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| Public Act 102-0006 | ||||
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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 Section 2-1303 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 | ||||
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.
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. | ||
(c) In all actions brought to recover damages for personal | ||
injury or wrongful death resulting from or occasioned by the | ||
conduct of any other person or entity, whether by negligence, | ||
willful and wanton misconduct, intentional conduct, or strict | ||
liability of the other person or entity, the plaintiff shall | ||
recover prejudgment interest on all damages, except punitive | ||
damages, sanctions, statutory attorney's fees, and statutory | ||
costs, set forth in the judgment. Prejudgment interest shall | ||
begin to accrue on the date the action is filed. If the | ||
plaintiff voluntarily dismisses the action and refiles, the | ||
accrual of prejudgment interest shall be tolled from the date | ||
the action is voluntarily dismissed to the date the action is | ||
refiled. In entering judgment for the plaintiff in the action, | ||
the court shall add to the amount of the judgment interest | ||
calculated at the rate of 6% per annum on the amount of the | ||
judgment, minus punitive damages, sanctions, statutory | ||
attorney's fees, and statutory costs. If the judgment is | ||
greater than the amount of the highest written settlement | ||
offer made by the defendant within 12 months after the later of | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly or the filing of the action and not accepted by the | ||
plaintiff within 90 days after the date of the offer or | ||
rejected by the plaintiff, interest added to the amount of | ||
judgment shall be an amount equal to interest calculated at | ||
the rate of 6% per annum on the difference between the amount | ||
of the judgment, minus punitive damages, sanctions, statutory | ||
attorney's fees, and statutory costs, and the amount of the | ||
highest written settlement offer. If the judgment is equal to | ||
or less than the amount of the highest written settlement | ||
offer made by the defendant within 12 months after the later of | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly or the filing of the action and not accepted by the | ||
plaintiff within 90 days after the date of the offer or | ||
rejected by the plaintiff, no prejudgment interest shall be | ||
added to the amount of the judgment. For the purposes of this | ||
subsection, withdrawal of a settlement offer by defendant | ||
shall not be considered a rejection of the offer by the | ||
plaintiff. Notwithstanding any other provision of this | ||
subsection, prejudgment interest shall accrue for no longer | ||
than 5 years. | ||
Notwithstanding any other provision of law, neither the | ||
State, a unit of local government, a school district, | ||
community college district, nor any other governmental entity | ||
is liable to pay prejudgment interest in an action brought | ||
directly or vicariously against it by the injured party. | ||
For any personal injury or wrongful death occurring before | ||
the effective date of this amendatory Act of the 102nd General | ||
Assembly, the prejudgment interest shall begin to accrue on | ||
the later of the date the action is filed or the effective date | ||
of this amendatory Act of the 102nd General Assembly. | ||
(Source: P.A. 101-168, eff. 1-1-20.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2021. | ||