In re Marriage of Peck, 2019 IL App (2d) 180598

1. Case citation and parties
- In re Marriage of Peck, 2019 IL App (2d) 180598 (Ill. App. Ct. Apr. 16, 2019).
- Petitioner-Appellant: Lisa R. Peck. Respondent-Appellee: Robert A. Peck.

2. Key legal issues
- Whether a petition to revive under 735 ILCS 5/2-1602 (statutory replacement for scire facias) applies to a dissolution-judgment provision that allocates equitable interest in real property (i.e., a non-monetary/property allocation).
- Whether dismissal under section 2-615 was appropriate (question whether a revival petition is a “pleading” subject to 2-615 was raised but not dispositive).

3. Holding/outcome
- Affirmed. The appellate court held section 2-1602 applies only to money judgments (judgment debts). The trial court properly dismissed petitioner’s petition to revive because the amended dissolution order merely allocated equitable property interests (50/50) and did not set a specific monetary judgment amount subject to revival under 2-1602.

4. Significant legal reasoning
- Textual analysis: section 2-1602(b) requires the petition to state the “original date and amount of the judgment,” and subsection (d) provides the revival order is “for the original amount of the judgment.” The statute repeatedly contemplates an ascertainable monetary judgment against a judgment debtor.
- Historical context: section replaces scire facias (a remedy to revive dormant monetary judgments).
- Application: the dissolution amendment divided equitable interest in the Smith Drive property (50/50) but did not create a quantified money judgment owed by one party to the other; petitioner therefore could not comply with the statute’s mandatory content (amount, accrued interest). The court consequently concluded 2-1602 does not reach such orders. The panel also noted respondent’s concession that the dissolution judgment remained enforceable after seven years, so revival under 2-1602 was not required.

5. Practice implications (concise)
- Don’t use 2-1602 to “revive” bare property-allocation or declaratory provisions that do not fix a dollar judgment. 2-1602 is for reviving monetary judgments; petitions must plead original date and amount, costs, interest, credits.
- If seeking post-dissolution relief tied to property shares, pursue alternatives: motion to enforce the dissolution judgment, supplemental proceedings/execution (if a money judgment can be quantified), partition action, accounting/equitable lien, or convert the award into a money judgment by valuation or foreclosure of an enforced equitable lien.
- When revival is appropriate, strictly plead statutory requirements and be mindful of bankruptcy-lien limitations (2-1602(e)).
- If procedural posture is contested (is revival a “pleading”?), be prepared to argue both statutory substance and alternative enforcement avenues.