Illinois Summons To Confirm Conditional Judgment

State:
Illinois
Control #:
IL-SKU-0079
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PDF
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Description

Summons To Confirm Conditional Judgment

Illinois Summons To Confirm Conditional Judgment is a legal document issued by a court in Illinois in order to confirm a previously entered judgment. It is used when a judgment has been entered without a trial. This document is used to inform the defendant of the judgment and to give them a chance to contest the judgment. There are two types of Illinois Summons To Confirm Conditional Judgment: one for a residential real estate foreclosure and one for a non-residential real estate foreclosure. The summons requires that the defendant appear in court and respond to the judgment. The summons provides the defendant with information about the court date, the amount of the judgment, and the defendant's rights.

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FAQ

In short, the statute provides that by filing an authenticated copy of the judgment (i.e. a certified copy of the judgment from the state it was entered in) with an affidavit, a notice of filing, and a cover sheet, a foreign judgment will become an Illinois judgment that can be enforced in Illinois.

US courts will only enforce foreign judgments when the rendering court possessed both personal and subject matter jurisdiction (Hilton v Guyot, 159 U.S. 113, 202 (U.S. 1895); section 4(a)(2)(3), Uniform Foreign Money-Judgments Recognition Act 1962 (UFMJRA); section 4(b)(2)(3) Uniform Foreign-Country Money Judgments

Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer as required by Part 7 of Article XII of this Act, the court may enter a conditional judgment against the garnishee for the amount due upon the judgment against the judgment debtor.

To register a foreign judgment in Illinois, you will need to prepare (1) a civil action cover sheet (selecting foreign judgment registration as the case type); (2) a foreign judgment registration cover sheet; (3) a notice of filing of the foreign judgment; (4) an authenticated copy of the judgment; and (4) an affidavit

Enforcement cannot be accomplished by means of letters rogatory in the United States. Under U.S. law, an individual seeking to enforce a foreign judgment, decree or order in this country must file suit before a competent court. The court will determine whether to recognize and enforce the foreign judgment.

Domestication is a legal proceeding in an appropriate court in the jurisdiction where you want to enforce the judgment. In a domestication action, you will ask that court to give effect to your foreign judgment.

More info

Conditional judgment. View on Westlaw or start a FREE TRIAL today, § 1.Summons to confirm conditional judgment, Secondary Sources. Check if served on Clerk of the State. Corporation Commission. 10. Conditional judgments are only allowed where a garnishee fails to appear and answer. Conditional judgment requires the employer to file an answer on or before the next court date. The creditor must issue a Summons after. Conditional judgment requires the employer to file an answer on or before the next court date. The creditor must issue a Summons after.

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Illinois Summons To Confirm Conditional Judgment