# Illinois SB1738: CIV PRO-POST-JUDGMENT RELIEF Illinois SB1738, CIV PRO-POST-JUDGMENT RELIEF, is a 104th General Assembly (2025–2026) Senate bill sponsored by Robert F. Martwick (Democratic); status signed, last action 2025-08-01 (Public Act . . . . . . . . . 104-0120); PRIA reads it as touching household money (as of 2026-11-01). - Canonical: https://policyrisk.com/state-bill/IL-SB1738-2025-2026 - As of: 2026-11-01 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Bill: Illinois SB1738 - State: Illinois - Session: 104th General Assembly (2025–2026) - Title: CIV PRO-POST-JUDGMENT RELIEF - Status: signed - Chamber: Senate - Introduced: 2025-02-05 - Last action: 2025-08-01, Public Act . . . . . . . . . 104-0120 - Sponsor: Robert F. Martwick (Democratic) - Cosponsors: 8 - Subjects: assignments, judiciary, judiciary - civil - Touches household money: yes - Roll calls: 4 (192 yes, 0 no in all) - Economic provisions PRIA read: 8 ## 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. ## Bill overview: provisions PRIA read - Debtors keep more injury payment money: benefit, high. 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: benefit, high. 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 als… - Consumer debt judgments face collection deadlines: benefit, medium. 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 th… - Consumer debtors get automatic account protection: benefit, medium. 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 th… - Debtors can protect more household property: benefit, medium. 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 o… - Workers can protect more trade tools: benefit, medium. 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: benefit, low. 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: mixed, low. 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… ## Sponsors and cosponsors - Sponsor: Robert F. Martwick (Democratic), Senate - Cosponsor: Daniel Didech (Democratic), House - Cosponsor: Edgar González, Jr. (Democratic), House - Cosponsor: Jennifer Gong-Gershowitz (Democratic), House - Cosponsor: Margaret Croke (Democratic), House - Cosponsor: Maurice A. West, II (Democratic), House - Cosponsor: Michael E. Hastings (Democratic), Senate - Cosponsor: Robyn Gabel (Democratic), House - Cosponsor: Will Guzzardi (Democratic), House ## Roll call votes | Date | Chamber | Motion | Result | Yes | No | Other | | --- | --- | --- | --- | --- | --- | --- | | 2025-05-21 | House | Third Reading - Short Debate - Passed | pass | 109 | 0 | | | 2025-04-23 | House | Do Pass / Short Debate Judiciary - Civil Committee; | pass | 19 | 0 | | | 2025-04-09 | Senate | Third Reading - Passed; | pass | 56 | 0 | | | 2025-03-06 | Senate | Do Pass Judiciary; | pass | 8 | 0 | | ## Actions (33) - 2025-08-01: Public Act . . . . . . . . . 104-0120 (Senate) - 2025-08-01: Effective Date January 1, 2026 (Senate) - 2025-08-01: Governor Approved (Senate) - 2025-06-18: Sent to the Governor (Senate) - 2025-05-21: Added Alternate Co-Sponsor Rep. Edgar González, Jr. (House) - 2025-05-21: Added Alternate Co-Sponsor Rep. Robyn Gabel (House) - 2025-05-21: Added Alternate Co-Sponsor Rep. Will Guzzardi (House) - 2025-05-21: Passed Both Houses (Senate) - 2025-05-21: Third Reading - Short Debate - Passed 109-000-000 (House) - 2025-05-20: Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II (House) - 2025-05-20: Added Alternate Chief Co-Sponsor Rep. Margaret Croke (House) - 2025-05-20: Added Alternate Chief Co-Sponsor Rep. Daniel Didech (House) - 2025-05-14: Placed on Calendar Order of 3rd Reading - Short Debate (House) - 2025-05-14: Second Reading - Short Debate (House) - 2025-04-23: Placed on Calendar 2nd Reading - Short Debate (House) - 2025-04-23: Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000 (House) - 2025-04-17: Assigned to Judiciary - Civil Committee (House) - 2025-04-09: Referred to Rules Committee (House) - 2025-04-09: First Reading (House) - 2025-04-09: Chief House Sponsor Rep. Jennifer Gong-Gershowitz (House) - 2025-04-09: Arrived in House (House) - 2025-04-09: Third Reading - Passed; 056-000-000 (Senate) - 2025-04-09: Placed on Calendar Order of 3rd Reading (Senate) - 2025-04-04: Placed on Calendar Order of 3rd Reading ** (Senate) - 2025-03-18: Placed on Calendar Order of 3rd Reading March 19, 2025 (Senate) - 2025-03-18: Second Reading (Senate) - 2025-03-06: Placed on Calendar Order of 2nd Reading March 18, 2025 (Senate) - 2025-03-06: Do Pass Judiciary; 008-000-000 (Senate) - 2025-02-27: Added as Chief Co-Sponsor Sen. Michael E. Hastings (Senate) - 2025-02-18: Assigned to Judiciary (Senate) - 2025-02-05: Referred to Assignments (Senate) - 2025-02-05: First Reading (Senate) - 2025-02-05: Filed with Secretary by Sen. Robert F. Martwick (Senate) ## Bill text - Engrossed: [PDF](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738eng.pdf) - Enrolled: [PDF](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738enr.pdf) - Introduced: [PDF](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738.pdf) ## Related bills - HB5198: AFFORDABLE HOUSING-CILAS (passed house) - SB1937: PENSION CODE-VARIOUS (passed senate) - HB2563: CONDO-RESERVE STUDY (in committee) - HB4701: LIMITATIONS FACILITY FEES ACT (in committee) - SB3008: DHS-ABLE PROGRAM INFO MATERIAL (passed senate) - SB3484: VEH CD-PLATES-REGISTRATION (signed) ## Sources - [Engrossed (PDF)](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738eng.pdf) - [Enrolled (PDF)](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738enr.pdf) - [Introduced (PDF)](https://www.ilga.gov/documents/legislation/104/SB/PDF/10400SB1738.pdf) ## Related - [HB5198: AFFORDABLE HOUSING-CILAS](https://policyrisk.com/state-bill/IL-HB5198-2025-2026) - [SB1937: PENSION CODE-VARIOUS](https://policyrisk.com/state-bill/IL-SB1937-2025-2026) - [HB2563: CONDO-RESERVE STUDY](https://policyrisk.com/state-bill/IL-HB2563-2025-2026) - [HB4701: LIMITATIONS FACILITY FEES ACT](https://policyrisk.com/state-bill/IL-HB4701-2025-2026) - [SB3008: DHS-ABLE PROGRAM INFO MATERIAL](https://policyrisk.com/state-bill/IL-SB3008-2025-2026) - [SB3484: VEH CD-PLATES-REGISTRATION](https://policyrisk.com/state-bill/IL-SB3484-2025-2026) - [Illinois bills](https://policyrisk.com/states/illinois/bills) - [Illinois state hub](https://policyrisk.com/states/illinois) - [All state legislation](https://policyrisk.com/state-bills) Source: PRIA, https://policyrisk.com/state-bill/IL-SB1738-2025-2026 (as of 2026-11-01).