Illinois Compiled Statutes 735 Civil Procedure: Article XII - Judgments - Enforcement

Part 1. in General

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-101
  Lien of judgment. With respect to the creation of liens on real estate by judgments, all real estate in the State of Illinois is divided...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-102
  Judgment against partnership. A judgment entered against a partnership in its firm name is enforceable only against property of the partnership and does not...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-103
  Representative capacity. A judgment entered against a person not as a result of a contract made by him or her or a tort committed...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-104
  Time of restraint deducted. When the party in whose favor a judgment is entered is restrained, by injunction, or by stay on appeal, or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-105
  Definition of "real estate". The term "real estate," when used in Part 1 of Article XII of this Act includes lands, tenements, hereditaments, and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-106
  Enforcement in other counties. The person in whose favor any judgment is entered, may have the judgment enforced by the proper officer of any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-107
  Incarceration of judgment debtor. No order shall be entered for the incarceration of a judgment debtor as a means of satisfying a money judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-107.5
  Body attachment order. (a) No order of body attachment or other civil order for the incarceration or detention of a natural person respondent to answer...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-108
  Limitation on enforcement. (a) Except as herein provided, no judgment shall be enforced after the expiration of 7 years from the time the same...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-109
  Interest on judgments. (a) Every judgment except those arising by operation of law from child support orders shall bear interest thereon as provided in Section...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-110
  Certified copy returnable. Certified copies of judgments which are delivered to an appropriate officer for enforcement shall be returnable within 90 days after the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-111
  When binding on personalty. No judgment shall bind the goods and chattels of the person against whom it is entered, until a certified copy...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-112
  What liable to enforcement. All the lands, tenements, real estate, goods and chattels (except such as is by law declared to be exempt) of every...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-112.5
  Charging orders. If a statute or case requires or permits a judgment creditor to use the remedy of a charging order, said remedy may be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-113
  Election of property. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, the judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-114
  Sale in separate items. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, when...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-115
  Notice of sale of real estate. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-116
  Penalty for neglect of officer. If any sheriff or other officer sells any real estate by virtue of any judgment, otherwise than in the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-119
  Certificate. When any real estate is sold by virtue of a judgment, or enforcement of mechanic's lien, or vendor's lien, or for the payment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-120
  Deposit of money - Receipt of other document. With respect to any sale made in open court, wherever provisions are made in Part 1...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-121
  Certificate recorded. The purchaser shall, within 10 days from such sale, file in the office of the recorder of the county in which the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-122
  Redemption. Any defendant, his or her heirs, executors, administrators, assigns, or any person interested in the premises, through or under the defendant, may, except...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-131
  Certificate of redemption. Except as to any sale had by virtue of a judgment of foreclosure entered in accordance with Article XV, in all...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-132
  Redemption by creditors. If a redemption is not made, pursuant to Section 12-122 of this Act where applicable, prior to the making of redemption...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-133
  Redemption money bid. The creditor, his or her heirs, executors, administrators or assigns, having so redeemed, shall be considered as having bid at such...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-134
  Bid at more than redemption money. If at any sale held pursuant to Section 12-132 of this Act, a greater amount is bid and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-135
  Further redemptions. Successive redemptions may be made of the premises at any time within 60 days of the last sale at which they were...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-136
  Preference in redemptions. When there are several judgment creditors, the creditor having the senior judgment shall have the preference to redeem during the first...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-137
  Subsequent redemptions. Any redemption made under Sections 12-132 through 12-136 of this Act, by any judgment creditor, his or her heirs, executors, administrators or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-138
  Redemptions of parts as sold. Any person entitled to redeem may redeem the whole or any part of the premises sold, in like distinct...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-139
  Redemption by joint owner. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-140
  Redemption on claims allowed in probate. For the purpose of redemption from the sale of real estate of a deceased debtor, any person whose...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-141
  Taxes and assessments during period of redemption. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-142
  Realty sold to satisfy junior lien. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-143
  Commissions. No commission upon the amount of the redemption money paid in any case shall be allowed to the officer receiving the same, but...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-144
  Certificate assignable. Every certificate which is given by any officer to any purchaser, under the provisions of Part 1 of Article XII of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-144.5
