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Sen. John G. Mulroe
Filed: 3/30/2016
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| 1 | | AMENDMENT TO SENATE BILL 3166
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3166 by replacing |
| 3 | | everything after the enacting clause with the following:
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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 |
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| 1 | | days
that the plaintiff landlord has to evict after a |
| 2 | | judgment in court. On the date
stated in this notice, the |
| 3 | | plaintiff your landlord will be asking the court to allow |
| 4 | | the
sheriff to evict you based on that judgment. You must |
| 5 | | attend the court
hearing if you want the court to stop the |
| 6 | | plaintiff landlord from having you evicted.
To prevent the |
| 7 | | eviction, you must be able to prove that (1) the plaintiff |
| 8 | | landlord
and you made an agreement after the judgment (for |
| 9 | | instance, to pay up back
rent or to comply with the lease) |
| 10 | | and you have lived up to the agreement;
or (2) the reason |
| 11 | | the plaintiff landlord brought the original eviction case |
| 12 | | has been
resolved or forgiven, and the eviction the |
| 13 | | plaintiff landlord now wants the court to
grant is based on |
| 14 | | a new or different reason; or (3) that you have another
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| 15 | | legal or equitable reason why the court should not grant |
| 16 | | the plaintiff's landlord's
request for your eviction."
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| 17 | | The court shall grant the motion for the extension of the |
| 18 | | judgment of
possession unless the defendant establishes that |
| 19 | | the tenancy has been
reinstated, that the breach upon which the |
| 20 | | judgment was issued has
been cured or waived, that the |
| 21 | | plaintiff and defendant entered into a
post-judgment agreement |
| 22 | | whose terms the defendant has performed, or that
other legal or |
| 23 | | equitable grounds exist that bar enforcement of the judgment.
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| 24 | | This Section does not apply to any action based upon a breach |
| 25 | | of a contract
entered into on or after July 1, 1962, for the |
| 26 | | purchase of premises in
which the court has entered a stay |