as security or that the garnishee has other just
claim against the other property, the garnishee is entitled to
retain the other property. The garnishee is liable for the
balance of the indebtedness due to the judgment debtor after
the offsetting claims are adjusted and for the balance of
other property after deducting property to which the garnishee
has just claim. The verdict or finding and judgment shall show
the amount of offsetting claims or deductions allowed against
each party. The rights of the garnishee in property belonging
to the judgment debtor that is pledged to or held by the
garnishee as security are not affected, impaired, or abridged
by the automatic exemption defined in Section 12-1001.1.
(Source: P.A. 83-707.)
(735 ILCS 5/12-901) (from Ch. 110, par. 12-901)
Sec. 12-901. Amount. Every individual is entitled to an
estate of homestead to the extent in value of $50,000 $15,000
of his or her interest in a farm or lot of land and buildings

SB1738 - 54 - LRB104 08986 JRC 19042 b
thereon, a condominium, or personal property, owned or rightly
possessed by lease or otherwise and occupied by him or her as a
residence, or in a cooperative that owns property that the
individual uses as a residence. That homestead and all right
in and title to that homestead is exempt from attachment,
judgment, levy, or judgment sale for the payment of his or her
debts or other purposes and from the laws of conveyance,
descent, and legacy, except as provided in this Code or in
Section 20-6 of the Probate Act of 1975. This Section is not
applicable between joint tenants or tenants in common but it
is applicable as to any creditors of those persons. If 2 or
more individuals own property that is exempt as a homestead,
the value of the exemption of each individual may not exceed
his or her proportionate share of $100,000 $30,000 based upon
percentage of ownership.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-904) (from Ch. 110, par. 12-904)
Sec. 12-904. Release, waiver or conveyance. No release,
waiver or conveyance of the estate so exempted shall be valid,
unless the same is in writing, signed by the individual and his
or her spouse, if he or she have one, or possession is
abandoned or given pursuant to the conveyance; or if the
exception is continued to a child or children without the
order of a court directing a release thereof; but if a
conveyance is made by an individual as grantor to his or her

SB1738 - 55 - LRB104 08986 JRC 19042 b
spouse, such conveyance shall be effectual to pass the title
expressed therein to be conveyed thereby, whether or not the
grantor in such conveyance is joined therein by his or her
spouse. In any case where such release, waiver or conveyance
is taken by way of mortgage or security, the same shall only be
operative as to such specific release, waiver or conveyance;
and when the same includes different pieces of land, or the
homestead is of greater value than $50,000 for an individual
owner or $100,000 for 2 or more individual owners $15,000, the
other lands shall first be sold before resorting to the
homestead, and in case of the sale of such homestead, if any
balance remains after the payment of the debt and costs, such
balance shall, to the extent of $50,000 for an individual
owner or $100,000 for 2 or more individual owners $15,000 be
exempt, and be applied upon such homestead exemption in the
manner provided by law.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-906) (from Ch. 110, par. 12-906)
Sec. 12-906. Proceeds of sale. When a homestead is
conveyed by the owner thereof, such conveyance shall not
subject the premises to any lien or incumbrance to which it
would not be subject in the possession of such owner; and the
proceeds thereof, to the extent of the amount of $50,000 for
premises owned by an individual owner or $100,000 for premises
owned by 2 or more individual owners $15,000, shall be exempt

SB1738 - 56 - LRB104 08986 JRC 19042 b
from judgment or other process, for one year after the receipt
thereof, by the person entitled to the exemption, and if
reinvested in a homestead the same shall be entitled to the
same exemption as the original homestead.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-909) (from Ch. 110, par. 12-909)
Sec. 12-909. Bid for less than exempted amount. No sale
shall be made of the premises on such judgment unless a greater
sum than $50,000 for premises owned by an individual owner or
$100,000 for premises owned by 2 or more individual owners
$15,000 is bid therefor. If a greater sum is not so bid, the
judgment may be set aside or modified, or the enforcement of
the judgment released, as for lack of property.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-910) (from Ch. 110, par. 12-910)
Sec. 12-910. Proceedings to enforce judgment. If in the
opinion of the judgment creditors, or the officer holding a
certified copy of a judgment for enforcement against such
individuals, the premises claimed by him or her as exempt are
worth more than $50,000 for premises owned by an individual
owner or $100,000 for premises owned by 2 or more individual
owners $15,000, such officer shall summon 3 individuals, as
commissioners, who shall, upon oath, to be administered to
them by the officer, appraise the premises, and if, in their

