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SB1738Introduced in the Senate

CIV PRO-POST-JUDGMENT RELIEF

Passed

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.

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See how each representative voted

Bill history

  1. Filed with Secretary by Sen. Robert F. Martwick

  2. First Reading

  3. Referred to Assignments

  4. Assigned to Judiciary

  5. Added as Chief Co-Sponsor Sen. Michael E. Hastings

  6. Do Pass Judiciary; 008-000-000

  7. Placed on Calendar Order of 2nd Reading March 18, 2025

  8. Second Reading

  9. Placed on Calendar Order of 3rd Reading March 19, 2025

  10. Placed on Calendar Order of 3rd Reading **

  11. Placed on Calendar Order of 3rd Reading

  12. Third Reading - Passed; 056-000-000

  13. Arrived in House

  14. Chief House Sponsor Rep. Jennifer Gong-Gershowitz

  15. First Reading

  16. Referred to Rules Committee

  17. Assigned to Judiciary - Civil Committee

  18. Do Pass / Short Debate Judiciary - Civil Committee; 019-000-000

  19. Placed on Calendar 2nd Reading - Short Debate

  20. Second Reading - Short Debate

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. Added Alternate Chief Co-Sponsor Rep. Daniel Didech

  23. Added Alternate Chief Co-Sponsor Rep. Margaret Croke

  24. Added Alternate Chief Co-Sponsor Rep. Maurice A. West, II

  25. Third Reading - Short Debate - Passed 109-000-000

  26. Passed Both Houses

  27. Added Alternate Co-Sponsor Rep. Will Guzzardi

  28. Added Alternate Co-Sponsor Rep. Robyn Gabel

  29. Added Alternate Co-Sponsor Rep. Edgar González, Jr.

  30. Sent to the Governor

  31. Governor Approved

  32. Effective Date January 1, 2026

  33. Public Act . . . . . . . . . 104-0120

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