IllinoisSB1738104th General Assembly (2025–2026)SenateWALLET

CIV PRO-POST-JUDGMENT RELIEF

Sponsored By: Robert F. Martwick (Democratic)

Signed by Governor

Summary

Amends the Code of Civil Procedure. Changes disclosure in notice provisions to a judgment debtor in a citation to discover assets. Defines "consumer debt judgment". Creates an automatic exemption for a judgment debtor against execution in a consumer debt judgment. Provides that "automatic exemption" means the right of a judgment debtor, against whom a consumer debt judgment has been entered on or after January 1, 2020, to receive $1,000 of the judgment debtor's equity interest in personal property held in a checking, savings deposit account, or credit union account by a third-party citation respondent or garnishee. Provides that the automatic exemption is part of the judgment debtor's current exemption in any personal property not to exceed $4,000 in value. Makes other changes to personal property exemptions as follows: increases the exemption from $2,400 to $3,600 for a motor vehicle and from $1,500 to $2,250 in any implements, professional books, or tools of the debtor's trade. Increases the homestead exemption from $15,000 to $50,000 for one individual and to $100,000 if 2 or more individuals own the property. Makes changes to the list of items of personal property that are exempt from execution. Changes limitations for a revival of judgment for consumer debt entered before January 1, 2020, for a consumer debt judgment entered into after that date but before the effective date of the amendatory Act, and for a consumer debt judgment entered into after the effective date of the Act. Makes other changes. Amends the Clerks of Courts Act. Prohibits a fee from being charged under the Act for the filing of an appearance by a defendant in a small claim proceeding. Effective January 1, 2026.

assignmentsjudiciaryjudiciary - civil

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 7 benefits, 0 costs, 1 mixed.

Debtors keep more injury payment money

Beginning January 1, 2026, protection for qualifying bodily injury payments rises from $15,000 to $22,500. This covers payments for the debtor's injury or an injury to someone the debtor depended on. Only qualifying bodily injury payments receive this protection from creditors.

Homeowners can protect more home equity

Beginning January 1, 2026, Illinois raises the home equity protection from $15,000 to $50,000 for one owner. For two or more owners, the total limit is $100,000, divided by ownership share. The home must qualify as the person's occupied residence and be claimed as a homestead. The higher limits also apply to court-sale procedures, and officers cannot sell unless the bid exceeds the applicable exemption. Qualifying sale proceeds remain protected for one year.

Consumer debt judgments face collection deadlines

Qualifying consumer debt judgments entered beginning January 1, 2026 cannot be revived, but creditors can enforce them for 15 years. For judgments entered January 1, 2020 through December 31, 2025, creditors must seek revival within 10 years of entry. These judgments follow separate rules rather than the general 20-year revival deadline. Judgments entered before January 1, 2020 remain under general revival rules. The consumer-debt rules exclude injury or death compensation and judgments involving personal guarantees or shared liability between individuals and businesses.

Consumer debtors get automatic account protection

Beginning January 1, 2026, qualifying consumer debt judgments entered on or after January 1, 2020 carry automatic account protection. Up to $1,000 in checking or savings funds held by a third party is protected before a court order. This temporary protection lasts until the return date listed in the collection proceeding and counts toward the $4,000 personal-property limit. Garnishment notices must explain the automatic protection. It does not override existing property rights of the person or business holding the funds.

Debtors can protect more household property

Beginning January 1, 2026, Illinois protects more personal-use household goods, including food, clothing, pets, medicines, computers, and phones. Creditors need court permission to take a covered item worth more than $5,000, unless another exemption protects it. Debtors can also protect one piece of jewelry worth up to $5,000. Protection for equity in one vehicle rises from $2,400 to $3,600. The law also provides a $4,000 personal-property equity allowance, including the automatic $1,000 account protection.

Workers can protect more trade tools

Beginning January 1, 2026, debtors can protect up to $2,250 in work tools, equipment, and professional books from creditors. That is up from $1,500. The property must be used in the debtor's trade, and the limit applies to the debtor's equity.

Small claims defendants avoid appearance fees

Beginning January 1, 2026, Illinois court clerks cannot charge defendants a fee to file an appearance in small-claims cases. This applies to proceedings defined as small claims under Illinois Supreme Court Rule 281.

Debt collection adds warnings and disclosures

Beginning January 1, 2026, notices for court proceedings to find a debtor's assets must prominently warn about missing hearings. They must warn that missing a hearing risks losing asset protections and may lead to arrest and imprisonment. Citation certifications must identify judgments that qualify as consumer debt. People or businesses holding a debtor's property must list all of it in their written answers, including property worth $1,000 or less.

Sponsors & Cosponsors

Sponsor

  • Robert F. Martwick

    Democratic • Senate

Cosponsors

  • Daniel Didech

    Democratic • House

  • Edgar González, Jr.

    Democratic • House

  • Jennifer Gong-Gershowitz

    Democratic • House

  • Margaret Croke

    Democratic • House

  • Maurice A. West, II

    Democratic • House

  • Michael E. Hastings

    Democratic • Senate

  • Robyn Gabel

    Democratic • House

  • Will Guzzardi

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 192 • No: 0

House vote • 5/21/2025

Third Reading - Short Debate - Passed

Yes: 109 • No: 0

House vote • 4/23/2025

Do Pass / Short Debate Judiciary - Civil Committee;

Yes: 19 • No: 0

Senate vote • 4/9/2025

Third Reading - Passed;

Yes: 56 • No: 0

Senate vote • 3/6/2025

Do Pass Judiciary;

Yes: 8 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0120

    8/1/2025Senate
  2. Effective Date January 1, 2026

    8/1/2025Senate
  3. Governor Approved

    8/1/2025Senate
  4. Sent to the Governor

    6/18/2025Senate
  5. Added Alternate Co-Sponsor Rep. Edgar González, Jr.

    5/21/2025House
  6. Added Alternate Co-Sponsor Rep. Robyn Gabel

    5/21/2025House
  7. Added Alternate Co-Sponsor Rep. Will Guzzardi

    5/21/2025House
  8. Passed Both Houses

    5/21/2025Senate
  9. Third Reading - Short Debate - Passed 109-000-000

    5/21/2025House
  10. Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II

    5/20/2025House
  11. Added Alternate Chief Co-Sponsor Rep. Margaret Croke

    5/20/2025House
  12. Added Alternate Chief Co-Sponsor Rep. Daniel Didech

    5/20/2025House
  13. Placed on Calendar Order of 3rd Reading - Short Debate

    5/14/2025House
  14. Second Reading - Short Debate

    5/14/2025House
  15. Placed on Calendar 2nd Reading - Short Debate

    4/23/2025House
  16. Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000

    4/23/2025House
  17. Assigned to Judiciary - Civil Committee

    4/17/2025House
  18. Referred to Rules Committee

    4/9/2025House
  19. First Reading

    4/9/2025House
  20. Chief House Sponsor Rep. Jennifer Gong-Gershowitz

    4/9/2025House
  21. Arrived in House

    4/9/2025House
  22. Third Reading - Passed; 056-000-000

    4/9/2025Senate
  23. Placed on Calendar Order of 3rd Reading

    4/9/2025Senate
  24. Placed on Calendar Order of 3rd Reading **

    4/4/2025Senate
  25. Placed on Calendar Order of 3rd Reading March 19, 2025

    3/18/2025Senate

Bill Text

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