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92_SB0039
LRB9201105DJgcA
1 AN ACT in relation to civil procedure.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5 adding Section 2-1602 as follows:
6 (735 ILCS 5/2-1602 new)
7 Sec. 2-1602. Revival of judgment.
8 (a) A judgment may be revived in the seventh year after
9 its entry, or in the seventh year after its last revival, or
10 at any other time thereafter within 20 years after its entry.
11 (b) A petition to revive a judgment shall be filed in
12 the original case in which the judgment was entered. The
13 petition shall include a statement as to the original date
14 and amount of the judgment, court costs expended, accrued
15 interest, and credits to the judgment, if any.
16 (c) Service of notice of the petition to revive a
17 judgment shall be made in accordance with Supreme Court Rule
18 106.
19 (d) An order reviving a judgment shall be for the
20 original amount of the judgment. The plaintiff may recover
21 interest and court costs from the date of the original
22 judgment. Credits to the judgment shall be reflected by the
23 plaintiff in supplemental proceedings or execution.
24 (e) If a judgment is revived and a memorandum of
25 judgment is recorded with the Recorder of Deeds in a county
26 in which the judgment debtor owns real estate and in which
27 the plaintiff has previously recorded a memorandum of
28 judgment, the lien of the judgment shall relate back to the
29 date of the later filing of the first memorandum of judgment,
30 provided that the memorandum is recorded within 7 years after
31 the entry of the judgment or its revival.
-2- LRB9201105DJgcA
1 (f) If a memorandum of judgment is recorded on a revived
2 judgment after the expiration of 7 years from the date of the
3 judgment or its last revival, the lien of the judgment shall
4 he effective from the date of its recording.
5 (g) If a judgment debtor has filed for protection under
6 the United States Bankruptcy Code and failed to successfully
7 adjudicate and remove a lien filed by a judgment creditor,
8 then the judgment may be revived only as to the property to
9 which a lien attached before the filing of the bankruptcy
10 action.
11 (h) A judgment may be revived as to fewer than all
12 judgment debtors, and such order for revival of judgment
13 order shall be final, appealable, and enforceable.