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| 1 | AN ACT concerning civil law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | changing Section 9-117 as follows:
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| 6 | (735 ILCS 5/9-117) (from Ch. 110, par. 9-117)
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| 7 | Sec. 9-117. Expiration of Judgment. No judgment for | ||||||
| 8 | possession
obtained in an action brought under this Article may | ||||||
| 9 | be enforced more than 120
days after judgment is entered, | ||||||
| 10 | unless upon motion by the plaintiff
the court grants an | ||||||
| 11 | extension of the period of enforcement of the judgment.
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| 12 | Plaintiff's notice of motion shall contain the following notice | ||||||
| 13 | directed
to the defendant:
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| 14 | "The plaintiff in this case Your landlord, (insert | ||||||
| 15 | name), obtained an eviction judgment against
you on (insert | ||||||
| 16 | date), but the sheriff did not evict you within the 120 | ||||||
| 17 | days
that the plaintiff landlord has to evict after a | ||||||
| 18 | judgment in court. On the date
stated in this notice, the | ||||||
| 19 | plaintiff your landlord will be asking the court to allow | ||||||
| 20 | the
sheriff to evict you based on that judgment. You must | ||||||
| 21 | attend the court
hearing if you want the court to stop the | ||||||
| 22 | plaintiff landlord from having you evicted.
To prevent the | ||||||
| 23 | eviction, you must be able to prove that (1) the plaintiff | ||||||
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| 1 | landlord
and you made an agreement after the judgment (for | ||||||
| 2 | instance, to pay up back
rent or to comply with the lease) | ||||||
| 3 | and you have lived up to the agreement;
or (2) the reason | ||||||
| 4 | the plaintiff landlord brought the original eviction case | ||||||
| 5 | has been
resolved or forgiven, and the eviction the | ||||||
| 6 | plaintiff landlord now wants the court to
grant is based on | ||||||
| 7 | a new or different reason; or (3) that you have another
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| 8 | legal or equitable reason why the court should not grant | ||||||
| 9 | the plaintiff's landlord's
request for your eviction."
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| 10 | The court shall grant the motion for the extension of the | ||||||
| 11 | judgment of
possession unless the defendant establishes that | ||||||
| 12 | the tenancy has been
reinstated, that the breach upon which the | ||||||
| 13 | judgment was issued has
been cured or waived, that the | ||||||
| 14 | plaintiff and defendant entered into a
post-judgment agreement | ||||||
| 15 | whose terms the defendant has performed, or that
other legal or | ||||||
| 16 | equitable grounds exist that bar enforcement of the judgment.
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| 17 | This Section does not apply to any action based upon a breach | ||||||
| 18 | of a contract
entered into on or after July 1, 1962, for the | ||||||
| 19 | purchase of premises in
which the court has entered a stay | ||||||
| 20 | under Section 9-110; nor shall this
Section apply to any action | ||||||
| 21 | to which the provisions of Section 9-111 apply;
nor shall this | ||||||
| 22 | Section affect the rights of Boards of Managers under
Section | ||||||
| 23 | 9-104.2.
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| 24 | (Source: P.A. 96-60, eff. 7-23-09.)
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