Notice For Judgment Debtor In Illinois
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If you miss a court date, you might lose the case. This is called having a "default judgment" entered against you. If you file a motion to undo ("vacate") the default judgment within 30 days, you will probably succeed. If it has been more than 30 days, it is much harder to undo the judgment.
Once a court judgment is entered against you, creditors can access powerful debt collection tools they weren't previously able to use, like wage garnishment. In many cases, this means they can begin collection efforts right away. This could include garnishing your wages, freezing your bank account, or seizing property.
On application a default judgment where the plaintiff has agreed in writing can be rescinded or varied. “On application” means that the applicant needs to serve on the plaintiff a copy of the application and file with the clerk of the court the application.
If you believe the judgment was satisfied, discharged, or improperly filed, you may have grounds to oppose the motion. You typically have a limited amount of time to respond, so act promptly. File a written response with the court where the motion was filed, outlining any defenses or objections you may have.
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.
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.”
If you wish to fight renewal of judgment, you must file a motion to vacate the renewal within 30 days of receipt notice of renewal.
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.
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.
(a) Except as provided in subsection (a-5), a judgment may be revived by filing a petition to revive the judgment in the seventh year after its entry, or in the seventh year after its last revival, or in the twentieth year after its entry, or at any other time within 20 years after its entry if the judgment becomes ...
