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.
Illinois Motion for Satisfaction of Money Judgment by Judicial Sale
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How to fill out Motion For Satisfaction Of Money Judgment By Judicial Sale?
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A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution?and in proceedings supplementary to and in aid of judgment or execution?must with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.
Ct. Rule 106 for procedures governing service of a Section 2-1401 petition. Final orders, judgments, and decrees may be vacated after 30 days of entry by bringing to the court's attention matters of fact, unknown when the judgment was entered, but which, if known, would have affected the judgment.
If the court defaults a party for failing to answer, but the default isn't final (no money judgment is entered), section 2-1301(e) allows the defaulted party to vacate the default any time ? even if more than 30 days have passed.
Reviving Older (?Dormant?) Judgments A dormant judgment can exist up to 20 years after entry of the original judgment. If revived, the formerly dormant judgment may be enforced within seven years after its revival. Revival of dormant judgments is governed primarily by 735 ILCS 5/2-1602.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
Whenever defendant cures the default under the contract pursuant to this Section, the defendant may within the period of stay file a motion to vacate the judgment in the court in which the judgment was entered, and, if the court, upon the hearing of such motion, is satisfied that such default has been cured, such ...
In California, money judgments are enforceable by a writ of execution. In order to enforce the judgment lien, the judgment creditor must obtain a writ of execution, levy and then sell the real property at an execution sale.
§ 2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished.