Full Text of HB4340 102nd General Assembly
HB4340 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 1/5/2022, by Rep. Dagmara Avelar
SYNOPSIS AS INTRODUCED:
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.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by
changing Section 2-1602 as follows:
(735 ILCS 5/2-1602)
Revival of judgment.
(a) Except as provided in subsection (a-5), a judgment may
be revived by filing a petition to revive the judgment in the
seventh year after its
entry, or in the seventh year after its
last revival, or in the twentieth year after its entry, or at
time within 20 years after its entry if the judgment
becomes dormant and by serving the petition and entering a
court order for revival as provided in the following
subsections. The provisions of this amendatory Act of the 96th
General Assembly are declarative of existing law.
(a-5) A consumer debt judgment
as defined in subsection
(b) of Section 2-1303
, entered on or after January 1, 2010
be revived by filing a petition to revive the consumer debt
judgment no later than 10 years after its entry and by serving
the petition and entering a court order for revival as
provided in this Section.
(b) A petition to revive a judgment shall be filed in the
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case in which the judgment was entered. The petition
shall include a
statement as to the original date and amount of
the judgment, court
costs expended, accrued interest, and
credits to the judgment, if any.
(c) Service of notice of the petition to revive a judgment
be made in accordance with Supreme Court Rule 106.
(d) An order reviving a judgment shall be for the original
of the judgment. The plaintiff may recover interest and
court costs from
the date of the original judgment. Credits to
the judgment shall be
reflected by the plaintiff in
supplemental proceedings or execution.
(e) If a judgment debtor has filed for protection under
States Bankruptcy Code and failed to successfully
adjudicate and remove
a lien filed by a judgment creditor,
then the judgment may be revived
only as to the property to
which a lien attached before the filing of
(f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be
appealable, and enforceable.
(g) This Section does not apply to a child support
judgment or to a judgment
recovered in an action for damages
for an injury described in Section 13-214.1,
need not be
revived as provided in this Section and which may be enforced
any time as
provided in Section 12-108.
(h) If a judgment becomes dormant during the pendency of
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an enforcement proceeding against wages under Part 14 of this
Article or under Article XII, the enforcement may continue to
conclusion without revival of the underlying judgment so long
as the enforcement is done under court supervision and
includes a wage deduction order or turn over order and is
against an employer, garnishee, or other third party
(Source: P.A. 101-168, eff. 1-1-20
This Act takes effect upon