Files
2026-07-06 17:27:20 -04:00

89 lines
7.0 KiB
Markdown
Raw Permalink Blame History

This file contains ambiguous Unicode characters
This file contains Unicode characters that might be confused with other characters. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.
---
type: "Bill"
title: "CIV PRO-JUDGMENT-REVIVAL"
description: "Amends the Code of Civil Procedure. Provides that if a creditor discovers personal property of the judgment debtor that is subject to the lien of a citation to discover assets, the creditor may have the court impress a lien against a specific item of personal property, including a land trust. Provides that this type of lien survives the termination of the citation proceedings and remains as a lien against the personal property. Provides that if the judgment is revived before dormancy, the lien shall remain. Provides that a lien against personal property may be recorded in the recorder's office or filed pursuant to the Uniform Commercial Code. Provides that if a statute or case requires or permits a judgment creditor to use the remedy of a charging order, this remedy may be obtained by using an enforcement procedure under the Act and provides that if the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens. Amends the Probate Act of 1975. Modifies provision that states that all claims against an estate are barred 2 years after decedent's death, by adding an exception that states: if the estate is opened 21 months after the date of death or later, a claim must be filed not less than 6 months after the first notice is published or 3 months from the date of mailing or delivery of the required notice, whichever is later."
jurisdiction: "us/states/il"
legislature: "Illinois General Assembly"
session: "97th"
identifier: "HB 3478"
citation: "Illinois HB 3478 (97th)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 3
action_count: 29
vote_count: 2
first_action: "2011-02-24"
last_action: "2011-08-12"
source: "openstates"
source_identifier: "ocd-bill/13cb56d1-10ad-4d13-bb82-06a09926b4cc"
source_url: "http://ilga.gov/legislation/BillStatus.asp?DocNum=3478&GAID=11&DocTypeID=HB&LegId=60863&SessionID=84&GA=97"
source_hash: "292e424e94e5a904ee5bf3b8ff5570edf3afa2ee38200070503f2308e6054854"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-il"]
---
# Illinois HB 3478 (97th) — CIV PRO-JUDGMENT-REVIVAL
Amends the Code of Civil Procedure. Provides that if a creditor discovers personal property of the judgment debtor that is subject to the lien of a citation to discover assets, the creditor may have the court impress a lien against a specific item of personal property, including a land trust. Provides that this type of lien survives the termination of the citation proceedings and remains as a lien against the personal property. Provides that if the judgment is revived before dormancy, the lien shall remain. Provides that a lien against personal property may be recorded in the recorder's office or filed pursuant to the Uniform Commercial Code. Provides that if a statute or case requires or permits a judgment creditor to use the remedy of a charging order, this remedy may be obtained by using an enforcement procedure under the Act and provides that if the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens. Amends the Probate Act of 1975. Modifies provision that states that all claims against an estate are barred 2 years after decedent's death, by adding an exception that states: if the estate is opened 21 months after the date of death or later, a claim must be filed not less than 6 months after the first notice is published or 3 months from the date of mailing or delivery of the required notice, whichever is later.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Introduced** (filed) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB3478&GA=97&SessionId=84&DocTypeId=HB&LegID=60863&DocNum=3478&GAID=11&Session=&print=true)
2. **Engrossed** (committee substitute) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB3478eng&GA=97&SessionId=84&DocTypeId=HB&LegID=60863&DocNum=3478&GAID=11&Session=&print=true)
3. **Enrolled** (enrolled) — [source](http://ilga.gov/legislation/fulltext.asp?DocName=09700HB3478enr&GA=97&SessionId=84&DocTypeId=HB&LegID=60863&DocNum=3478&GAID=11&Session=&print=true)
## Votes
- Third Reading — **570** (pass) · upper
- Third Reading — **1050** (pass) · lower
## Sponsors
- Sidney H. Mathias — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2011-02-24** Filed with the Clerk by Rep. Sidney H. Mathias `filing`
- **2011-02-24** First Reading `reading-1`
- **2011-02-24** Referred to Rules Committee `referral-committee`
- **2011-03-01** Assigned to Judiciary I - Civil Law Committee `referral-committee`
- **2011-03-09** Do Pass / Short Debate Judiciary I - Civil Law Committee; 011-000-000 `committee-passage`
- **2011-03-09** Placed on Calendar 2nd Reading - Short Debate
- **2011-03-10** House Floor Amendment No. 1 Filed with Clerk by Rep. Sidney H. Mathias `amendment-introduction`
- **2011-03-10** House Floor Amendment No. 1 Referred to Rules Committee `referral-committee`
- **2011-03-15** House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000 `committee-passage-favorable`
- **2011-03-17** Second Reading - Short Debate `reading-2`
- **2011-03-17** House Floor Amendment No. 1 Adopted by Voice Vote `amendment-passage`
- **2011-03-17** Placed on Calendar Order of 3rd Reading - Short Debate
- **2011-04-01** Third Reading - Short Debate - Passed 105-000-000 `reading-3, passage`
- **2011-04-06** Arrive in Senate `introduction`
- **2011-04-06** Placed on Calendar Order of First Reading `reading-1`
- **2011-04-06** Chief Senate Sponsor Sen. Ira I. Silverstein
- **2011-04-07** First Reading `reading-1`
- **2011-04-07** Referred to Assignments `referral-committee`
- **2011-04-27** Assigned to Judiciary `referral-committee`
- **2011-05-10** Do Pass Judiciary; 008-000-000 `committee-passage`
- **2011-05-10** Placed on Calendar Order of 2nd Reading May 11, 2011
- **2011-05-12** Second Reading `reading-2`
- **2011-05-12** Placed on Calendar Order of 3rd Reading May 13, 2011
- **2011-05-17** Third Reading - Passed; 057-000-000 `reading-3, passage`
- **2011-05-17** Passed Both Houses
- **2011-06-15** Sent to the Governor `executive-receipt`
- **2011-08-12** Governor Approved `executive-signature`
- **2011-08-12** Effective Date January 1, 2012
- **2011-08-12** Public Act . . . . . . . . . 97-0350 `became-law`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/13cb56d1-10ad-4d13-bb82-06a09926b4cc`. Confidence: reported (aggregated from official Illinois legislature records).