Illinois General Assembly - Full Text of SB3166
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Full Text of SB3166  99th General Assembly




SB3166 EngrossedLRB099 17233 HEP 45360 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 9-117 as follows:
6    (735 ILCS 5/9-117)  (from Ch. 110, par. 9-117)
7    Sec. 9-117. Expiration of Judgment. No judgment for
8possession obtained in an action brought under this Article may
9be enforced more than 120 days after judgment is entered,
10unless upon motion by the plaintiff the court grants an
11extension of the period of enforcement of the judgment.
12Plaintiff's notice of motion shall contain the following notice
13directed to the defendant:
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
17    days that the plaintiff landlord has to evict after a
18    judgment in court. On the date stated in this notice, the
19    plaintiff your landlord will be asking the court to allow
20    the sheriff to evict you based on that judgment. You must
21    attend the court hearing if you want the court to stop the
22    plaintiff landlord from having you evicted. To prevent the
23    eviction, you must be able to prove that (1) the plaintiff



SB3166 Engrossed- 2 -LRB099 17233 HEP 45360 b

1    landlord and you made an agreement after the judgment (for
2    instance, to pay up back rent or to comply with the lease)
3    and you have lived up to the agreement; or (2) the reason
4    the plaintiff landlord brought the original eviction case
5    has been resolved or forgiven, and the eviction the
6    plaintiff landlord now wants the court to grant is based on
7    a new or different reason; or (3) that you have another
8    legal or equitable reason why the court should not grant
9    the plaintiff's landlord's request for your eviction."
10    The court shall grant the motion for the extension of the
11judgment of possession unless the defendant establishes that
12the tenancy has been reinstated, that the breach upon which the
13judgment was issued has been cured or waived, that the
14plaintiff and defendant entered into a post-judgment agreement
15whose terms the defendant has performed, or that other legal or
16equitable grounds exist that bar enforcement of the judgment.
17This Section does not apply to any action based upon a breach
18of a contract entered into on or after July 1, 1962, for the
19purchase of premises in which the court has entered a stay
20under Section 9-110; nor shall this Section apply to any action
21to which the provisions of Section 9-111 apply; nor shall this
22Section affect the rights of Boards of Managers under Section
24(Source: P.A. 96-60, eff. 7-23-09.)