Bill Status of SB 1705   97th General Assembly


Short Description:  CIV PRO-STAY MONEY JUDGMENT

Senate Sponsors
Sen. Matt Murphy

Last Action  View All Actions

DateChamber Action
  1/8/2013SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-1306 new
735 ILCS 5/2-1307 new

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a court may stay the execution on a money judgment, if the judgment debtor furnishes the judgment creditor with the required amount of security. Provides that the required amount of security is the lesser of: the sum of the judgment, interest pending appeal, and costs; 25% of the judgment debtor's net worth; or $25 million. Provides that a court may lower the required amount of security if a judgment debtor shows that the debtor is likely to sustain substantial economic harm if required to post the required security. Provides that a court may increase the required amount of security if a judgment creditor shows that a judgment debtor who obtained a stay is dissipating assets or diverting assets outside of the United States in other than the ordinary course of business. Provides that an appellate court may review the required amount of security, but may not increase it above the statutory limit. Provides that the new provisions apply to any action in which a money judgment is entered after the effective date. Effective immediately.

Actions 
DateChamber Action
  2/9/2011SenateFiled with Secretary by Sen. Matt Murphy
  2/9/2011SenateFirst Reading
  2/9/2011SenateReferred to Assignments
  2/23/2011SenateAssigned to Judiciary
  3/1/2011SenatePostponed - Judiciary
  3/10/2011SenateTo Judiciary Subcommittee on Civil Process and Procedure
  3/18/2011SenateRule 3-9(a) / Re-referred to Assignments
  1/8/2013SenateSession Sine Die

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