Bill Amendment: IL HB3360 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FORECLOSURE-FILING FEES
Status: 2021-01-13 - Passed Both Houses [HB3360 Detail]
Download: Illinois-2019-HB3360-Senate_Amendment_001.html
Bill Title: FORECLOSURE-FILING FEES
Status: 2021-01-13 - Passed Both Houses [HB3360 Detail]
Download: Illinois-2019-HB3360-Senate_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3360
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2 | AMENDMENT NO. ______. Amend House Bill 3360 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1303 as follows:
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6 | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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7 | Sec. 2-1303. Interest on judgment. | ||||||
8 | (a) Except as provided in subsection (b), judgments | ||||||
9 | recovered in
any court shall draw interest at the rate of 9% | ||||||
10 | per annum from the date
of the judgment until satisfied or 6% | ||||||
11 | per annum when the judgment debtor is a unit
of local | ||||||
12 | government, as defined in Section 1 of Article VII of the | ||||||
13 | Constitution,
a school district, a community college district, | ||||||
14 | or any other governmental
entity. When judgment is entered upon | ||||||
15 | any award, report or verdict, interest
shall be computed at the | ||||||
16 | above rate, from the time when made or rendered
to the time of |
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1 | entering judgment upon the same, and included in the judgment.
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2 | Interest shall be computed and charged only on the unsatisfied | ||||||
3 | portion of
the judgment as it exists from time to time. The | ||||||
4 | judgment debtor may by
tender of payment of judgment, costs and | ||||||
5 | interest
accrued to the date of tender, stop the further | ||||||
6 | accrual of interest on such
judgment notwithstanding the | ||||||
7 | prosecution of an appeal, or other steps to
reverse, vacate or | ||||||
8 | modify the judgment.
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9 | (b)(1) As used in this Section: | ||||||
10 | "Consumer debt" means money or property, or the equivalent, | ||||||
11 | due or owing, or alleged to be due or owing, from a natural | ||||||
12 | person by reason of a transaction in which property, services, | ||||||
13 | or money is acquired by that natural person primarily for | ||||||
14 | personal, family, or household purposes. | ||||||
15 | "Consumer debt judgment" means a judgment recovered in any | ||||||
16 | court against one or more natural persons arising out of | ||||||
17 | consumer debt. "Consumer debt judgment" does not include any | ||||||
18 | compensation for bodily injury or death, nor any judgment | ||||||
19 | entered where the debt is guaranteed by or contains a joint and | ||||||
20 | several liability provision between a natural person and a | ||||||
21 | business, whether or not that business is legally constituted | ||||||
22 | under the laws of this State or any other state. | ||||||
23 | (2) Notwithstanding subsection (a), consumer debt | ||||||
24 | judgments of $25,000 or less shall draw interest from the date | ||||||
25 | of the judgment until satisfied at the rate of 5% per annum. | ||||||
26 | (3) The judgment debtor may, by tender of payment of |
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1 | judgment, costs, and interest accrued to the date of tender, | ||||||
2 | stop the further accrual of interest on the consumer debt | ||||||
3 | judgment, notwithstanding the prosecution of an appeal, or | ||||||
4 | other steps to reverse, vacate, or modify the judgment. | ||||||
5 | (4) This subsection applies to all consumer debt judgments | ||||||
6 | entered into after the effective date of this amendatory Act of | ||||||
7 | the 101st General Assembly. | ||||||
8 | (c) In all actions brought to recover damages for personal | ||||||
9 | injury or wrongful death resulting from or occasioned by the | ||||||
10 | conduct of any other person or entity, whether by negligence, | ||||||
11 | willful and wanton misconduct, intentional conduct, or strict | ||||||
12 | liability of the other person or entity, the plaintiff shall | ||||||
13 | recover prejudgment interest on all damages set forth in the | ||||||
14 | judgment. Prejudgment interest shall begin to accrue on the | ||||||
15 | date the defendant has notice of the injury from the incident | ||||||
16 | itself or a written notice. In entering judgment for the | ||||||
17 | plaintiff in the action, the court shall add to the amount of | ||||||
18 | the judgment interest on the amount calculated at the rate of | ||||||
19 | 9% per annum. | ||||||
20 | (d) Notwithstanding any other provision of law, a local | ||||||
21 | public entity is not liable to pay prejudgment interest in an | ||||||
22 | action brought directly or vicariously against it by the | ||||||
23 | injured party. | ||||||
24 | (e) For any personal injury or wrongful death occurring | ||||||
25 | before the effective date of this amendatory Act of the 101st | ||||||
26 | General Assembly, the prejudgment interest shall begin to |
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1 | accrue on the later of the effective date of this amendatory | ||||||
2 | Act of the 101st General Assembly or the date the alleged | ||||||
3 | tortfeasor has notice of the injury. | ||||||
4 | (f) The trial court may, in its discretion, apportion any | ||||||
5 | amount of prejudgment interest between the plaintiff and any | ||||||
6 | agency or department of the State. In apportioning prejudgment | ||||||
7 | interest as provided in this Section, the court shall consider, | ||||||
8 | among other factors it deems relevant, the plaintiff's hardship | ||||||
9 | from the time of injury to the date of judgment and the effort | ||||||
10 | required to obtain the judgment. | ||||||
11 | (Source: P.A. 101-168, eff. 1-1-20 .)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
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