SB1738 - 57 - LRB104 08986 JRC 19042 b
opinion, the property may be divided without damage to the
interest of the parties, they shall set off so much of the
premises, including the dwelling house, as in their opinion is
worth $50,000 for premises owned by an individual owner or
$100,000 for premises owned by 2 or more individual owners
$15,000, and the residue of the premises may be advertised and
sold by such officer. Each commissioner shall receive for his
or her services the sum of $5 per day for each day necessarily
engaged in such service. The officer summoning such
commissioners shall receive such fees as may be allowed for
serving summons, but shall be entitled to charge mileage for
only the actual distance traveled from the premises to be
appraised, to the residence of the commissioners summoned. The
officer shall not be required to summon commissioners until
the judgment creditor, or some one for him or her, shall
advance to the officer one day's fees for the commissioners,
and unless the creditor shall advance such fees the officer
shall not be required to enforce the judgment. The costs of
such appraisement shall not be taxed against the judgment
debtor unless such appraisement shows that the judgment debtor
has property subject to such judgment.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-911) (from Ch. 110, par. 12-911)
Sec. 12-911. Notice to judgment debtor. In case the value
of the premises is, in the opinion of the commissioners, more

SB1738 - 58 - LRB104 08986 JRC 19042 b
than $50,000 for premises owned by an individual owner or
$100,000 for premises owned by 2 or more individual owners
$15,000, and cannot be divided as is provided for in Section
12-910 of this Act, they shall make and sign an appraisal of
the value thereof, and deliver the same to the officer, who
shall deliver a copy thereof to the judgment debtor, or to some
one of the family of the age of 13 years or upwards, with a
notice thereto attached that unless the judgment debtor pays
to such officer the surplus over and above $50,000 for
premises owned by an individual owner or $100,000 for premises
owned by 2 or more individual owners $15,000 on the amount due
on the judgment within 60 days thereafter, such premises will
be sold.
(Source: P.A. 94-293, eff. 1-1-06.)
(735 ILCS 5/12-912) (from Ch. 110, par. 12-912)
Sec. 12-912. Sale of premises - Distribution of proceeds.
In case of such surplus, or the amount due on the judgment is
not paid within the 60 days, the officer may advertise and sell
the premises, and out of the proceeds of such sale pay to such
judgment debtor the sum of $50,000 for premises owned by an
individual owner or $100,000 for premises owned by 2 or more
individual owners $15,000, and apply the balance on the
judgment.
(Source: P.A. 94-293, eff. 1-1-06.)

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(735 ILCS 5/12-1001) (from Ch. 110, par. 12-1001)
Sec. 12-1001. Personal property exempt. The following
personal property, owned by the debtor, is exempt from
judgment, attachment, or distress for rent:
(a) All household goods, including but not limited to,
the debtor's and the debtor's dependents' food, eating and
cooking utensils, bedding, furniture, books, refrigerator,
stove, microwave oven, kitchen appliances, necessary
provisions, washing machine, clothes dryer, vacuum
cleaner, yard equipment and household equipment and tools,
all personal possessions, including, but not limited to,
clothing, pets, personal health aids, medications,
computers or similar electronic devices and telephones,
except that a creditor may obtain court permission to levy
on any item of furniture, appliance, electronic device,
yard equipment, precious item, utensils, set of utensils,
or any other item exempt under this subsection that has a
resale value of more than $5,000 unless that item is
exempt under another provision of this Section. The debtor
may exempt one piece of jewelry up to a value of $5,000 The
necessary wearing apparel, bible, school books, and family
pictures of the debtor and the debtor's dependents;
(b) The debtor's equity interest, not to exceed $4,000
in value, of which $1,000 is an automatic exemption
pursuant to Section 12-1001.1, in any other property;
(c) The debtor's interest, not to exceed $3,600 $2,400

