If an owner of an interest in real property has had a judgment obtained against the owner, this form addresses a release of that judgment lien.
Illinois Release of Judgment Lien - Abstract of Judgment
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Multi-State
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US-OG-538
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How to fill out Release Of Judgment Lien - Abstract Of Judgment?
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FAQ
A creditor can use the judgment to collect money from you. They may take some of your wages, money in a bank account, or sell your home. The process is commonly called garnishment even if a Citation to Discover Assets form is used.
The easy definition is that a judgment is an official decision rendered by the court with regard to a civil matter. A judgment lien, sometimes referred to as an ?abstract of judgment,? is an involuntary lien that is filed to give constructive notice and is to attach to the Judgment Debtor's property and/or assets.
An abstract of judgement creates a lien on any real estate property owned by the judgement debtor in the county in which the abstract of judgment is recorded. Issuance procedure and contents of ?abstract of judgment? varies ing to statutes.
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.
Unless the judgment is earlier satisfied or the judgment lien is released, a real property judgment lien typically remains in effect for 10 years from the date of entry of the judgment. See CCP § 697.310(b).
It requires going through court to get a lien. A judge must record a judgment of the lien.
A lien is a legal document that is attached to real estate. 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.
Under Illinois law, a mechanics lien should be filed in the County Recorder of Deeds where the property is located. This is crucial as the lien must be filed not only in the correct county but the correct office as well. The fees and specific document formatting vary depending on your county.