  Report of sale and confirmation of sale. (a) When the premises mentioned in the certificate are not redeemed in pursuance of law, the legal...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-145
  Time of execution of deed. When the premises mentioned in such certificate are not redeemed in pursuance of law, and the court issuing the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-146
  Foreclosures subject to prior law. Any sales of real estate made pursuant to a judgment foreclosing a mortgage or trust deed executed on or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-147
  Form of deed. The deed may be substantially, in the following form: Whereas, A.B. .... in the .... court of .... county recovered a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-148
  Effect of deed. Such deed shall convey to the grantee therein named all the title, estate and interest of the judgment debtor, of every...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-149
  Title acquired at sale. The right, title and interest of any purchaser acquired at a sale made under or pursuant to any judgment in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-150
  Deed as evidence. Any deed which has been heretofore, or which may hereafter be so executed, or which has been executed pursuant to Article...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-152
  Certificate of levy. When a certified copy of a judgment is issued from a circuit court of any county in this State, and levied...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-153
  Form of certificate. The certificate may be substantially in the following form: STATE OF ILLINOIS,) ) ss...... County. ) I (here state the name...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-154
  Recordation of certificate. Such certificate shall be recorded by the recorder, in a book to be kept for that purpose. The fee for recording...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-155
  Death of judgment creditor. The collection of a judgment shall not be delayed or hindered, or the lien created by law abate, by reason...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-156
  Representative may purchase realty. When it is necessary in order to secure the collection of a judgment belonging to any estate the executor or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-157
  Death of judgment debtor. If a person dies, after a court enters on judgment for the payment of money against him or her, the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-158
  Goods and chattels. All goods and chattels, real and personal, may be taken and sold to satisfy a judgment, except as otherwise provided by...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-159
  Gold and silver. Current gold or silver coin, or other legal tender, may be levied upon for the enforcement of a judgment and may...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-160
  Bills. Bank bills, and all other bills or evidence of debt, issued by a moneyed corporation and circulated as money, may be levied upon...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-161
  Security. If there is reasonable doubt as to the ownership of the goods, or as to their liability to be levied upon to satisfy...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-162
  Delivery bond. When personal property is levied upon, or about to be levied upon, if the judgment debtor gives bond with sufficient security, to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-163
  When property not delivered. If the property is not delivered according to the condition of the bond, the officer having the certified copy of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-164
  Proceedings on delivery bond. If the officer does not obtain satisfaction of the judgment, he or she shall return the bond with the certified...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-165
  Second delivery bond. No second delivery bond shall be taken in behalf of a judgment debtor so failing to comply with the first, nor...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-166
  Notice of sale of personalty. Before any goods or chattels are sold to satisfy a judgment, at least 10 days' previous notice of such...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-167
  Postponing sale. The officer may postpone such sale from time to time, not exceeding 10 days at one time, whenever, for want of bidders...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-168
  Return - Liability. The officer making such sale shall, in his or her return of the certified copy of the judgment particularly describe the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-169
  Marshalling proceeds. If the goods or chattels sold to satisfy the judgment have been attached by another creditor or seized on another judgment either...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-170
  Levy upon corporate stock. The share or interest of a stockholder in any corporation may be levied upon in the enforcement of a judgment,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-171
  Mode of levy on corporate stock. If the property has not been attached in the same action, the officer shall leave a copy of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-172
  Mode of sale of corporate stock. If the share is already attached in the same action, the officer shall proceed in seizing and selling...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-173
  Certificate of corporate officer. The officer of the company who keeps a record or account of the shares or interest of the stockholders therein,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-174
  Rights of purchaser. A certified copy of the judgment and of the return thereon shall, within 15 days after the sale, be left with...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-175
  Right to dividends. If the shares or interest of the judgment debtor had been attached in the action in which the judgment was entered,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-176
  Judgments between parties. Judgments between the same parties may be set off, one against another, if required by either party, as prescribed in the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-177
  Multiple judgments. When one of the judgments is delivered to an officer to be enforced, the debtor therein may deliver his or her judgment...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-178
  Cases excepted. Such set-off shall not be allowed in the following cases: 1. When the creditor in one of the judgments is not in...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-183
  Release of judgment. (a) Every judgment creditor, his or her assignee of record or other legal representative having received full satisfaction or payment of...

