[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0817
SB39 Enrolled LRB9201105DJgcA
AN ACT in relation to civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 2-1601 and 12-101 and adding Section 2-1602
as follows:
(735 ILCS 5/2-1601) (from Ch. 110, par. 2-1601)
Sec. 2-1601. Scire facias abolished. Any relief which
heretofore might have been obtained by scire facias may be
had by employing a petition filed in the case in which the
original judgment was entered in accordance with Section
2-1602, and notice shall be given in accordance with rules.
(Source: P.A. 82-280.)
(735 ILCS 5/2-1602 new)
Sec. 2-1602. Revival of judgment.
(a) A judgment may be revived in the seventh year after
its entry, or in the seventh year after its last revival, or
at any other time thereafter within 20 years after its entry.
(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.
(c) Service of notice of the petition to revive a
judgment shall be made in accordance with Supreme Court Rule
106.
(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.
(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.
(f) A judgment may be revived as to fewer than all
judgment debtors, and such order for revival of judgment
shall be final, appealable, and enforceable.
(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.
(735 ILCS 5/12-101) (from Ch. 110, par. 12-101)
Sec. 12-101. Lien of judgment. With respect to the
creation of liens on real estate by judgments, all real
estate in the State of Illinois is divided into 2 classes.
The first class consists of all real property, the title
to which is registered under "An Act concerning land titles",
approved May 1, 1897, as amended.
The second class consists of all real property not
registered under "An Act concerning land titles".
As to real estate in class one, a judgment is a lien on
the real estate of the person against whom it is entered for
the same period as in class two, when Section 85 of "An Act
concerning land titles", has been complied with.
As to real estate included within class two, a judgment
is a lien on the real estate of the person against whom it is
entered in any county in this State, including the county in
which it is entered, only from the time a transcript,
certified copy or memorandum of the judgment is filed in the
office of the recorder in the county in which the real estate
is located. The lien may be foreclosed by an action brought
in the name of the judgment creditor or its assignee of
record under Article XV in the same manner as a mortgage of
real property, except that the redemption period shall be 6
months from the date of sale and the real estate homestead
exemption under Section 12-901 shall apply. A judgment
resulting from the entry of an order requiring child support
payments shall be a lien upon the real estate of the person
obligated to make the child support payments, but shall not
be enforceable in any county of this State until a
transcript, certified copy, or memorandum of the lien is
filed in the office of the recorder in the county in which
the real estate is located. Any lien hereunder arising out
of an order for support shall be a lien only as to and from
the time that an installment or payment is due under the
terms of the order. Further, the order for support shall not
be a lien on real estate to the extent of payments made as
evidenced by the records of the Clerk of the Circuit Court or
State agency receiving payments pursuant to the order. In
the event payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or a State agency, then
each lien imposed by this Section may be released in the
following manner:
(a) A Notice of Filing and an affidavit stating
that all installments of child support required to be
paid pursuant to the order under which the lien or liens
were imposed have been paid shall be filed with the
office of recorder in each county in which each such lien
appears of record, together with proof of service of such
notice and affidavit upon the recipient of such payments.
(b) Service of such affidavit shall be by any means
authorized under Sections 2-203 and 2-208 of the Code of
Civil Procedure or under Supreme Court Rules 11 or
105(b).
(c) The Notice of Filing shall set forth the name
and address of the judgment debtor and the judgment
creditor, the court file number of the order giving rise
to the judgment and, in capital letters, the following
statement:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE RECORDER OF
.... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS.
IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO
FILE AN AFFIDAVIT OBJECTING TO THE RELEASE OF THE STATED
JUDGMENT LIEN OR LIENS, IN THE ABOVE OFFICE, SUCH JUDGMENT
LIEN WILL BE DEEMED TO BE RELEASED AND NO LONGER SUBJECT TO
FORECLOSURE. THIS RELEASE OF LIEN WILL NOT ACT AS A
SATISFACTION OF SUCH JUDGMENT.
(d) If no affidavit objecting to the release of the
lien or liens is filed within 28 days of the Notice
described in paragraph (c) of this Section such lien or
liens shall be deemed to be released and no longer
subject to foreclosure.
A judgment is not a lien on real estate for longer than 7
years from the time it is entered or revived, unless the
judgment is revived within 7 years after its entry or last
revival and a memorandum of judgment is filed before the
expiration of the prior memorandum of judgment.
When a judgment is revived it is a lien on the real
estate of the person against whom it was entered in any
county in this State from the time a transcript, certified
copy or memorandum of the order of revival is filed in the
office of the recorder in the county in which the real estate
is located.
A foreign judgment registered pursuant to Sections 12-601
through 12-618 of this Act is a lien upon the real estate of
the person against whom it was entered only from the time (1)
a certified copy of the verified petition for registration of
the foreign judgment or (2) a transcript, certified copy or
memorandum of the final judgment of the court of this State
entered on that foreign judgment is filed in the office of
the recorder in the county in which the real estate is
located. However, no such judgment shall be a lien on any
real estate registered under "An Act concerning land titles",
as amended, until Section 85 of that Act has been complied
with.
The release of any transcript, certified copy or
memorandum of judgment or order of revival which has been
recorded shall be filed by the person receiving the release
in the office of the recorder in which such judgment or order
has been recorded.
Such release shall contain in legible letters a statement
as follows:
FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL BE
FILED WITH THE RECORDER OR THE REGISTRAR OF TITLES
IN WHOSE OFFICE THE LIEN WAS FILED.
The term "memorandum" as used in this Section means a
memorandum or copy of the judgment signed by a judge or a
copy attested by the clerk of the court entering it and
showing the court in which entered, date, amount, number of
the case in which it was entered, name of the party in whose
favor and name and last known address of the party against
whom entered. If the address of the party against whom the
judgment was entered is not known, the memorandum or copy of
judgment shall so state.
The term "memorandum" as used in this Section also means
a memorandum or copy of a child support order signed by a
judge or a copy attested by the clerk of the court entering
it or a copy attested by the administrative body entering it.
This Section shall not be construed as showing an
intention of the legislature to create a new classification
of real estate, but shall be construed as showing an
intention of the legislature to continue a classification
already existing.
(Source: P.A. 90-18, eff. 7-1-97; 91-357, eff. 7-29-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
[ Top ]