Illinois General Assembly - Bill Status for SB2138
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 Bill Status of SB2138  95th General Assembly

Short Description:  CIV PRO-RELEASE PAID JUDGMENT

Senate Sponsors
Sen. Dave Syverson

Last Action
DateChamber Action
  1/13/2009SenateSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/12-183from Ch. 110, par. 12-183


Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that every judgment creditor to whom tender has been made of all sums due to him or her, including interest, from the judgment debtor shall file with the circuit court clerk a written release or satisfaction of the judgment within 30 days after the receipt of all moneys due. Effective January 1, 2009.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Code of Civil Procedure. Deletes language providing that, upon the filing of a release or satisfaction in full satisfaction of judgment, signed by the party in whose favor the judgment was entered or the party's attorney, the court shall vacate the judgment and dismiss the action. Adds language providing that a release or satisfaction of judgment shall include the following: "This release should be filed in the Office of the Clerk of the Circuit Court in order to clear court records. The Clerk of the Circuit Court shall not assess any fee or charge for the filing of a release or satisfaction of judgment. If the judgment has been recorded in the Office of the County Recorder of Deeds, a copy of this release should also be recorded. The County Recorder of Deeds may assess a fee for recording a release or satisfaction of judgment. FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER IN WHOSE OFFICE THE LIEN WAS FILED. It is the responsibility of the defendant to record the release." Effective January 1, 2009.

Senate Floor Amendment No. 2
Deletes language that provided that a release or satisfaction of judgment shall include the following: "FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE FILED WITH THE RECORDER IN WHOSE OFFICE THE LIEN WAS FILED.".

Actions 
DateChamber Action
  2/14/2008SenateFiled with Secretary by Sen. Dave Syverson
  2/14/2008SenateFirst Reading
  2/14/2008SenateReferred to Rules
  2/20/2008SenateAssigned to Judiciary Civil Law
  2/28/2008SenateHeld in Judiciary Civil Law
  3/6/2008SenateHeld in Judiciary Civil Law
  3/7/2008SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dave Syverson
  3/7/2008SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2008SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary Civil Law
  3/11/2008SenateSenate Committee Amendment No. 1 Adopted
  3/13/2008SenateDo Pass as Amended Judiciary Civil Law; 009-000-000
  3/13/2008SenatePlaced on Calendar Order of 2nd Reading April 1, 2008
  3/31/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Dave Syverson
  3/31/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Civil Law
  4/3/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Civil Law; 008-000-000
  4/16/2008SenateSecond Reading
  4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Syverson
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading April 17, 2008
  7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  1/13/2009SenateSession Sine Die

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