Bill Text: IL HB0681 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Contains a statement of legislative purpose. Provides that the definition of "consumer debt" does not include any money due or owing, or alleged to be due or owing, from a natural person for an arrearage of child support. Provides that the definition of "consumer debt judgment" does not include any judgment entered for an arrearage of child support.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-11-29 - Rule 19(b) / Motion Referred to Rules Committee [HB0681 Detail]

Download: Illinois-2021-HB0681-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB0681 Introduced , by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-1303 from Ch. 110, par. 2-1303
Amends the Code of Civil Procedure. Contains a statement of legislative purpose. Provides that the definition of "consumer debt" does not include any money due or owing, or alleged to be due or owing, from a natural person for an arrearage of child support. Provides that the definition of "consumer debt judgment" does not include any judgment entered for an arrearage of child support.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose. The purpose of this Act is to clarify
that the recent changes to the interest rate for consumer debt
judgments made by Public Act 101-168 did not lower the
interest rate for arrearages of child support payments, which
will stay the same to protect the interests of children.
Section 5. The Code of Civil Procedure is amended by
changing Section 2-1303 as follows:
(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
Sec. 2-1303. Interest on judgment.
(a) Except as provided in subsection (b), 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

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judgment. 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.
(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" does not include any money due or owing, or
alleged to be due or owing, from a natural person for an
arrearage of child support.
"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, nor any
judgment entered for an arrearage of child support.
(2) Notwithstanding subsection (a), consumer debt

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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. 101-168, eff. 1-1-20.)