2010 Illinois Code
CHAPTER 735 CIVIL PROCEDURE
735 ILCS 5/ Code of Civil Procedure.
Part 16 - Revival Of Judgment
(735 ILCS 5/Art. II Pt. 16 heading)
Revival of Judgment
(735 ILCS 5/2‑1601)
(from Ch. 110, par. 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.
(Source: P.A. 92‑817, eff. 8‑21‑02.)
(735 ILCS 5/2‑1602)
Revival of judgment.
(a) A petition to revive a judgment may be filed 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 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.
(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.
(Source: P.A. 96‑305, eff. 8‑11‑09.)
Disclaimer: These codes may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.