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Public Act 099-0744
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| SB2845 Enrolled | LRB099 20073 HEP 44850 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Sections 2-1602, 4-107, and 12-183 and by adding |
Section 5-127 as follows:
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(735 ILCS 5/2-1602)
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Sec. 2-1602. Revival of judgment.
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(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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(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 |
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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. |
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(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
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(735 ILCS 5/4-107) (from Ch. 110, par. 4-107)
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Sec. 4-107. Bond. After Before the entry of an order for
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attachment, as hereinabove stated, the court shall
take bond |
and sufficient security, payable to the People of the State of
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Illinois, for the use of the person or persons interested in |
the
property attached, in double the sum sworn to be due, |
conditioned for
satisfying all costs which may be awarded to |
such defendant, or to any
others interested in the proceedings, |
and all damages and costs which
shall be recovered against the |
plaintiff, for wrongfully obtaining the
attachment order, |
which bond, with affidavit of the party complaining, or
his, |
her or its
agent or attorney, shall be filed in the court |
entering
the order for attachment. Every order for attachment |
entered
without a bond and affidavit
taken, is hereby declared |
illegal and void, and shall be dismissed.
Nothing herein |
contained shall be construed to
require the State of Illinois, |
or any Department of Government thereof,
or any State officer, |
to file a bond as plaintiff in any proceeding
instituted under |
Part 1 of Article IV of this Act.
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(Source: P.A. 83-707.)
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(735 ILCS 5/5-127 new) |
Sec. 5-127. Charges relating to electronic filing. All |
charges relating to the electronic filing of cases and |
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pleadings, imposed by the court, clerk of the court, county, or |
a person with whom the court, clerk, or county may contract, |
are taxable as court costs.
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(735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
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Sec. 12-183. Release of judgment.
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(a) Every judgment creditor, his or
her assignee of record |
or other legal representative having received full
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satisfaction or payment of all such sums of money as are really |
due to him
or her from the judgment debtor on any judgment |
rendered in a court shall,
at the request of the judgment |
debtor or his or her legal representative,
execute and deliver |
to the judgment debtor or his or her legal representative
an |
instrument in writing releasing such judgment.
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(b) If the judgment creditor, his or her assigns of record |
or other legal
representative to whom tender has been made of |
all sums of money due him
or her from the judgment debtor |
including interest, on any judgment entered
by a court, |
wilfully fails or refuses, at the request of the judgment |
debtor
or his or her legal representative to execute and |
deliver to the judgment
debtor or his or her legal |
representative an instrument in writing releasing
such |
judgment, the judgment debtor may petition the court in which |
such
judgment is of record, making tender therewith to the |
court of all sums
due in principal and interest on such |
judgment, for the use of the
judgment creditor, his or her |
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executors, administrators or assigns, whereupon
the court |
shall enter an order satisfying the judgment and releasing all
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liens based on such judgment.
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(c) For the recording of assignment of any judgment the |
clerk of the
court in which such judgment is of record is |
allowed a fee of $2.
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(d) A satisfaction of a judgment may be delivered to the |
judgment debtor,
his or her attorney or to the clerk of the |
court in which such judgment is of
record.
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(e) The clerk shall not be allowed any fee for recording |
the satisfaction
of judgment. The clerk of the court shall make |
appropriate notation on the
judgment docket of the book and |
page where any release or assignment of
any judgment is |
recorded.
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(f) No judgment shall be released of record except by an |
instrument in
writing recorded in the court in which such |
judgment is of record. However,
nothing contained in this |
Section affects in any manner the validity of
any release of |
judgment made, prior to January 1, 1952, in judgment and
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execution dockets by the judgment creditor, his or her |
attorney, assignee
or other legal representative.
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(g) The writ of audita querela is abolished and all relief |
heretofore
obtainable and grounds for such relief heretofore |
available, whether by the
writ of audita querela or otherwise, |
shall be available in every case by
petition hereunder, |
regardless of the nature of the order or judgment from
which |
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relief is sought or of the proceeding in which it was entered. |
There
shall be no distinction between actions and other |
proceedings, statutory or
otherwise, as to availability of |
relief, grounds for relief or relief
obtainable. The petition |
shall be filed in the same proceeding in which the
order or |
judgment was entered and shall be supported by affidavit or |
other
appropriate showing as to matters not of record. All |
parties to the
petition shall be notified as provided by rule.
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(h) Upon the filing of a release or satisfaction in full |
satisfaction
of judgment, signed by the party in whose favor |
the judgment was entered
or his or her attorney, the court may |
shall vacate the judgment, and dismiss
the action.
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(i) Any judgment arising out of an order for support shall |
not be a
judgment to the extent of payments made as evidenced |
by the records of the
Clerk of the Circuit Court or State |
agency receiving payments pursuant to
the order. In the event |
payments made pursuant to that order are not paid
to the Clerk |
of the Circuit Court or a State agency, then any judgment
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arising out of each order for support may be released in the |
following manner:
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(1) A Notice of Filing and an affidavit stating that |
all installments
of child support required to be paid |
pursuant to the order under which the
judgment or judgments |
were entered have been paid shall be filed with the
office |
of the court or agency entering said order for support, |
together
with proof of service of such notice and affidavit |
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upon the recipient of such
payments.
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(2) Service of such affidavit shall be by any means |
authorized under
Sections 2-203 and 2-208 of the Code of |
Civil Procedure or under Supreme
Court Rules 11 or 105(b).
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(3) The Notice of Filing shall set forth the name and |
address of the
judgment debtor and the judgment creditor, |
the court file number of the order
giving rise to the |
judgment and, in capital letters, the following statement:
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
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ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK OF |
THE CIRCUIT COURT
OF ....
COUNTY, ILLINOIS, WHOSE ADDRESS |
IS ........, ILLINOIS. IF, WITHIN 28 DAYS
OF THE DATE OF |
THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE
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SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE |
ABOVE OFFICE, THE
SAID JUDGMENTS WILL BE DEEMED TO BE |
SATISFIED AND NOT ENFORCEABLE. THE
SATISFACTION WILL NOT |
PREVENT YOU FROM ENFORCING THE ORDER FOR SUPPORT THROUGH
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THE COURT.
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(4) If no affidavit objecting to the satisfaction of |
the judgment or
judgments is filed within 28 days of the |
Notice described in paragraph (3)
of this subsection (i), |
such judgment or judgments shall be deemed to be
satisfied |
and not enforceable.
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(Source: P.A. 91-357, eff. 7-29-99.)
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(735 ILCS 5/12-170 rep.)
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