SB1738 - 60 - LRB104 08986 JRC 19042 b
in value, in any one motor vehicle;
(d) The debtor's equity interest, not to exceed $2,250
$1,500 in value, in any implements, professional books, or
tools of the trade of the debtor;
(e) Professionally prescribed health aids for the
debtor or a dependent of the debtor;
(f) All proceeds payable because of the death of the
insured and the aggregate net cash value of any or all life
insurance and endowment policies and annuity contracts
payable to a wife or husband of the insured, or to a child,
parent, or other person dependent upon the insured, or to
a revocable or irrevocable trust which names the wife or
husband of the insured or which names a child, parent, or
other person dependent upon the insured as the primary
beneficiary of the trust, whether the power to change the
beneficiary is reserved to the insured or not and whether
the insured or the insured's estate is a contingent
beneficiary or not;
(g) The debtor's right to receive:
(1) a social security benefit, unemployment
compensation, or public assistance benefit;
(2) a veteran's benefit;
(3) a disability, illness, or unemployment
benefit; and
(4) alimony, support, or separate maintenance, to
the extent reasonably necessary for the support of the

SB1738 - 61 - LRB104 08986 JRC 19042 b
debtor and any dependent of the debtor.
(h) The debtor's right to receive, or property that is
traceable to:
(1) an award under a crime victim's reparation
law;
(2) a payment on account of the wrongful death of
an individual of whom the debtor was a dependent, to
the extent reasonably necessary for the support of the
debtor;
(3) a payment under a life insurance contract that
insured the life of an individual of whom the debtor
was a dependent, to the extent reasonably necessary
for the support of the debtor or a dependent of the
debtor;
(4) a payment, not to exceed $22,500 $15,000 in
value, on account of personal bodily injury of the
debtor or an individual of whom the debtor was a
dependent; and
(5) any restitution payments made to persons
pursuant to the federal Civil Liberties Act of 1988
and the Aleutian and Pribilof Island Restitution Act,
P.L. 100-383.
For purposes of this subsection (h), a debtor's right
to receive an award or payment shall be exempt for a
maximum of 2 years after the debtor's right to receive the
award or payment accrues; property traceable to an award

SB1738 - 62 - LRB104 08986 JRC 19042 b
or payment shall be exempt for a maximum of 5 years after
the award or payment accrues; and an award or payment and
property traceable to an award or payment shall be exempt
only to the extent of the amount of the award or payment,
without interest or appreciation from the date of the
award or payment.
(i) The debtor's right to receive an award under Part
20 of Article II of this Code relating to crime victims'
awards.
(j) Moneys held in an account invested in the Illinois
College Savings Pool of which the debtor is a participant
or donor and funds invested in an ABLE Account as defined
by Section 529 of the Internal Revenue Code, except the
following non-exempt contributions:
(1) any contribution to such account by the debtor
as participant or donor that is made with the actual
intent to hinder, delay, or defraud any creditor of
the debtor;
(2) any contributions to such account by the
debtor as participant during the 365 day period prior
to the date of filing of the debtor's petition for
bankruptcy that, in the aggregate during such period,
exceed the amount of the annual gift tax exclusion
under Section 2503(b) of the Internal Revenue Code of
1986, as amended, in effect at the time of
contribution; or

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(3) any contributions to such account by the
debtor as participant during the period commencing 730
days prior to and ending 366 days prior to the date of
filing of the debtor's petition for bankruptcy that,
in the aggregate during such period, exceed the amount
of the annual gift tax exclusion under Section 2503(b)
of the Internal Revenue Code of 1986, as amended, in
effect at the time of contribution.
For purposes of this subsection (j), "account"
includes all accounts for a particular designated
beneficiary, of which the debtor is a participant or
donor.
Money due the debtor from the sale of any personal
property that was exempt from judgment, attachment, or
distress for rent at the time of the sale is exempt from
attachment and garnishment to the same extent that the
property would be exempt had the same not been sold by the
debtor.
If a debtor owns property exempt under this Section and he
or she purchased that property with the intent of converting
nonexempt property into exempt property or in fraud of his or
her creditors, that property shall not be exempt from
judgment, attachment, or distress for rent. Property acquired
within 6 months of the filing of the petition for bankruptcy
shall be presumed to have been acquired in contemplation of
bankruptcy.

