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92_SB0039eng SB39 Engrossed 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 changing Sections 2-1601 and 12-101 and adding Section 2-1602 6 as follows: 7 (735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601) 8 Sec. 2-1601. Scire facias abolished. Any relief which 9 heretofore might have been obtained by scire facias may be 10 had by employing a petition filed in the case in which the 11 original judgment was entered, and notice shall be given in12accordance with rulesin accordance with Section 2-1602. 13 (Source: P.A. 82-280.) 14 (735 ILCS 5/2-1602 new) 15 Sec. 2-1602. Revival of judgment. 16 (a) A judgment may be revived in the seventh year after 17 its entry, or in the seventh year after its last revival, or 18 at any other time thereafter within 20 years after its entry. 19 (b) A petition to revive a judgment shall be filed in 20 the original case in which the judgment was entered. The 21 petition shall include a statement as to the original date 22 and amount of the judgment, court costs expended, accrued 23 interest, and credits to the judgment, if any. 24 (c) Service of notice of the petition to revive a 25 judgment shall be made in accordance with Supreme Court Rule 26 106. 27 (d) An order reviving a judgment shall be for the 28 original amount of the judgment. The plaintiff may recover 29 interest and court costs from the date of the original 30 judgment. Credits to the judgment shall be reflected by the SB39 Engrossed -2- LRB9201105DJgcA 1 plaintiff in supplemental proceedings or execution. 2 (e) If a judgment debtor has filed for protection under 3 the United States Bankruptcy Code and failed to successfully 4 adjudicate and remove a lien filed by a judgment creditor, 5 then the judgment may be revived only as to the property to 6 which a lien attached before the filing of the bankruptcy 7 action. 8 (f) A judgment may be revived as to fewer than all 9 judgment debtors, and such order for revival of judgment 10 order shall be final, appealable, and enforceable. 11 (735 ILCS 5/12-101) (from Ch. 110, par. 12-101) 12 Sec. 12-101. Lien of judgment. With respect to the 13 creation of liens on real estate by judgments, all real 14 estate in the State of Illinois is divided into 2 classes. 15 The first class consists of all real property, the title 16 to which is registered under "An Act concerning land titles", 17 approved May 1, 1897, as amended. 18 The second class consists of all real property not 19 registered under "An Act concerning land titles". 20 As to real estate in class one, a judgment is a lien on 21 the real estate of the person against whom it is entered for 22 the same period as in class two, when Section 85 of "An Act 23 concerning land titles", has been complied with. 24 As to real estate included within class two, a judgment 25 is a lien on the real estate of the person against whom it is 26 entered in any county in this State, including the county in 27 which it is entered, only from the time a transcript, 28 certified copy or memorandum of the judgment is filed in the 29 office of the recorder in the county in which the real estate 30 is located. The lien may be foreclosed by an action brought 31 in the name of the judgment creditor or its assignee of 32 record under Article XV in the same manner as a mortgage of 33 real property. A judgment resulting from the entry of an SB39 Engrossed -3- LRB9201105DJgcA 1 order requiring child support payments shall be a lien upon 2 the real estate of the person obligated to make the child 3 support payments, but shall not be enforceable in any county 4 of this State until a transcript, certified copy, or 5 memorandum of the lien is filed in the office of the recorder 6 in the county in which the real estate is located. Any lien 7 hereunder arising out of an order for support shall be a lien 8 only as to and from the time that an installment or payment 9 is due under the terms of the order. Further, the order for 10 support shall not be a lien on real estate to the extent of 11 payments made as evidenced by the records of the Clerk of the 12 Circuit Court or State agency receiving payments pursuant to 13 the order. In the event payments made pursuant to that order 14 are not paid to the Clerk of the Circuit Court or a State 15 agency, then each lien imposed by this Section may be 16 released in the following manner: 17 (a) A Notice of Filing and an affidavit stating 18 that all installments of child support required to be 19 paid pursuant to the order under which the lien or liens 20 were imposed have been paid shall be filed with the 21 office of recorder in each county in which each such lien 22 appears of record, together with proof of service of such 23 notice and affidavit upon the recipient of such payments. 24 (b) Service of such affidavit shall be by any means 25 authorized under Sections 2-203 and 2-208 of the Code of 26 Civil Procedure or under Supreme Court Rules 11 or 27 105(b). 28 (c) The Notice of Filing shall set forth the name 29 and address of the judgment debtor and the judgment 30 creditor, the court file number of the order giving rise 31 to the judgment and, in capital letters, the following 32 statement: 33 YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE 34 ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF SB39 Engrossed -4- LRB9201105DJgcA 1 .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS. 2 IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO 3 FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED 4 JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT 5 LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO 6 FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A 7 SATISFACTION OF SUCH JUDGMENT. 8 (d) If no affidavit objecting to the release of the 9 lien or liens is filed within 28 days of the Notice 10 described in paragraph (c) of this Section such lien or 11 liens shall be deemed to be released and no longer 12 subject to foreclosure. 13 A judgment is not a lien on real estate for longer than 7 14 years from the time it is entered or revived, unless the 15 judgment is revived within 7 years after its entry or last 16 revival and a memorandum of judgment is filed before the 17 expiration of the prior memorandum of judgment. 18 When a judgment is revived it is a lien on the real 19 estate of the person against whom it was entered in any 20 county in this State from the time a transcript, certified 21 copy or memorandum of the order of revival is filed in the 22 office of the recorder in the county in which the real estate 23 is located. 24 A foreign judgment registered pursuant to Sections 12-601 25 through 12-618 of this Act is a lien upon the real estate of 26 the person against whom it was entered only from the time (1) 27 a certified copy of the verified petition for registration of 28 the foreign judgment or (2) a transcript, certified copy or 29 memorandum of the final judgment of the court of this State 30 entered on that foreign judgment is filed in the office of 31 the recorder in the county in which the real estate is 32 located. However, no such judgment shall be a lien on any 33 real estate registered under "An Act concerning land titles", 34 as amended, until Section 85 of that Act has been complied SB39 Engrossed -5- LRB9201105DJgcA 1 with. 2 The release of any transcript, certified copy or 3 memorandum of judgment or order of revival which has been 4 recorded shall be filed by the person receiving the release 5 in the office of the recorder in which such judgment or order 6 has been recorded. 7 Such release shall contain in legible letters a statement 8 as follows: 9 FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE 10 FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES 11 IN WHOSE OFFICE THE LIEN WAS FILED. 12 The term "memorandum" as used in this Section means a 13 memorandum or copy of the judgment signed by a judge or a 14 copy attested by the clerk of the court entering it and 15 showing the court in which entered, date, amount, number of 16 the case in which it was entered, name of the party in whose 17 favor and name and last known address of the party against 18 whom entered. If the address of the party against whom the 19 judgment was entered is not known, the memorandum or copy of 20 judgment shall so state. 21 The term "memorandum" as used in this Section also means 22 a memorandum or copy of a child support order signed by a 23 judge or a copy attested by the clerk of the court entering 24 it or a copy attested by the administrative body entering it. 25 This Section shall not be construed as showing an 26 intention of the legislature to create a new classification 27 of real estate, but shall be construed as showing an 28 intention of the legislature to continue a classification 29 already existing. 30 (Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.) 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.