When the party in whose favor a judgment is entered is restrained, by injunction, or by stay on appeal, or by the order of a court, or is delayed, on account of the death of the defendant from enforcement of the judgment, the time he or she is so restrained or delayed shall not be considered as any part of the time mentioned in Section 12-101 or 12-108 of this Act.
12-104.Time of restraint deducted.
Article XII. Judgments - Enforcement · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceTime a judgment creditor spends blocked by an injunction, a stay, another court order, or the debtor's death doesn't count toward the deadlines set in Sections 12-101 and 12-108.
Full Text of 735 ILCS 5/12-104
Plain-English Summary
The lien and enforcement deadlines elsewhere in this Part keep running against a creditor whether or not the creditor can act. This section corrects for that when the creditor's hands are legally tied. If a court restrains the creditor by injunction, by a stay pending appeal, or by some other order, or if enforcement is delayed because the defendant died, that stretch of time doesn't count against the periods fixed in Section 12-101 (lien duration) or Section 12-108 (limitation on enforcement).
The section addresses only how the clock is measured. It doesn't describe any filing or motion a creditor must make to claim the benefit, and it doesn't extend to every deadline in this Article, only to the two it names.
Frequently Asked Questions
Does an appeal pause the deadline for enforcing an Illinois judgment?
Yes. Time the creditor is restrained by a stay on appeal isn't counted toward the deadlines in Sections 12-101 or 12-108.
What events pause the judgment lien and enforcement deadlines under this section?
An injunction, a stay on appeal, another court order restraining the creditor, or delay caused by the defendant's death.
Which deadlines does this tolling rule affect?
Does a creditor need to file something to get credit for the delay?
The section doesn't describe any filing or motion; it only sets out how the restrained or delayed time is counted against the two deadlines.
Does this tolling rule apply to interest accrual under Section 12-109?
No, the text limits itself to the periods mentioned in Sections 12-101 and 12-108.
Amendment History
(Source: P.A. 82-280.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: tolling judgment enforcement deadline illinoisinjunction pauses judgment lien illinoisstay of judgment illinois deadlinedebtor's death delays judgment enforcement illinois