SB 1738

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."