This form is a sample letter in Word format covering the subject matter of the title of the form.
Judgment Lien On Personal Property In Illinois
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Multi-State
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US-0025LTR
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Word;
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FAQ
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.
Essentially, consensual liens don't adversely affect your credit as long as repayment terms are satisfied. Judgment and most statutory liens have a negative impact on your credit score and report, which affect your ability to obtain financing in the future.
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.”
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.
If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date. This means that it is possible to no longer have a judgment against you, but still have a judgment lien on your property.
Of the three types of liens (consensual, statutory, and judgment), the judgment lien is the most dangerous form, but one which the informed business owner may be able to eliminate. A judicial lien is created when a court grants a creditor an interest in the debtor's property, after a court judgment.
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.
County Court Clerk's Office: Visit the clerk's office in the county where the property is located and request a tax lien search for the specific property. The information available through the county clerk's office is similar to online platforms but often more detailed.
Under Illinois law, a mechanics lien should be filed in the County Recorder of Deeds where the property is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.
