Golden v. Puccinelli

Illinois Appellate Court
Civil Court
Judgments
Citation
Case Number: 
2016 IL App (1st) 150921
Decision Date: 
Friday, September 30, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
LAMPKIN

Personal injury suit resulted in judgment in 1993 in favor of Plaintiff and against Defendant. Plaintiff then, in 1993, obtained wage deduction judgment against Defendant's employer. In 2014, Defendant moved circuit court to terminate wage deduction proceedings. Court erred in denying Defendant's motion, as the over-20-year-old judgment had lapsed. Section 2-1602(h) of Code fo Civil Procedure does not extend the 20-year limitation on revival of judgments. Section 2-1602(h) only removes routine requirement of moving the court every 7 years to revive a dormant judgment in a pending enforcement proceeding, but the 20-year time limit to file a revival petition still applies to pending wage deduction proceedings.(REYES, concurring; GORDON, specially concurring.)