Current through Register Vol. 48, No. 38, September 20, 2024
a)
For purposes of this Section, the following definitions shall apply:
"Dead Judgment" - an unpaid judgment which is twenty (20) years
old or more [735 ILCS
5/13-218] .
"Debtor" - one who owes a debt.
"Department" - Department of Driver Services within the Office
of the Secretary of State.
"Dormant Judgment" - an unpaid judgment which is seven (7)
years old or more and has not been revived by petition. [735 ILCS
5/12-108] .
"Judgment Creditor" - one who is owed money due to a court
judgment in his/her favor and against the debtor.
"Revival of Judgment" - to render enforceable an unpaid dormant
judgment by filing a petition for revival.
b) A debtor may request that a suspension on
his/her driving record be cleared because the judgment forming the basis for
the suspension is dormant. The following documentation shall serve as proof of
dormancy:
1) A certified or file stamped copy
of a half or docket sheet maintained by the clerk of the court evidencing the
fact that seven (7) years have expired from the time the original judgment was
rendered and that the judgment has not been revived by petition; or
2) A court order or written verification on
official letterhead, by a judge or clerk of the court, that seven (7) years
have expired from the time the original judgment was rendered and that the
judgment has not been revived by petition; or
3) Written verification on official
letterhead, by a judge or clerk of the court, that the required documentation
has been destroyed or is not otherwise available and that no records of court
show that the judgment has been revived by petition or is in effect.
c) Upon receipt of the required
documentation from the debtor, the Safety and Financial Responsibility Section
of the Department shall determine if the debtor has filed proof of financial
responsibility insurance for three (3) accumulated years in accordance with the
Illinois Safety Responsibility Law of the Illinois Vehicle Code [625 ILCS 5
/Ch. 7]. If the judgment is under $500.00, proof of financial responsibility
insurance is not required.
1) If proof of
financial responsibility insurance has been given, the Safety and Financial
Responsibility Section shall notify the debtor via letter of the following:
A) Necessary documentation has been received
and accepted evidencing the fact that the judgment is dormant and has not been
revived by petition;
B) Proof of
financial responsibility insurance has been given for three (3) accumulated
years; and
C) The suspension will
be cleared and made effective a date certain.
2) Carbon copies of the correspondence will
be sent to the debtor's attorney.
3) If proof of financial responsibility
insurance has not been given and is required (judgment over $500.00), the
Safety and Financial Responsibility Section shall notify the debtor via letter
of the following:
A) Necessary documentation
has been received and accepted evidencing the fact that the judgment is dormant
and has not been revived by petition; and
B) Proof of financial responsibility
insurance must be given and maintained for three (3) accumulated years. The
suspension shall be cleared upon accepting proof of financial responsibility
insurance. The suspension shall be closed when three (3) years of financial
responsibility insurance have been accumulated.
4) Carbon copies of the correspondence will
be sent to the debtor's attorney and the judgment creditor and his/her
attorney, if their addresses are on file.
d) A dormant judgment may be revived by
petition anytime prior to the expiration of the twenty (20) year limitation
period. The following documents shall be considered adequate proof of revival
by the judgment creditor:
1) A certified or
file stamped order from the court granting the petition for revival;
or
2) A certified or file stamped
copy of a half or docket sheet maintained by the clerk of the court evidencing
the fact the original judgment has been revived by petition; or
3) Written verification on official
letterhead by a judge or clerk of the court, that the original judgment has
been revived by petition.
e) Upon receipt of the required documentation
of the judgment's revival from the judgment creditor, the Safety and Financial
Responsibility Section shall notify the judgment creditor and his/her attorney
and the debtor and his/her attorney that:
1)
Proof of revival has been received and accepted in accordance with subsection
(b) above by the Department; and
2)
If the original suspension has already been cleared, a new suspension will be
entered and made effective a date certain; or
3) If the original suspension has not been
cleared, it will remain in effect.
f) All suspensions entered because of unpaid
judgments now dead will be removed and terminated from the driver's license
file and the files of the Safety and Financial Responsibility
Section.
