Illinois assessment judgments now expire in 15 years with no revival, and $1,000 is off limits
Illinois assessment judgments now expire in 15 years with no revival, and $1,000 is off limits
2026-09-10 · Illinois · Legislation
What happened. SB 1738 was signed August 1, 2025 as Public Act 104-0120, effective January 1, 2026. It is the most consequential change to Illinois association collections practice in years, and it has been almost entirely unreported on this beat, because nothing in it mentions condominiums.1
It amends sixteen sections of the Code of Civil Procedure and adds three new ones — 735 ILCS 5/2-1402.1, 5/12-705.1 and 5/12-1001.1.
The definition that decides whether it applies to you
“Consumer debt” is money or property due from a natural person arising from a transaction in which property, services or money was acquired “for personal, family, or household purposes.” A “consumer debt judgment” excludes bodily-injury and death compensation, and excludes judgments where the debt is guaranteed by, or carries joint-and-several liability with, a business.
A judgment for unpaid assessments against an individual owner of a residential unit will frequently meet that test. The working assumption is that it does, with the investor-LLC case the exception rather than the rule.
Change one: an automatic $1,000 in the bank
New Section 12-1001.1 gives a judgment debtor against whom a consumer debt judgment was entered on or after January 1, 2020 the right to $1,000 of equity in personal property held in a checking or savings account at a third-party citation respondent or garnishee. It is automatic — it attaches immediately on entry of judgment, before any court order confirming the exemption or directing turnover.
The citation or garnishment lien does not attach to that $1,000 before the return date, and the respondent must exclude it when withholding. It is carved out of, not added to, the debtor's existing $4,000 wildcard equity under 12-1001(b). The right expires on the return date: if the debtor does not appear to claim it, the court may order the whole balance turned over.
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- Change two: a hard 15-year life, and no revival
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