Bill Text: IL HB0088 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the Code of Civil Procedure. Provides that 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. Provides that when a consumer debt judgment is entered upon any award, report, or verdict, interest shall be computed at the applicable rate from the time when made or rendered to the time of entering judgment upon the same, and included in the judgment. Provides that interest shall be computed and charged only on the unsatisfied portion of the consumer debt judgment as it exists from time to time. Provides that the judgment debtor may stop the further accrual of interest on the consumer debt judgment. Provides that the provisions concerning interest on consumer debt judgments apply to all consumer debt judgments entered into after the effective date of the Act. Provides that a consumer debt judgment may be revived by filing a petition to revive the consumer debt judgment no later than 10 years after its entry and by serving the petition and entering a court order for revival. Provides that if a judgment or consumer debt judgment becomes dormant during the pendency of an enforcement proceeding against wages under specified Articles, the enforcement may continue to conclusion if 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. Makes a corresponding change. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 6-2)
Status: (Passed) 2019-07-29 - Public Act . . . . . . . . . 101-0168 [HB0088 Detail]
Download: Illinois-2019-HB0088-Chaptered.html
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Public Act 101-0168 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 2-1303, 2-1602, and 12-108 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 | ||||
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.
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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. |
(Source: P.A. 85-907.)
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(735 ILCS 5/2-1602)
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Sec. 2-1602. Revival of judgment.
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(a) Except as provided in subsection (a-5), a A judgment | ||
may be revived by filing a petition to revive the judgment 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 and by serving the petition and | ||
entering a court order for revival as provided in the following | ||
subsections. The provisions of this amendatory Act of the 96th | ||
General Assembly are declarative of existing law.
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(a-5) A consumer debt judgment as defined in subsection (b) | ||
of Section 2-1303 may be revived by filing a petition to revive | ||
the consumer debt judgment no later than 10 years after its | ||
entry and by serving the petition and entering a court order | ||
for revival as provided in this Section. | ||
(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.
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(c) Service of notice of the petition to revive a judgment | ||
shall
be made in accordance with Supreme Court Rule 106.
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(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.
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(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.
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(f) A judgment may be revived as to fewer than all judgment
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debtors, and such order for revival of judgment shall be final,
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appealable, and enforceable.
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(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.
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(h) If a judgment becomes dormant during the pendency of an | ||
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. 98-557, eff. 1-1-14; 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-108) (from Ch. 110, par. 12-108)
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Sec. 12-108. Limitation on enforcement.
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(a) Except as herein provided,
no judgment shall be | ||
enforced after the expiration of 7 years from the time
the same | ||
is rendered, except upon the revival of the same by a | ||
proceeding
provided by Section 2-1601 of this Act; but real | ||
estate, levied upon within
the 7 years, may be sold to enforce | ||
the judgment at any time within one
year after the expiration | ||
of the 7 years. A judgment recovered in an
action for damages | ||
for an injury described in Section 13-214.1 may be
enforced at | ||
any time.
Child support judgments, including those arising by | ||
operation of law, may be
enforced at any time.
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(b) No judgment shall be enforced against a police officer | ||
employed by
a municipality if the corporate authority of the | ||
municipality files with the
clerk of the court in which the | ||
judgment was entered a statement certifying:
(1) such police | ||
officer was employed by the municipality and was within
the | ||
scope and course of his employment at the time of the | ||
occurrence giving
rise to the action in which the judgment is | ||
entered and (2) the municipality
indemnifies the police officer | ||
in the amount of the judgment and interest
thereon. In such | ||
event, the judgment creditor may enforce the judgment
against | ||
the municipality in the same manner and to the same extent as | ||
if
the municipality were the judgment debtor.
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(c) If a judgment or a consumer debt judgment becomes | ||
dormant during the pendency of an enforcement proceeding |
against wages under of Part 14 of Article II or Part 8 of | ||
Article XII, the enforcement may continue to conclusion if 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. 90-18, eff. 7-1-97.)
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