Part 2. Trial of Right of Property

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-201
  Procedure. (a) Whenever a judgment or order of attachment, entered by any court, shall be levied by any sheriff or coroner upon any personal...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-202
  Trial. The trial shall proceed without written pleadings in the same manner as in other civil cases, and may be by a jury if...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-203
  Subpoenas. The clerk of the court shall issue subpoenas for witnesses at the request of any party or the party's attorney. (Source: P.A. 82-280.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-204
  Trial and judgment. The court or the jury shall determine the rights of the parties and the court shall enter judgment accordingly, and the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-205
  Costs. If the judgment is entered in favor of the claimant as to part of the property, and in favor of another party as...

Part 3. Concealing Property

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-301
  Contempt for concealing property. Any person who hides or conceals any property so that it cannot be taken by virtue of an order or...

Part 4. Redemption by State

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-401
  Right of State as judgment creditor. Except as to any sale had by virtue of a judgment of foreclosure in accordance with Article XV...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-403
  Application. The provisions of Part 4 of Article XII of this Act shall not apply to any lien in favor of the State of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-404
  Does not include where State is nominal party. The term "lien or claim for lien in favor of the People of the State of...

Part 5. Federal Judgments

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-501
  Registration of Federal judgments. Judgments of courts of the United States held, within this State, and all process, returns, certificates of the levy of a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-502
  Lien of Federal judgments. Upon filing in the office of the recorder in any county of this State of a transcript, certified copy or...

Part 6. Foreign Judgments and Foreign-money Claims

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-618
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-619
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-620
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-621
  (Repealed). (Source: P.A. 95-865, eff. 8-19-08. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-622
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-623
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-624
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-625
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-626
  (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-630
  Short title; Uniform Foreign-Money Claims Act. Sections 12-630 through 12-645 may be cited as the Uniform Foreign-Money Claims Act. In those Sections, "this Act"...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-631
  Definitions. In this Act: (1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-632
  Scope. (a) This Act applies only to a foreign-money claim in an action or distribution proceeding. (b) This Act applies to foreign-money issues even...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-633
  Variation by agreement. (a) The effect of this Act may be varied by agreement of the parties made before or after commencement of an...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-634
  Determining money of the claim. (a) The money in which the parties to a transaction have agreed that payment is to be made is...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-635
  Determining amount of the money of certain contract claims. (a) If an amount contracted to be paid in a foreign money is measured by...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-636
  Asserting and defending foreign-money claim. (a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-637
  Judgments and awards on foreign-money claims; times of money conversion; form of judgment. (a) Except as provided in subsection (c), a judgment or award...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-638
  Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-639
  Pre-judgment and judgment interest. (a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-640
  Enforcement of foreign judgments. (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-641
  Determining United States dollar value of foreign-money claims for limited purposes. (a) Computations under this Section are for the limited purposes of the Section...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-642
  Effect of currency revalorization. (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-643
  Supplementary general principles of law. Unless displaced by particular provisions of this Act, the principles of law and equity, including the law merchant, and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-644
  Uniformity of application and construction. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-645
  Transitional provision. This Act applies to actions and distribution proceedings commenced after its effective date. (Source: P.A. 86-1291.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-650
  Short Title. Sections 12-650 through 12-657 of this Act may be cited as the Uniform Enforcement of Foreign Judgments Act. (Source: P.A. 87-358; 87-895.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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....
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 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...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-661
  Short title. Sections 12-661 through 12-672 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. In those Sections, "this Act" means the Uniform...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-662
  Definitions. In this Act: "Foreign country" means a government other than: (A) the United States; (B) a state, district, commonwealth, territory, or insular possession of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-663
  Applicability. (a) Except as otherwise provided in subsection (b), this Act applies to a foreign-country judgment to the extent that the judgment: (1) grants or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-664
  Standards for recognition of foreign-country judgment. (a) Except as otherwise provided in subsections (b) and (c), a court of this State shall recognize a foreign-country...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-665
  Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-666
  Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-667
  Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 12-666 finds that the foreign-country judgment is entitled to recognition under...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-668
  Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-669
  Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-670
  Uniformity of interpretation. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-671
  Saving clause. This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-672
  Act application. This Act applies to all actions commenced on or after the effective date of this amendatory Act of the 97th General Assembly in...

