Sen. Ira I. Silverstein

Filed: 3/10/2016

 

 


 

 


 
09900SB2845sam003LRB099 20073 HEP 46124 a

1
AMENDMENT TO SENATE BILL 2845

2    AMENDMENT NO. ______. Amend Senate Bill 2845 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Code of Civil Procedure is amended by
5changing Sections 2-1602, 4-107, and 12-183 and by adding
6Section 5-127 as follows:
 
7    (735 ILCS 5/2-1602)
8    Sec. 2-1602. Revival of judgment.
9    (a) A judgment may be revived by filing a petition to
10revive the judgment, serving the petition, and entering an
11order for revival in the seventh year after its entry, or in
12the seventh year after its last revival, or in the twentieth
13year after its entry, or at any other time within 20 years
14after its entry if the judgment becomes dormant. The provisions
15of this amendatory Act of the 96th General Assembly are
16declarative of existing law.

 

 

09900SB2845sam003- 2 -LRB099 20073 HEP 46124 a

1    (b) A petition to revive a judgment shall be filed in the
2original case in which the judgment was entered. The petition
3shall include a statement as to the original date and amount of
4the judgment, court costs expended, accrued interest, and
5credits to the judgment, if any.
6    (c) Service of notice of the petition to revive a judgment
7shall be made in accordance with Supreme Court Rule 106.
8    (d) An order reviving a judgment shall be for the original
9amount of the judgment. The plaintiff may recover interest and
10court costs from the date of the original judgment. Credits to
11the judgment shall be reflected by the plaintiff in
12supplemental proceedings or execution.
13    (e) If a judgment debtor has filed for protection under the
14United States Bankruptcy Code and failed to successfully
15adjudicate and remove a lien filed by a judgment creditor, then
16the judgment may be revived only as to the property to which a
17lien attached before the filing of the bankruptcy action.
18    (f) A judgment may be revived as to fewer than all judgment
19debtors, and such order for revival of judgment shall be final,
20appealable, and enforceable.
21    (g) This Section does not apply to a child support judgment
22or to a judgment recovered in an action for damages for an
23injury described in Section 13-214.1, which need not be revived
24as provided in this Section and which may be enforced at any
25time as provided in Section 12-108.
26    (h) If a judgment becomes dormant during the pendency of an

 

 

09900SB2845sam003- 3 -LRB099 20073 HEP 46124 a

1enforcement 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 includes
5a wage deduction order or turn over order and is against an
6employer, garnishee, or other third party respondent.
7(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
 
8    (735 ILCS 5/4-107)  (from Ch. 110, par. 4-107)
9    Sec. 4-107. Bond. After Before the entry of an order for
10attachment, as hereinabove stated, the court shall take bond
11and sufficient security, payable to the People of the State of
12Illinois, for the use of the person or persons interested in
13the property attached, in double the sum sworn to be due,
14conditioned for satisfying all costs which may be awarded to
15such defendant, or to any others interested in the proceedings,
16and all damages and costs which shall be recovered against the
17plaintiff, for wrongfully obtaining the attachment order,
18which bond, with affidavit of the party complaining, or his,
19her or its agent or attorney, shall be filed in the court
20entering the order for attachment. Every order for attachment
21entered without a bond and affidavit taken, is hereby declared
22illegal and void, and shall be dismissed. Nothing herein
23contained shall be construed to require the State of Illinois,
24or any Department of Government thereof, or any State officer,
25to file a bond as plaintiff in any proceeding instituted under

 

 

09900SB2845sam003- 4 -LRB099 20073 HEP 46124 a

1Part 1 of Article IV of this Act.
2(Source: P.A. 83-707.)
 
3    (735 ILCS 5/5-127 new)
4    Sec. 5-127. Charges relating to electronic filing. All
5charges relating to the electronic filing of cases and
6pleadings, imposed by the court, clerk of the court, county, or
7a person with whom the court, clerk, or county may contract,
8are taxable as court costs.
 
9    (735 ILCS 5/12-183)  (from Ch. 110, par. 12-183)
10    Sec. 12-183. Release of judgment.
11    (a) Every judgment creditor, his or her assignee of record
12or other legal representative having received full
13satisfaction or payment of all such sums of money as are really
14due to him or her from the judgment debtor on any judgment
15rendered in a court shall, at the request of the judgment
16debtor or his or her legal representative, execute and deliver
17to the judgment debtor or his or her legal representative an
18instrument in writing releasing such judgment.
19    (b) If the judgment creditor, his or her assigns of record
20or other legal representative to whom tender has been made of
21all sums of money due him or her from the judgment debtor
22including interest, on any judgment entered by a court,
23wilfully fails or refuses, at the request of the judgment
24debtor or his or her legal representative to execute and

 

 

