RulesofCivilProcedure.com Civil Procedure · Every State

2-1601.Scire facias abolished.

Article II. Civil Practice · Part 16. Revival of Judgment · Last amended 2002 · Last verified July 20, 2026

In one sentenceSection 2-1601 abolishes the old writ of scire facias and directs anyone seeking to revive a stale judgment to instead file a petition under Section 2-1602.

Full Text of 735 ILCS 5/2-1601

Text size

Any relief which heretofore might have been obtained by scire facias may be had by employing a petition filed in the case in which the original judgment was entered in accordance with Section 2-1602.

Plain-English Summary

Scire facias was the historic writ a judgment creditor used to reopen a case and revive a judgment that had gone dormant, or to bring in a successor party against whom the judgment could still be enforced. Section 2-1601 eliminates that writ by name. Illinois no longer requires, or permits, a scire facias proceeding to accomplish what it once accomplished.

In its place, the statute channels every such request into one mechanism: a petition filed in the same case where the original judgment was entered, following the procedure Section 2-1602 lays out. A creditor no longer invokes a separate writ or a separate action; the revival request becomes a petition within the existing case file.

This section reads almost like a signpost — its substance points forward to Section 2-1602, where the mechanics of revival, including the filing deadlines, the required contents of the petition, service, and the effect of a revival order, are spelled out.

Frequently Asked Questions

What was scire facias used for before Illinois abolished it?

Historically, scire facias let a judgment creditor reopen a case to revive a dormant judgment or to bring in a party against whom the judgment could still be enforced. Section 2-1601 eliminates that writ.

How does a creditor revive a dormant judgment in Illinois today?

By filing a petition in the case where the original judgment was entered, following the procedure set out in Section 2-1602, rather than pursuing a separate scire facias action.

Does Section 2-1601 set its own filing deadlines for reviving a judgment?

No. Section 2-1601 abolishes the old writ and points to Section 2-1602, which contains the deadlines, petition requirements, and service rules that govern revival.

Is scire facias still available as an alternative to a revival petition?

No. The statute states that relief once obtained through scire facias is now had by petition under Section 2-1602 — there is no remaining scire facias option.

Does reviving a judgment under this framework require a new lawsuit?

No. The petition is filed within the original case, not as a new, separate lawsuit.

Amendment History

(Source: P.A. 92-817, eff. 8-21-02.)

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: scire facias Illinois abolishedreviving a judgment Illinoisdormant judgment Illinoispetition to revive judgmentSection 2-1601 Illinois