Part 7. Garnishment

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-701
  Affidavit for garnishment; Contents. Upon the filing by a judgment creditor, its attorney or other designee of (1) an affidavit that the affiant believes...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-702
  (Repealed). (Source: P.A. 82-280. Repealed by 89-364, eff. 1-1-96.)
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-703
  Garnishment of administrators and executors. Administrators and executors may be summoned as garnishees regarding indebtedness or other property belonging to any heir or distributee...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-704
  Exemptions from garnishment. Benefits and refunds payable by pension or retirement funds or systems and any assets of employees held by such funds or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-705
  Summons. (a) Summons shall be returnable not less than 21 nor more than 30 days after the date of issuance. Summons with 4 copies of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-706
  Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-707
  Duties of garnishee. (a) To the extent of the amount due upon the judgment and costs, the garnishee shall hold, subject to the order...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-708
  Deductions and set-offs of garnishee. The garnishee is entitled to assert against the indebtedness due to the judgment debtor offsetting claims against either or...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-709
  Negotiable paper. No person shall be liable as a garnishee by reason of having drawn, accepted, made or endorsed a negotiable instrument in the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-710
  Adverse claims; Trial. (a) In the event any indebtedness or other property due from or in the possession of a garnishee is claimed by any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-711
  Contest of answer and trial. (a) The judgment creditor or the judgment debtor may contest the truth or sufficiency of the garnishee's answer and...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-712
  Effect of judgment - Discharge no bar. Judgment against a garnishee shall be enforceable as in other civil cases and shall discharge the garnishee...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-713
  No judgment until debt due. If the debt from the garnishee to the judgment debtor is not due, judgment shall not be entered against...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-714
  Property surrendered in enforcement of a judgment and disposition thereof. (a) A garnishee having property other than money belonging to the judgment debtor, which...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-715
  Refusal or neglect of garnishee to deliver property. If a garnishee refuses or neglects to deliver property in his or her possession when ordered...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-716
  Costs and fees. (a) The costs of obtaining a garnishment order shall be charged to the judgment debtor, unless the court determines, in its...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-717
  Death of garnishee and procedure thereafter. Upon the death of a garnishee, the procedure shall be the same as in the case of the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-718
  Powers of court. If the garnishee has in his or her possession, custody or control any property belonging to the defendant or which he...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-719
  Transfer of interest by heir or legatee. No assignment, transfer or other disposition by an heir or distributee of his or her interest in...

Part 8. Wage Deductions

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-801
  Definitions. As used in Part 8 of Article XII of this Act: "Deduction order" means an order entered pursuant to Section 12-811 of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-802
  Force and effect of order. A deduction order entered under Part 8 of Article XII of this Act shall have the force and effect...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-803
  Wages subject to collection. The wages, salary, commissions and bonuses subject to collection under a deduction order, for any work week shall be the lesser...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-804
  Exemptions from deduction orders. Benefits and refunds payable by pension or retirement funds or systems and any assets of employees held by such funds...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-805
  Summons; Issuance. (a) Upon the filing by a judgment creditor, its attorney or other designee of (1) an affidavit that the affiant believes any person...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-806
  Service and return of summons. Summons shall be returnable not less than 21 nor more than 40 days after the date of issuance. Summons...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-807
  Failure of employer to appear. (a) If an employer fails to appear and answer as required by Part 8 of Article XII of this...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-808
  Duty of employer. (a) An employer served as herein provided shall pay the employee the amount of his or her exempt wages. (b) To the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-808.5
  Certification of judgment balance. Whenever a wage deduction order has not been fully satisfied by the end of the first full calendar quarter following the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-809
  Offsetting claims. The employer is entitled to assert against indebtedness due to the judgment debtor offsetting claims against either or both the judgment creditor...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-810
  Adverse claims. (a) In the event any indebtedness or other property due from or in the possession of an employer is claimed by any...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-811
  Trial and judgment. (a) The judgment creditor or the judgment debtor may contest the truth or sufficiency of the employer's answer and, in accordance...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-812
  Effect of order. A deduction order against an employer shall be enforceable as in other civil cases and shall discharge the employer of all...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-813
  Judgment by confession. A judgment by confession without service of process on the defendant shall not be the basis for seeking a deduction order,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-814
  Costs and fees. (a) The costs of obtaining a deduction order shall be charged to the judgment debtor, unless the court determines, in its discretion,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-815
  Death of employer. Upon the death of an employer the procedure shall be the same as in the case of the death of a...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-816
  Assignment, transfer or other disposition. No assignment, transfer or other disposition by an heir or distributee of his or her interest in the possession...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-817
  Wrongful issuance of summons. If any person wrongfully causes summons to issue for a deduction order, he or she shall be liable to the...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-818
  Discharge or suspension of employee prohibited. No employer may discharge or suspend any employee by reason of the fact that his or her earnings...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-819
  Limitations on part 8 of Article XII. The provisions of this Part 8 of Article XII of this Act do not apply to orders...