09900SB2845sam003- 5 -LRB099 20073 HEP 46124 a

1deliver to the judgment debtor or his or her legal
2representative an instrument in writing releasing such
3judgment, the judgment debtor may petition the court in which
4such judgment is of record, making tender therewith to the
5court of all sums due in principal and interest on such
6judgment, for the use of the judgment creditor, his or her
7executors, administrators or assigns, whereupon the court
8shall enter an order satisfying the judgment and releasing all
9liens based on such judgment.
10    (c) For the recording of assignment of any judgment the
11clerk of the court in which such judgment is of record is
12allowed a fee of $2.
13    (d) A satisfaction of a judgment may be delivered to the
14judgment debtor, his or her attorney or to the clerk of the
15court in which such judgment is of record.
16    (e) The clerk shall not be allowed any fee for recording
17the satisfaction of judgment. The clerk of the court shall make
18appropriate notation on the judgment docket of the book and
19page where any release or assignment of any judgment is
20recorded.
21    (f) No judgment shall be released of record except by an
22instrument in writing recorded in the court in which such
23judgment is of record. However, nothing contained in this
24Section affects in any manner the validity of any release of
25judgment made, prior to January 1, 1952, in judgment and
26execution dockets by the judgment creditor, his or her

 

 

09900SB2845sam003- 6 -LRB099 20073 HEP 46124 a

1attorney, assignee or other legal representative.
2    (g) The writ of audita querela is abolished and all relief
3heretofore obtainable and grounds for such relief heretofore
4available, whether by the writ of audita querela or otherwise,
5shall be available in every case by petition hereunder,
6regardless of the nature of the order or judgment from which
7relief is sought or of the proceeding in which it was entered.
8There shall be no distinction between actions and other
9proceedings, statutory or otherwise, as to availability of
10relief, grounds for relief or relief obtainable. The petition
11shall be filed in the same proceeding in which the order or
12judgment was entered and shall be supported by affidavit or
13other appropriate showing as to matters not of record. All
14parties to the petition shall be notified as provided by rule.
15    (h) Upon the filing of a release or satisfaction in full
16satisfaction of judgment, signed by the party in whose favor
17the judgment was entered or his or her attorney, the court may
18shall vacate the judgment, and dismiss the action.
19    (i) Any judgment arising out of an order for support shall
20not be a judgment to the extent of payments made as evidenced
21by the records of the Clerk of the Circuit Court or State
22agency receiving payments pursuant to the order. In the event
23payments made pursuant to that order are not paid to the Clerk
24of the Circuit Court or a State agency, then any judgment
25arising out of each order for support may be released in the
26following manner:

 

 

09900SB2845sam003- 7 -LRB099 20073 HEP 46124 a

1        (1) A Notice of Filing and an affidavit stating that
2    all installments of child support required to be paid
3    pursuant to the order under which the judgment or judgments
4    were entered have been paid shall be filed with the office
5    of the court or agency entering said order for support,
6    together with proof of service of such notice and affidavit
7    upon the recipient of such payments.
8        (2) Service of such affidavit shall be by any means
9    authorized under Sections 2-203 and 2-208 of the Code of
10    Civil Procedure or under Supreme Court Rules 11 or 105(b).
11        (3) The Notice of Filing shall set forth the name and
12    address of the judgment debtor and the judgment creditor,
13    the court file number of the order giving rise to the
14    judgment and, in capital letters, the following statement:
15        YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
16    ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK OF
17    THE CIRCUIT COURT OF .... COUNTY, ILLINOIS, WHOSE ADDRESS
18    IS ........, ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF
19    THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
20    SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE
21    ABOVE OFFICE, THE SAID JUDGMENTS WILL BE DEEMED TO BE
22    SATISFIED AND NOT ENFORCEABLE. THE SATISFACTION WILL NOT
23    PREVENT YOU FROM ENFORCING THE ORDER FOR SUPPORT THROUGH
24    THE COURT.
25        (4) If no affidavit objecting to the satisfaction of
26    the judgment or judgments is filed within 28 days of the

 

 

09900SB2845sam003- 8 -LRB099 20073 HEP 46124 a

1    Notice described in paragraph (3) of this subsection (i),
2    such judgment or judgments shall be deemed to be satisfied
3    and not enforceable.
4(Source: P.A. 91-357, eff. 7-29-99.)
 
5    (735 ILCS 5/12-170 rep.)
6    (735 ILCS 5/12-171 rep.)
7    (735 ILCS 5/12-172 rep.)
8    (735 ILCS 5/12-173 rep.)
9    (735 ILCS 5/12-174 rep.)
10    (735 ILCS 5/12-175 rep.)
11    Section 10. The Code of Civil Procedure is amended by
12repealing Sections 12-170, 12-171, 12-172, 12-173, 12-174, and
1312-175.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".