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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.
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.
A "Default Judgment" is similar to a Judge's order in that it can be used to place a lien on your property, garnish your wages and/or affect your credit. The city usually requests that the maximum fine be imposed in default matters.
2-619. Involuntary dismissal based upon certain defects or defenses.
A court judgment must be recorded with the Recorder of Deeds in the county where the property is located in Illinois before it can be enforced. Even if the property is situated in the same county as the judgment, the creditor must record the judgment.
At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion.
A 2-615 motion for judgment on the pleadings requires a determination of whether the pleadings disclose any material issue of fact and, if not, whether the moving party is entitled to judgment as matter of law.
There are two types of Motions to Dismiss in Illinois: 2-6151 Motions and 2-6192 Motions. While each Motion seeks the same relief– the dismissal of the Petitioner's pleading– they are filed for different reasons.
26 We will discuss these distinctions in detail, but a simple rule to remember is that a section 2- 615 motion is used to test the complaint's legal sufficiency, a section 2-619 motion is used where something outside of the litigation prevents the claim, and a section 2-1005 motion is used where the facts do not ...