Part 9. Exemption of Homestead

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-901
  Amount. Every individual is entitled to an estate of homestead to the extent in value of $15,000 of his or her interest in a farm...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-902
  Exemption after death or desertion. Such exemption shall continue after the death of such individual, for the benefit of the spouse surviving, so long...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-903
  Extent of exemption. No property shall, by virtue of Part 9 of Article XII of this Act, be exempt from sale for nonpayment of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-903.5
  Drug asset forfeitures. (a) The homestead exemption under this Part 9 of Article XII does not apply to property subject to forfeiture under Section 505...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-904
  Release, waiver or conveyance. No release, waiver or conveyance of the estate so exempted shall be valid, unless the same is in writing, signed by...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-905
  Dissolution of marriage. In case of a dissolution of marriage, the court granting the dissolution of marriage may dispose of the homestead estate according...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-906
  Proceeds of sale. When a homestead is conveyed by the owner thereof, such conveyance shall not subject the premises to any lien or incumbrance to...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-907
  Insurance proceeds. Whenever a building, exempted as a homestead, is insured in favor of the person entitled to the exemption, and a loss occurs,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-908
  Enforcement of lien. In the enforcement of a lien in the circuit court upon premises, including the homestead, if such right is not waived...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-909
  Bid for less than exempted amount. No sale shall be made of the premises on such judgment unless a greater sum than $15,000 is bid...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-910
  Proceedings to enforce judgment. If in the opinion of the judgment creditors, or the officer holding a certified copy of a judgment for enforcement against...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-911
  Notice to judgment debtor. In case the value of the premises is, in the opinion of the commissioners, more than $15,000, and cannot be divided...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-912
  Sale of premises - Distribution of proceeds. In case of such surplus, or the amount due on the judgment is not paid within the 60...

Part 10. Exemption of Personal Property

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1001
  Personal property exempt. The following personal property, owned by the debtor, is exempt from judgment, attachment, or distress for rent: (a) The necessary wearing apparel,...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1002
  Schedule of property. It shall not be necessary for the debtor against whom a judgment or attachment was entered or distress warrant was issued...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1003
  When family entitled to exemptions. When the head of a family dies, deserts or does not reside with the same, the family shall be...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1004
  Judgment for wages. No personal property shall be exempt from levy of attachment or judgment if the debt or judgment is for the wages...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1005
  Liability for seizing exempt property. If any officer by virtue of any judgment or process, or any other person by any right of distress...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1006
  Exemption for retirement plans. (a) A debtor's interest in or right, whether vested or not, to the assets held in or to receive pensions,...

Part 11. Garnishment in Violation of Exemption

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1101
  Sending claim out of State. Whoever, whether principal, agent or attorney, with intent thereby to deprive any bona fide resident of the State of...
• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1102
  Assignment or transfer of claim. Whoever, either directly or indirectly, assigns or transfers any claim for a debt against a citizen of Illinois, for...

Part 12. Exemption in Bankruptcy

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1201
  Bankruptcy exemption. In accordance with the provision of Section 522(b) of the Bankruptcy Code of 1978, (11 U.S.C. 522(b)), residents of this State shall...

Part 14. Orders to Take Into Custody

• Illinois Code of Civil Procedure. - 735 ILCS 5, Section 12-1401
  Orders to Take Into Custody. In any civil case where an order issues to take any person into custody for any reason, the order...

Last modified: February 18, 2015