State of Illinois
2021 and 2022


Introduced 1/5/2022, by Rep. Dagmara Avelar


735 ILCS 5/2-1602

    Amends the Code of Civil Procedure. Provides that a language concerning the revival of a consumer debt judgments applies to judgments entered on or after January 1, 2010. Effective immediately.

LRB102 22453 LNS 31593 b





HB4340LRB102 22453 LNS 31593 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1602 as follows:
6    (735 ILCS 5/2-1602)
7    Sec. 2-1602. Revival of judgment.
8    (a) Except as provided in subsection (a-5), a judgment may
9be revived by filing a petition to revive the judgment in the
10seventh year after its entry, or in the seventh year after its
11last revival, or in the twentieth year after its entry, or at
12any other time within 20 years after its entry if the judgment
13becomes dormant and by serving the petition and entering a
14court order for revival as provided in the following
15subsections. The provisions of this amendatory Act of the 96th
16General Assembly are declarative of existing law.
17    (a-5) A consumer debt judgment, as defined in subsection
18(b) of Section 2-1303, entered on or after January 1, 2010 may
19be revived by filing a petition to revive the consumer debt
20judgment no later than 10 years after its entry and by serving
21the petition and entering a court order for revival as
22provided in this Section.
23    (b) A petition to revive a judgment shall be filed in the



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1original case in which the judgment was entered. The petition
2shall include a statement as to the original date and amount of
3the judgment, court costs expended, accrued interest, and
4credits to the judgment, if any.
5    (c) Service of notice of the petition to revive a judgment
6shall be made in accordance with Supreme Court Rule 106.
7    (d) An order reviving a judgment shall be for the original
8amount of the judgment. The plaintiff may recover interest and
9court costs from the date of the original judgment. Credits to
10the judgment shall be reflected by the plaintiff in
11supplemental proceedings or execution.
12    (e) If a judgment debtor has filed for protection under
13the United States Bankruptcy Code and failed to successfully
14adjudicate and remove a lien filed by a judgment creditor,
15then the judgment may be revived only as to the property to
16which a lien attached before the filing of the bankruptcy
18    (f) A judgment may be revived as to fewer than all judgment
19debtors, and such order for revival of judgment shall be
20final, appealable, and enforceable.
21    (g) This Section does not apply to a child support
22judgment or to a judgment recovered in an action for damages
23for an injury described in Section 13-214.1, which need not be
24revived as provided in this Section and which may be enforced
25at any time as provided in Section 12-108.
26    (h) If a judgment becomes dormant during the pendency of



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1an enforcement proceeding against wages under Part 14 of this
2Article or under Article XII, the enforcement may continue to
3conclusion without revival of the underlying judgment so long
4as the enforcement is done under court supervision and
5includes a wage deduction order or turn over order and is
6against an employer, garnishee, or other third party
8(Source: P.A. 101-168, eff. 1-1-20.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.