Judgment Lien On Personal Property In Chicago

State:
Multi-State
City:
Chicago
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

The Judgment Lien on Personal Property in Chicago is a crucial legal form used to secure a creditor's interest in a debtor's personal property following the issuance of a judgment. This form allows creditors to enforce their rights by placing a lien against the personal assets of a debtor, ensuring that they can recoup the owed amount if the debtor sells or transfers ownership of the property. Key features include clear identification of the debtor, details of the judgment, and instructions on how and where to file the lien to make it effective. Filling out this form requires accurate details; users should ensure the judgment information is correctly referenced and filed in the appropriate county. Attorneys and paralegals find this form essential for effectively managing the collection process, while owners and associates benefit from understanding how to protect their financial interests. Legal assistants can assist in preparing and filing the form, making it vital for a smooth enforcement of judgment. Overall, this form serves as a tool to safeguard creditor rights and support fair resolution in financial disputes.

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FAQ

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A lien can be placed on your property without your immediate knowledge. Typically, when someone places a lien on your property, they are required to notify you. However, communication delays can prevent you from being informed right away, especially if your mailing address is outdated.

In Illinois, a judgment from an Illinois state court, or a federal court located in Illinois, becomes a lien on real property only after a transcript, certified copy, or memorandum of the judgment is recorded at the office of the county recorder in the county where the property is located. 735 ILCS 5/12-101.

In a Nutshell This court order allows them to collect on the debt by seizing your real or personal property (or putting a lien on it), garnishing your wages, or levying your bank account. Personal property includes everything from household goods to vehicles. Real property includes things like your home or land.

Illinois law governs the time limit for enforcing judgment and states “no judgment shall be enforced after the expiration of 7 years from the time the same is rendered.”1 The same statute allows the 7-year limitation period to be extended “upon the revival of the judgment by a proceeding.”

How does a creditor go about getting a judgment lien in Illinois? To attach a lien, if the debtor's property is located in the same county where the judgment was entered, the creditor files the judgment with the county recorder.

Illinois law governs the time limit for enforcing judgment and states “no judgment shall be enforced after the expiration of 7 years from the time the same is rendered.”1 The same statute allows the 7-year limitation period to be extended “upon the revival of the judgment by a proceeding.”

Enforcement proceedings (also known as collection actions) to collect judgments are governed primarily by 735 ILCS 5/2-1402. This statute provides three main tools for enforcing and collecting judgments: (1) the Citation to Discover Assets; (2) wage garnishment proceedings; and (3) non-wage garnishment proceedings.

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A property owner can choose to place a lien on their property. A voluntary lien is a claim over the property that a homeowner agrees to give to a creditor as security for the payment of a debt. A mortgage lien is the most common type of voluntary real estate lien, also called a deed of trust lien in some states.

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Judgment Lien On Personal Property In Chicago