Bill Amendment: IL HB4461 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HOSPITAL COLLECTION LIENS

Status: 2026-06-18 - Sent to the Governor [HB4461 Detail]

Download: Illinois-2025-HB4461-House_Amendment_001.html

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Rep. Amy Briel

Filed: 3/30/2026

 

 

 

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AMENDMENT TO HOUSE BILL 4461
AMENDMENT NO. ______. Amend House Bill 4461 on page 3,
immediately below line 26, by inserting the following:
"Section 10. The Code of Civil Procedure is amended by
changing Section 12-101 as follows:
(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
Sec. 12-101. Lien of judgment. With respect to the
creation of liens on real estate by judgments, all real estate
in the State of Illinois is divided into 2 classes.
The first class consists of all real property, the title
to which is registered under "An Act concerning land titles",
approved May 1, 1897, as amended.
The second class consists of all real property not
registered under "An Act concerning land titles".
As to real estate in class one, a judgment is a lien on the
real estate of the person against whom it is entered for the

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same period as in class two, when Section 85 of "An Act
concerning land titles", has been complied with.
As to real estate included within class two, a judgment is
a lien on the real estate of the person against whom it is
entered in any county in this State, including the county in
which it is entered, only from the time a transcript,
certified copy or memorandum of the judgment is filed in the
office of the recorder in the county in which the real estate
is located. The lien may be foreclosed by an action brought in
the name of the judgment creditor or its assignee of record
under Article XV in the same manner as a mortgage of real
property, except that the redemption period shall be 6 months
from the date of sale and the real estate homestead exemption
under Section 12-901 shall apply. A judgment resulting from
the entry of an order requiring child support payments shall
be a lien upon the real estate of the person obligated to make
the child support payments, but shall not be enforceable in
any county of this State until a transcript, certified copy,
or memorandum of the lien is filed in the office of the
recorder in the county in which the real estate is located. Any
lien hereunder arising out of an order for support shall be a
lien only as to and from the time that an installment or
payment is due under the terms of the order. Further, the order
for support shall not be a lien on real estate 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

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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 each lien imposed by this Section may be released
in the following manner:
(a) 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 lien or liens were
imposed have been paid shall be filed with the office of
recorder in each county in which each such lien appears of
record, together with proof of service of such notice and
affidavit upon the recipient of such payments.
(b) 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).
(c) 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:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER
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 RELEASE OF
THE STATED JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE,
SUCH JUDGMENT LIEN WILL BE DEEMED TO BE RELEASED AND NO
LONGER SUBJECT TO FORECLOSURE. THIS RELEASE OF LIEN WILL

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NOT ACT AS A SATISFACTION OF SUCH JUDGMENT.
(d) If no affidavit objecting to the release of the
lien or liens is filed within 28 days of the Notice
described in paragraph (c) of this Section such lien or
liens shall be deemed to be released and no longer subject
to foreclosure.
A judgment is not a lien on real estate for longer than 7
years from the time it is entered or revived, unless the
judgment is revived within 7 years after its entry or last
revival and a new memorandum of judgment is recorded prior to
the judgment and its recorded memorandum of judgment becoming
dormant.
When a judgment is revived it is a lien on the real estate
of the person against whom it was entered in any county in this
State from the time a transcript, certified copy or memorandum
of the order of revival is filed in the office of the recorder
in the county in which the real estate is located.
A foreign judgment registered or filed pursuant to
Sections 12-630 through 12-672 of this Act is a lien upon the
real estate of the person against whom it was entered only from
the time (1) a copy of the affidavit required by Section 12-653
with a copy of the foreign judgment attached showing the
filing in a court of this State or (2) a transcript, certified
copy or memorandum of a final judgment of the court of this
State entered on an action to enforce a foreign judgment is
filed in the office of the recorder in the county in which the

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real estate is located. However, no such judgment shall be a
lien on any real estate registered under "An Act concerning
land titles", as amended, until Section 85 of that Act has been
complied with.
The release of any transcript, certified copy or
memorandum of judgment or order of revival which has been
recorded shall be filed by the person receiving the release in
the office of the recorder in which such judgment or order has
been recorded.
Such release shall contain in legible letters a statement
as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES IN
WHOSE OFFICE THE LIEN WAS FILED.
The term "memorandum" as used in this Section means a
memorandum or copy of the judgment signed by a judge or a copy
attested by the clerk of the court entering it and showing the
court in which entered, date, amount, number of the case in
which it was entered, name of the party in whose favor and name
and last known address of the party against whom entered. If
the address of the party against whom the judgment was entered
is not known, the memorandum or copy of judgment shall so
state.
The term "memorandum" as used in this Section also means a
memorandum or copy of a child support order signed by a judge
or a copy attested by the clerk of the court entering it or a

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copy attested by the administrative body entering it.
This Section shall not be construed as showing an
intention of the legislature to create a new classification of
real estate, but shall be construed as showing an intention of
the legislature to continue a classification already existing.
No judgment relating to unpaid medical debt may create a
lien on real property owned by the patient against whom the
judgment is entered that is the primary residence of the
patient.
(Source: P.A. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)".