SB1738Introduced in the Senate
CIV PRO-POST-JUDGMENT RELIEF
Introduced by Robert Martwick, District 10
What does this bill do?
Plain-English breakdown
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Official description
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.
Where it stands
Public Act . . . . . . . . . 104-0120
August 1, 2025
How did lawmakers vote?
House votes
2 recorded votes · each counted separately
Senate votes
2 recorded votes · each counted separately
HouseStage: Third Reading in House · May 21, 2025
109
Yes
0
No
2
Absent or Not Voting
111 representatives recorded in this House vote. Colors show vote categories only, not whether a vote was good or bad.
What do people think?
Citizen Voice
How would you vote on this bill?
An unofficial public opinion poll. It does not affect the bill or the official vote.
One response per device. Location is self-reported and not verified. Results are informal and not a scientific survey.
See how each representative voted
| Representative | District | Vote |
|---|---|---|
| Aaron Ortiz | 1 | Yes |
| Elizabeth Hernandez | 2 | Yes |
| Eva Dina Delgado | 3 | Yes |
| Lilian Jimenez | 4 | Yes |
| Kimberly Du Buclet | 5 | Yes |
| Sonya Harper | 6 | Yes |
| Emanuel Welch | 7 | Yes |
| LaShawn Ford | 8 | Yes |
| Yolanda Morris | 9 | Yes |
| Jawaharial Williams | 10 | Yes |
Bill history
Filed with Secretary by Sen. Robert F. Martwick
First Reading
Referred to Assignments
Assigned to Judiciary
Added as Chief Co-Sponsor Sen. Michael E. Hastings
Do Pass Judiciary; 008-000-000
Placed on Calendar Order of 2nd Reading March 18, 2025
Second Reading
Placed on Calendar Order of 3rd Reading March 19, 2025
Placed on Calendar Order of 3rd Reading **
Placed on Calendar Order of 3rd Reading
Third Reading - Passed; 056-000-000
Arrived in House
Chief House Sponsor Rep. Jennifer Gong-Gershowitz
First Reading
Referred to Rules Committee
Assigned to Judiciary - Civil Committee
Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000
Placed on Calendar 2nd Reading - Short Debate
Second Reading - Short Debate
Placed on Calendar Order of 3rd Reading - Short Debate
Added Alternate Chief Co-Sponsor Rep. Daniel Didech
Added Alternate Chief Co-Sponsor Rep. Margaret Croke
Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II
Third Reading - Short Debate - Passed 109-000-000
Passed Both Houses
Added Alternate Co-Sponsor Rep. Will Guzzardi
Added Alternate Co-Sponsor Rep. Robyn Gabel
Added Alternate Co-Sponsor Rep. Edgar González, Jr.
Sent to the Governor
Governor Approved
Effective Date January 1, 2026
Public Act . . . . . . . . . 104-0120
Verify the information
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