Illinois General Assembly - Bill Status for HB0530

Amends the Code of Civil Procedure. Provides that if the court finds that a judgment debtor is a family supporter and entitled to relief, the court may prospectively reduce the interest rate on a judgment to a rate not lower than 3%, taking into consideration the needs of the judgment debtor's dependents and the judgment debtor's ability to meet those needs. Provides that any party may request a readjustment of a reduced interest rate on a judgment based on a relevant change in circumstances. Provides that a judgment debtor shall be notified that the court may reduce the amount of wages withheld and reduce the rate of interest on the judgment, if the court finds that the judgment debtor is a "family supporter" and the full wage garnishment would result in a denial of necessities to the judgment debtor's dependents who are disabled or under the age of 18. Provides that under the Act, (1) "family supporter" means a person who supports and resides with one or more dependent children under the age of 18 or a dependent disabled person and whose relationship with the dependent child or disabled person is that of parent, stepparent, son, daughter, sibling, uncle, aunt, grandparent, or guardian; and (2) "dependent" means a child under the age of 18 or disabled person who resides with and is supported by the judgment debtor.

Deletes everything after the enacting clause with provisions substantially similar to those in the bill except that the amendment provides that if the court finds that a judgment debtor is a family supporter, the court may prospectively reduce the amount of wages withheld or reduce the interest rate on a judgment to a rate not lower than 3%, taking into consideration the needs of the judgment debtor's dependent and the judgment debtor's ability to meet those needs. Provides that under the Act, (1) "family supporter" means an individual who actually supports and resides with one or more dependents; and (2) "dependent" means a child under the age of 18 who resides with and is supported by the judgment debtor or a disabled person who resides with and is supported by the judgment debtor and whose relationship with the judgment debtor is that of parent, stepparent, son, daughter, sibling, uncle, aunt, grandparent, or ward. Deletes language making certain changes in the amount subject to collection under a deduction order.

Deletes everything after the enacting clause with provisions substantially similar to those of the bill as amended by House Amendment No. 1, except: changes "wage garnishment" to "wage deduction"; makes the provisions added by the bill inoperative on and after January 1, 2013; and creates subsections that are operative on and after January 1, 2013 and revert to the law existing before the effective date of the amendatory Act. Effective January 1, 2011.

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