IL SB1705 | 2011-2012 | 97th General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on January 8 2013 - 100% progression
Action: 2013-01-08 - Session Sine Die
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Code of Civil Procedure. Provides that a court may stay the execution on a money judgment, if the judgment debtor furnishes the judgment creditor with the required amount of security. Provides that the required amount of security is the lesser of: the sum of the judgment, interest pending appeal, and costs; 25% of the judgment debtor's net worth; or $25 million. Provides that a court may lower the required amount of security if a judgment debtor shows that the debtor is likely to sustain substantial economic harm if required to post the required security. Provides that a court may increase the required amount of security if a judgment creditor shows that a judgment debtor who obtained a stay is dissipating assets or diverting assets outside of the United States in other than the ordinary course of business. Provides that an appellate court may review the required amount of security, but may not increase it above the statutory limit. Provides that the new provisions apply to any action in which a money judgment is entered after the effective date. Effective immediately.

Tracking Information

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Title

CIV PRO-STAY MONEY JUDGMENT

Sponsors


History

DateChamberAction
2013-01-08SenateSession Sine Die
2011-03-18SenateRule 3-9(a) / Re-referred to Assignments
2011-03-10SenateTo Judiciary Subcommittee on Civil Process and Procedure
2011-03-01SenatePostponed - Judiciary
2011-02-23SenateAssigned to Judiciary
2011-02-09SenateReferred to Assignments
2011-02-09SenateFirst Reading
2011-02-09SenateFiled with Secretary by Sen. Matt Murphy

Code Citations

ChapterArticleSectionCitation TypeStatute Text
73552-1306New CodeSee Bill Text
73552-1307New CodeSee Bill Text

Illinois State Sources


Bill Comments

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