A judicial foreclosure proceeding can be initiated at any time after default on a secured obligation or a judgment which constitutes a lien on real property. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Illinois Motion for Satisfaction of Money Judgment by Judicial Sale: Understanding Types and Requirements Introduction: In Illinois, a Motion for Satisfaction of Money Judgment by Judicial Sale is a legal document filed by the judgment creditor to enforce and collect a money judgment through the sale of the debtor's property. This article explores the types of motions and requirements associated with this legal process. Types of Illinois Motion for Satisfaction of Money Judgment by Judicial Sale: 1. Standard Motion for Satisfaction of Money Judgment by Judicial Sale: — This type of motion is filed by the judgment creditor to initiate the process of selling the debtor's property to satisfy the outstanding money judgment. — It is typical when the debtor remains non-compliant or unable to satisfy the money judgment by other means. 2. Motion for Satisfaction of Money Judgment by Judicial Sale with Notice of Sale: — When filing this motion, the creditor must provide notice to the debtor about the sale of the property. — The notice aims to inform the debtor of the impending sale, offering an opportunity to redeem the property or propose an alternate arrangement. 3. Motion for Satisfaction of Money Judgment by Judicial Sale for Exempt Property: — In cases where the debtor claims certain property as exempt from sale, this motion is filed to determine the validity of the exemption. — It requires the debtor to provide evidence supporting the exemption claim, which the court reviews before granting or denying the motion. Requirements for Filing an Illinois Motion for Satisfaction of Money Judgment by Judicial Sale: 1. Identify the Judgment Debtor: — Clearly state the name and contact information of the judgment debtor, who owes the money judgment. 2. Specify the Money Judgment Details: — Include the original money judgment amount, interest accrued (if applicable), and any additional costs incurred during the enforcement process. 3. Describe the Property Subject to Judicial Sale: — Provide a detailed description of the property that the judgment creditor wants to sell to enforce the judgment. — Include the property address, legal description, and any liens or encumbrances on the property. 4. Prove Diligent Efforts: — Demonstrate the creditor's diligent efforts to collect the money judgment through other means, such as wage garnishment or bank levies. — This helps establish the necessity of judicial sale as a final recourse. 5. Provide Supporting Documentation: — Attach relevant documents supporting the money judgment, such as the court judgment order, affidavits, and any correspondence with the debtor. — In the case of a motion for exempt property, provide evidence supporting the exemption claim. Conclusion: Filing a Motion for Satisfaction of Money Judgment by Judicial Sale in Illinois is a legal process allowing judgment creditors to enforce and collect money judgments by selling the debtor's property. Understanding the different types and requirements is crucial to ensure proper execution and compliance with Illinois law. Consult with a legal professional to navigate this process effectively.
