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| Public Act 096-0305 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by | ||||
changing Sections 2-1602 and 13-218 as follows:
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(735 ILCS 5/2-1602)
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Sec. 2-1602. Revival of judgment.
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(a) A petition to revive a judgment may be filed revived 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 thereafter 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.
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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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(Source: P.A. 92-817, eff. 8-21-02.)
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(735 ILCS 5/13-218) (from Ch. 110, par. 13-218)
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Sec. 13-218. Revival of judgment. A petition to revive a | ||
judgment, as provided by Section 2-1601 of this Code, Judgments | ||
in a circuit court may be
filed no later than revived as | ||
provided
by Section 2-1601 of this Act, within 20 years next
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after the date of entry of such judgment and not after; and the | ||
provisions of
Section 13-217 of this Act shall apply also to | ||
this Section. The provisions of this amendatory Act of the 96th | ||
General Assembly are declarative of existing law.
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(Source: P.A. 83-1362.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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