Bill Status of HB 3478   97th General Assembly


Short Description:  CIV PRO-JUDGMENT-REVIVAL

House Sponsors
Rep. Sidney H. Mathias

Senate Sponsors
(Sen. Ira I. Silverstein)


Last Action  View All Actions

DateChamber Action
  8/12/2011HousePublic Act . . . . . . . . . 97-0350

Statutes Amended In Order of Appearance
735 ILCS 5/2-1402from Ch. 110, par. 2-1402
735 ILCS 5/2-1602
735 ILCS 5/12-101from Ch. 110, par. 12-101
735 ILCS 5/12-112.5 new
735 ILCS 5/12-652from Ch. 110, par. 12-652
755 ILCS 5/18-12from Ch. 110 1/2, par. 18-12

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that 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 land trust. Provides that this type of lien survives the termination of the citation proceedings and remains as a lien against the personal property. Provides that if the judgment is revived before dormancy, the lien shall remain. Provides that a lien against personal property may be recorded in the recorder's office or filed pursuant to the Uniform Commercial Code. Provides that if a statute or case requires or permits a judgment creditor to use the remedy of a charging order, this remedy may be obtained by using an enforcement procedure under the Act and provides that if the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens. Amends the Probate Act of 1975. Modifies provision that states that all claims against an estate are barred 2 years after decedent's death, by adding an exception that states: if the estate is opened 21 months after the date of death or later, a claim must be filed not less than 6 months after the first notice is published or 3 months from the date of mailing or delivery of the required notice, whichever is later.

House Floor Amendment No. 1
Deletes reference to:
755 ILCS 5/18-12

Further amends the Code of Civil Procedure. Provides that a foreign judgment filed or registered under the Act shall be construed to be an original Illinois judgment (instead of shall be an original Illinois judgment) from the date it is filed with the clerk. Deletes changes to the Probate Act of 1975. Makes other changes.

Actions 
DateChamber Action
  2/24/2011HouseFiled with the Clerk by Rep. Sidney H. Mathias
  2/24/2011HouseFirst Reading
  2/24/2011HouseReferred to Rules Committee
  3/1/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/9/2011HouseDo Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/9/2011HousePlaced on Calendar 2nd Reading - Short Debate
  3/10/2011HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Sidney H. Mathias
  3/10/2011HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/15/2011HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000
  3/17/2011HouseSecond Reading - Short Debate
  3/17/2011HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/17/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/1/2011HouseThird Reading - Short Debate - Passed 105-000-000
  4/6/2011SenateArrive in Senate
  4/6/2011SenatePlaced on Calendar Order of First Reading
  4/6/2011SenateChief Senate Sponsor Sen. Ira I. Silverstein
  4/7/2011SenateFirst Reading
  4/7/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Judiciary
  5/10/2011SenateDo Pass Judiciary; 008-000-000
  5/10/2011SenatePlaced on Calendar Order of 2nd Reading May 11, 2011
  5/12/2011SenateSecond Reading
  5/12/2011SenatePlaced on Calendar Order of 3rd Reading May 13, 2011
  5/17/2011SenateThird Reading - Passed; 057-000-000
  5/17/2011HousePassed Both Houses
  6/15/2011HouseSent to the Governor
  8/12/2011HouseGovernor Approved
  8/12/2011HouseEffective Date January 1, 2012
  8/12/2011HousePublic Act . . . . . . . . . 97-0350

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