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| Public Act 101-0168 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 2-1303, 2-1602, and 12-108 as follows:
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(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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Sec. 2-1303. Interest on judgment. | ||||
(a) Except as provided in subsection (b), judgments | ||||
Judgments recovered in
any court shall draw interest at the | ||||
rate of 9% per annum from the date
of the judgment until | ||||
satisfied or 6% per annum when the judgment debtor is a unit
of | ||||
local government, as defined in Section 1 of Article VII of the | ||||
Constitution,
a school district, a community college district, | ||||
or any other governmental
entity. When judgment is entered upon | ||||
any award, report or verdict, interest
shall be computed at the | ||||
above rate, from the time when made or rendered
to the time of | ||||
entering judgment upon the same, and included in the judgment.
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Interest shall be computed and charged only on the unsatisfied | ||||
portion of
the judgment as it exists from time to time. The | ||||
judgment debtor may by
tender of payment of judgment, costs and | ||||
interest
accrued to the date of tender, stop the further | ||||
accrual of interest on such
judgment notwithstanding the | ||||
prosecution of an appeal, or other steps to
reverse, vacate or | ||||
modify the judgment.
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(b)(1) As used in this Section: | ||
"Consumer debt" means money or property, or the equivalent, | ||
due or owing, or alleged to be due or owing, from a natural | ||
person by reason of a transaction in which property, services, | ||
or money is acquired by that natural person primarily for | ||
personal, family, or household purposes. | ||
"Consumer debt judgment" means a judgment recovered in any | ||
court against one or more natural persons arising out of | ||
consumer debt. "Consumer debt judgment" does not include any | ||
compensation for bodily injury or death, nor any judgment | ||
entered where the debt is guaranteed by or contains a joint and | ||
several liability provision between a natural person and a | ||
business, whether or not that business is legally constituted | ||
under the laws of this State or any other state. | ||
(2) Notwithstanding subsection (a), consumer debt | ||
judgments of $25,000 or less shall draw interest from the date | ||
of the judgment until satisfied at the rate of 5% per annum. | ||
(3) The judgment debtor may, by tender of payment of | ||
judgment, costs, and interest accrued to the date of tender, | ||
stop the further accrual of interest on the consumer debt | ||
judgment, notwithstanding the prosecution of an appeal, or | ||
other steps to reverse, vacate, or modify the judgment. | ||
(4) This subsection applies to all consumer debt judgments | ||
entered into after the effective date of this amendatory Act of | ||
the 101st General Assembly. | ||
(Source: P.A. 85-907.)
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(735 ILCS 5/2-1602)
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Sec. 2-1602. Revival of judgment.
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(a) Except as provided in subsection (a-5), a 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 any other
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.
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(a-5) A consumer debt judgment as defined in subsection (b) | ||
of Section 2-1303 may 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 | ||
original
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.
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(c) Service of notice of the petition to revive a judgment | ||
shall
be made in accordance with Supreme Court Rule 106.
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(d) An order reviving a judgment shall be for the original | ||
amount
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.
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(e) If a judgment debtor has filed for protection under the | ||
United
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
the bankruptcy action.
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(f) A judgment may be revived as to fewer than all judgment
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debtors, and such order for revival of judgment shall be final,
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appealable, and enforceable.
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(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,
which
need not be revived | ||
as provided in this Section and which may be enforced at
any | ||
time as
provided in Section 12-108.
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(h) If a judgment becomes dormant during the pendency of 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 respondent. | ||
(Source: P.A. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
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Sec. 12-108. Limitation on enforcement.
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(a) Except as herein provided,
no judgment shall be | ||
enforced after the expiration of 7 years from the time
the same | ||
is rendered, except upon the revival of the same by a | ||
proceeding
provided by Section 2-1601 of this Act; but real | ||
estate, levied upon within
the 7 years, may be sold to enforce | ||
the judgment at any time within one
year after the expiration | ||
of the 7 years. A judgment recovered in an
action for damages | ||
for an injury described in Section 13-214.1 may be
enforced at | ||
any time.
Child support judgments, including those arising by | ||
operation of law, may be
enforced at any time.
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(b) No judgment shall be enforced against a police officer | ||
employed by
a municipality if the corporate authority of the | ||
municipality files with the
clerk of the court in which the | ||
judgment was entered a statement certifying:
(1) such police | ||
officer was employed by the municipality and was within
the | ||
scope and course of his employment at the time of the | ||
occurrence giving
rise to the action in which the judgment is | ||
entered and (2) the municipality
indemnifies the police officer | ||
in the amount of the judgment and interest
thereon. In such | ||
event, the judgment creditor may enforce the judgment
against | ||
the municipality in the same manner and to the same extent as | ||
if
the municipality were the judgment debtor.
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(c) If a judgment or a consumer debt judgment becomes | ||
dormant during the pendency of an enforcement proceeding | ||
against wages under of Part 14 of Article II or Part 8 of | ||
Article XII, the enforcement may continue to conclusion if 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 respondent. | ||
(Source: P.A. 90-18, eff. 7-1-97.)
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