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The personal property exemptions set forth in this Section
shall apply only to individuals and only to personal property
that is used for personal rather than business purposes. The
personal property exemptions set forth in this Section shall
not apply to or be allowed against any money, salary, or wages
due or to become due to the debtor that are required to be
withheld in a wage deduction proceeding under Part 8 of this
Article XII.
(Source: P.A. 100-922, eff. 1-1-19.)
(735 ILCS 5/12-1001.1 new)
Sec. 12-1001.1. Automatic exemption.
(a) "Automatic exemption" means the right of a judgment
debtor, against whom a consumer debt judgment as defined in
paragraph (1) of subsection (b) of Section 2-1303 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 or savings deposit account by a third party
citation respondent or garnishee immediately upon entry of the
consumer debt judgment and before the entry of an order of the
court (i) confirming the judgment debtor's personal property
exemption in that sum of money, or (ii) otherwise directing
the turnover of the funds to the judgment creditor. The
automatic exemption is part of the judgment debtor's equity
interest, not to exceed $4,000 in value, in any property under
subsection (b) of Section 12-1001.

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(b) The judgment debtor's right to receive the automatic
exemption expires on the return date, and the unspent portion
of the automatic exemption shall be subject to the entry of an
order by the court directing its turnover to the judgment
creditor to be applied towards satisfaction of the judgment.
(c) The lien imposed by subsection (m) of Section 2-1402
with respect to a citation or subsection (a) of Section 12-707
with respect to a garnishment shall not apply to the automatic
exemption prior to the return date.
(d) A third party citation respondent shall exclude the
amount of the automatic exemption when withholding the payment
of moneys sought to be enforced by the judgment creditor
pursuant to paragraph (1) of subsection (f) of Section 2-1402.
(e) If a third party citation respondent or garnishee is
ordered to turn over funds of the judgment debtor held in a
checking or savings deposit account in its possession, it
shall not be obligated to turn over funds in excess of the
amount it is holding on the date that it processes the turnover
order, irrespective of the account balance on the date of the
judgment, the date of its answers to the citation or
garnishment, or the return date. The turnover order shall
operate to serve as a dismissal of the citation or garnishment
and release of the judgment against the third party citation
respondent or garnishee, upon the receipt of the turnover
funds by the judgment creditor or its attorney.
(f) If the judgment debtor or the judgment debtor's

SB1738 - 66 - LRB104 08986 JRC 19042 b
attorney does not appear on the return date to claim the
judgment debtor's equity interest, not to exceed $4,000, in
any personal property held by the third party citation
respondent or garnishee, the court may enter an order
directing the turnover of the funds, including the automatic
exemption or any remaining portion thereof, to the judgment
creditor.
(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
Sec. 13-218. Revival of judgment. A petition to revive a
judgment, as provided by Section 2-1601 of this Code, may be
filed no later than 20 years next after the date of entry of
such judgment. The provisions of this amendatory Act of the
96th General Assembly are declarative of existing law. This
Section does not apply to consumer debt judgments that are
subject to the standards and procedures set forth in
subsection (a-10) of 2-1602.
(Source: P.A. 96-305, eff. 8-11-09.)
Section 99. Effective date. This Act takes effect January
1, 2026.
SB1738 - 67 - LRB104 08986 JRC 19042 b
INDEX
Statutes amended in order of appearance
705 ILCS 105/27.1b
735 ILCS 5/2-1402 from Ch. 110, par. 2-1402
735 ILCS 5/2-1402.1 new
735 ILCS 5/2-1602
735 ILCS 5/12-108 from Ch. 110, par. 12-108
735 ILCS 5/12-705 from Ch. 110, par. 12-705
735 ILCS 5/12-705.1 new
735 ILCS 5/12-707 from Ch. 110, par. 12-707
735 ILCS 5/12-708 from Ch. 110, par. 12-708
735 ILCS 5/12-901 from Ch. 110, par. 12-901
735 ILCS 5/12-904 from Ch. 110, par. 12-904
735 ILCS 5/12-906 from Ch. 110, par. 12-906
735 ILCS 5/12-909 from Ch. 110, par. 12-909
735 ILCS 5/12-910 from Ch. 110, par. 12-910
735 ILCS 5/12-911 from Ch. 110, par. 12-911
735 ILCS 5/12-912 from Ch. 110, par. 12-912
735 ILCS 5/12-1001 from Ch. 110, par. 12-1001
735 ILCS 5/12-1001.1 new
735 ILCS 5/13-218 from Ch. 110, par. 13-218