Illinois Foreign Judgments Law


Judgments – Foreign Judgments – Illinois

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Short Title.
Sections 12-650 through 12-657  of  this Act may be cited as the Uniform Enforcement of Foreign Judgments Act.  Chap. 735, Part 6, Sec. 12-650.

(735 ILCS 5/12-651)
Definition.
As  used  in  Sections  12-650  through 12-657,  “foreign  judgment”  means  any judgment, decree, or order of a court of the United States or of any other court which  is  entitled  to full faith and credit in this State. Chap. 735, Part 6, Sec. 12-651.

(735 ILCS 5/12-652)
Filing and Status of Foreign Judgments.

(a)  A copy of any foreign judgment authenticated in accordance with the acts of Congress or the statutes of this State may be filed in the office  of  the  circuit  clerk for any county of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court for any county of this State.  A judgment so filed has the same effect and is subject to the same procedures, defenses  and proceedings  for  reopening,  vacating,  or  staying  as a judgment of a circuit court for any county of  this  State  and may be enforced  or satisfied in like manner.
(b)  A  foreign  judgment  or  lien arising by operation of law, and resulting from an  order  requiring  child  support  payments shall  be entitled to full faith and credit in this State, shall be enforceable in the  same manner as any judgment or lien of this State resulting from an order requiring child support payments, and shall not be required to  be filed  with the office of the circuit clerk in any county of this State, except as provided for in Sections 10-25 and  10-25.5  of the Illinois Public Aid Code.
(c)  A  foreign  order  of protection issued by the court of another state, tribe, or United States territory is entitled to full faith  and credit  in this State, is enforceable in the same manner as any order of protection issued by a circuit court for any county of this  State, and may be filed with the  circuit  clerk in any county of this State as provided in Section 222.5 of the Illinois Domestic Violence Act of  1986 or Section  22.5  of the Code of Criminal Procedure of 1963.  A foreign order of protection shall not be required to be filed with the circuit clerk to be entitled to full faith and credit in this State.  Chap. 735, Part 6, Sec. 12-652.

(735 ILCS 5/12-653)
Notice of Filing.

(a)  At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the circuit clerk an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
(b)  Promptly upon the filing of a foreign judgment (other than a foreign  order  of  protection)  and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket.  The notice shall include  the  name  and  post  office  address  of  the judgment  creditor and the judgment creditor’s lawyer, if any, in this State.  In addition, the judgment creditor may  mail  a  notice  of  the filing of the judgment to  the judgment debtor and may file proof of mailing with the clerk.  Lack of mailing notice of filing by the clerk shall  not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
(c)  The clerk shall not mail notice of the filing of a foreign order of protection to the respondent named in the order. Chap. 735, Part 6, Sec. 12-653.

(735 ILCS 5/12-654)
Stay.

(a)  If the judgment debtor shows the circuit court that  an  appeal from the foreign judgment is pending or will be taken, or that a stay of execution  has  been  granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the  judgment  debtor has furnished the security for the satisfaction of the judgment required by the state in which is was rendered.
(b)  If the judgment debtor shows the circuit court any ground upon which  enforcement  of a judgment of any circuit court for any county of this State would be stayed, the court  shall  stay  enforcement of the foreign judgment for an appropriate  period, upon requiring the same security for satisfaction of the judgment  which  is  required  in  this State.  Chap. 735, Part 6, Sec. 12-654.

(735 ILCS 5/12-655)
Fees.

(a)  Any person filing a foreign judgment shall pay a fee to the circuit  clerk equivalent to the fee which would be required were the person filing a complaint seeking the  amount awarded in the foreign judgment.  Fees for  docketing, transcription or other enforcement proceedings shall be as provided for judgments of the circuit court.
(b)  The clerk shall not charge a fee to any person to register a foreign order of protection.  Chap. 735, Part 6, Sec. 12-655.

(735 ILCS 5/12-656)
Optional Procedure.
The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired.  Chap. 735, Part. 6, Sec. 12-656.

(735 ILCS 5/12-657)
Sec. 12-657.  Uniformity of Interpretation.  This Act shall  be so interpreted  and  construed as to effectuate its general purpose to make uniform the law of those states which enact it.  Chap. 735, Part 6, Sec. 12-656.

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