92nd General Assembly
Summary of SB0039
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Senate Sponsors:
SILVERSTEIN.

House Sponsors:
LANG

Short description: 
CIV PRO-REVIVAL OF JUDGMENT                                                

Synopsis of Bill as introduced:
        Amends the Code of Civil Procedure.  Provides that a judgment may      
   be revived in the seventh year after its entry, or in the seventh year      
   after its last revival, or at any  other  time  thereafter  within  20      
   years after its entry, and sets forth the procedures for doing so.          
        SENATE AMENDMENT NO. 1.                                                
          Adds reference to:                                                   
          735 ILCS 5/2-1601                                                    
          735 ILCS 5/12-101                                                    
        Deletes everything. Amends the Code of Civil Procedure. Reinserts      
   the provisions of the bill, except removes provisions concerning            
   recording a memorandum of judgment. Provides that relief formerly           
   available by scire facias is available using the procedures for             
   revival of a judgment against real estate. Provides for revival of a        
   judgment in connection with maintaining a judgment lien on real             
   estate. Effective immediately.                                              
        SENATE AMENDMENT NO. 2.                                                
        Provides that a lien of judgment may be foreclosed by  an  action      
   brought in the name of the judgment creditor or its assignee of record      
   under  Article XV of the Code of Civil Procedure in the same manner as      
   a mortgage of real property.                                                
        HOUSE AMENDMENT NO. 1.  (House recedes May 31, 2002)                   
        With respect to the amendatory provision that a lien of  judgment      
   may  be  foreclosed in the same manner as a mortgage of real property,      
   provides that the redemption period shall be 6 months from the date of      
   sale and that the real estate homestead exemption shall apply.              
        CONFERENCE COMMITTEE REPORT NO. 1.                                     
        Recommends that the House recede from House Amendment No. 1.           
        Recommends that the bill be amended as follows:                        
        Replaces everything after the enacting clause with the provisions      
   of the engrossed bill, except for the following changes: (1)  provides      
   that the amendatory provisions concerning revival of a judgment do not      
   apply  to  a  child  support judgment or to a judgment recovered in an      
   action for damages for an injury arising out of certain criminal acts,      
   which may  be  enforced  at  any  time;  and  (2)  provides  that  the      
   redemption  period  in  connection  with  the foreclosure of a lien of      
   judgment against real estate shall be 6 months from the date  of  sale      
   and  that  the  real estate homestead exemption shall apply. Effective      
   immediately.                                                                
 
Last action on Bill: PUBLIC ACT.............................. 92-0817

   Last action date: AUG-21-2002

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


   END OF INQUIRY 



 Full Text  Bill Status