Illinois Governor J.B. Pritzker Extends Garnishment and Eviction Prohibitions While the Circuit Court of Cook County Extends Foreclosure Moratorium Amidst COVID-19 Pandemic

On September 18, 2020, Illinois Governor J.B. Pritzker entered Executive Order 2020-55, which re-issues and extends the duration of Executive Order 2020-25 through October 17, 2020.  The prohibitions set forth in Executive Order 2020-25 were initially passed on April 14, 2020, in response to the COVID-19 pandemic and apply to the service of garnishment summonses, wage deduction summonses, and citations to discover assets on consumer debtors and consumer garnishees.  

Executive Order 2020-55 also extends the prohibition on the filing of residential eviction actions and enforcement of residential eviction orders through October 17, 2020.  Executive Order 2020-30, which set forth the original prohibition pertaining to residential evictions, contains an exception in the event the resident in question poses a direct threat to the health and safety of other tenants.

On September 21, 2020, the Chancery Division of the Circuit Court of Cook County entered General Administrative Order (GAO) 2020-11, which extends the existing stay on the entry of mortgage foreclosure judgments, evictions in furtherance of a foreclosure and foreclosure sales through October 17, 2020.  This prohibition also includes confirming sales or any other order the Court determines to be in the furtherance of a foreclosure, foreclosure sale, or eviction.  This moratorium excludes vacant properties.  Per GAO 2020-11, lenders should not schedule any new foreclosure sales or reschedule stayed sales until further order of the court.  Additionally, any sale that was rescheduled due to the COVID-19 protocols must be re-noticed and re-published.

Weltman will continue to monitor the State of Illinois’ response to the coronavirus pandemic as it pertains to the financial services industry and will provide an update accordingly.

For more comprehensive information and insights, watch our Residential Evictions: Procedures and Post-Judgment webinar.

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