SB 1738 Illinois Senate · 104th Regular Session

CIV PRO-POST-JUDGMENT RELIEF

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 status signed all 5 stages cleared
Introduction
Apr 2025
Committee Review
Apr 2025
Senate Passage
May 2025
House Passage
May 2025
Signed into Law
Aug 2025
Introduced Apr 9, 2025 Signed Aug 1, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Engrossed Enrolled · 1 edit · Aug 1, 2025
MINOR
The bill text was finalized for signing, with the primary substantive change being a minor formatting adjustment to the spacing of a date reference. No policy, funding, or eligibility changes were made.
TECHNICAL

Added extra spaces after the date 'January 1, 2022' in the fee schedule section, likely to align text in the final printed version.

Floor votes · Senate Apr 9, 2025 · House May 21, 2025

How they voted

550
Passed · 3 other
Total votes 58
Apr 9, 2025
D Democratic39
36 Yea 3
92% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
33
Key actions
6
Committee
6
Aug 1, 2025
Signed into law
Governor Approved
upper
May 21, 2025
Upper · Passed
Passed Both Houses
upper
May 21, 2025
Lower · Passed
Third Reading - Short Debate - Passed 109-000-000
lower
Apr 23, 2025
Lower · Passed
Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000
lower
Apr 17, 2025
Committee
Assigned to Judiciary - Civil Committee
lower
Apr 9, 2025
Committee
Referred to Rules Committee
lower
Apr 9, 2025
Introduced
Arrived in House
lower
Apr 9, 2025
Upper · Passed
Third Reading - Passed; 056-000-000
upper
Mar 6, 2025
Upper · Passed
Do Pass Judiciary; 008-000-000
upper
Feb 18, 2025
Committee
Assigned to Judiciary
upper
Feb 5, 2025
Committee
Referred to Assignments
upper
2 primary · 6 co-sponsors

Sponsors