Bill Amendment: IL SB2845 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: CIV PRO-SUPP PROCEEDINGS

Status: 2016-08-05 - Public Act . . . . . . . . . 99-0744 [SB2845 Detail]

Download: Illinois-2015-SB2845-Senate_Amendment_003.html

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Sen. Ira I. Silverstein

Filed: 3/10/2016

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AMENDMENT TO SENATE BILL 2845
AMENDMENT NO. ______. Amend Senate Bill 2845 by replacing
everything after the enacting clause with the following:
"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:
(735 ILCS 5/2-1602)
Sec. 2-1602. Revival of judgment.
(a) A judgment may be revived by filing a petition to
revive the judgment, serving the petition, and entering an
order for revival 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. 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.
(c) Service of notice of the petition to revive a judgment
shall be made in accordance with Supreme Court Rule 106.
(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.
(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.
(f) A judgment may be revived as to fewer than all judgment
debtors, and such order for revival of judgment shall be final,
appealable, and enforceable.
(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.
(h) If a judgment becomes dormant during the pendency of an

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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. 97-350, eff. 1-1-12; 98-557, eff. 1-1-14.)
(735 ILCS 5/4-107) (from Ch. 110, par. 4-107)
Sec. 4-107. Bond. After Before the entry of an order for
attachment, as hereinabove stated, the court shall take bond
and sufficient security, payable to the People of the State of
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

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Part 1 of Article IV of this Act.
(Source: P.A. 83-707.)
(735 ILCS 5/5-127 new)
Sec. 5-127. Charges relating to electronic filing. All
charges relating to the electronic filing of cases and
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.
(735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
Sec. 12-183. Release of judgment.
(a) Every judgment creditor, his or her assignee of record
or other legal representative having received full
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.
(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

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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
executors, administrators or assigns, whereupon the court
shall enter an order satisfying the judgment and releasing all
liens based on such judgment.
(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.
(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.
(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.
(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
execution dockets by the judgment creditor, his or her

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attorney, assignee or other legal representative.
(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
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.
(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.
(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
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
upon the recipient of such payments.
(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).
(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:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
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
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
THE COURT.
(4) If no affidavit objecting to the satisfaction of
the judgment or judgments is filed within 28 days of the

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Notice described in paragraph (3) of this subsection (i),
such judgment or judgments shall be deemed to be satisfied
and not enforceable.
(Source: P.A. 91-357, eff. 7-29-99.)
(735 ILCS 5/12-170 rep.)
(735 ILCS 5/12-171 rep.)
(735 ILCS 5/12-172 rep.)
(735 ILCS 5/12-173 rep.)
(735 ILCS 5/12-174 rep.)
(735 ILCS 5/12-175 rep.)
Section 10. The Code of Civil Procedure is amended by
repealing Sections 12-170, 12-171, 12-172, 12-173, 12-174, and
12-175.
Section 99. Effective date. This Act takes effect upon
becoming law.".