Illinois Compiled Statutes
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CIVIL PROCEDURE735 ILCS 5/Art. II Pt. 13
(735 ILCS 5/) Code of Civil Procedure.
(735 ILCS 5/Art. II Pt. 13 heading)
735 ILCS 5/2-1301
(735 ILCS 5/2-1301)
(from Ch. 110, par. 2-1301)
Judgments - Default - Confession.
(a) The court shall
determine the rights of the parties and grant to any party any
affirmative relief to which the party may be entitled on the pleadings and
proofs. Judgments shall be in the form required by the nature of the
case and by the recovery or relief awarded. More than one judgment may
be rendered in the same cause. If relief is granted against a party who
upon satisfying the same in whole or in part will be entitled by
operation of law to be reimbursed by another party to the action, the
court may determine the rights of the parties as between themselves, and
may thereafter upon motion and notice in the cause, and upon a showing
that satisfaction has been made, render a final judgment against the
other party accordingly.
(b) A determination in favor of the plaintiff on an issue as to the truth
or validity of any
defense in abatement shall be that the defendant answer or otherwise plead.
(c) Except as otherwise limited by this subsection (c), any person
for a debt bona fide due may confess judgment by himself or herself or attorney
duly authorized, without process. The application to confess judgment
shall be made in the county in which the note or obligation was executed
or in the county in which one or more of the defendants reside or in any
county in which is located any property, real or personal, owned by any
one or more of the defendants. A judgment entered by any court in any
county other than those herein specified has no force or validity,
anything in the power to confess to the contrary notwithstanding.
No power to confess judgment shall be required or given after September
24, 1979 in any instrument used in
a consumer transaction; any power to confess given in violation hereof
is null and void and any judgment entered by a court based on such power
shall be unenforceable. "Consumer transaction" as used in this Section
means a sale, lease, assignment, loan, or other disposition of an item
of goods, a consumer service, or an intangible to an individual for
purposes that are primarily personal, family, or household.
(d) Judgment by default may be entered for want of an appearance, or
for failure to plead, but the court may in either case, require proof of
the allegations of the pleadings upon which relief is sought.
(e) The court may in its discretion, before final order or judgment,
set aside any default, and may on motion filed within 30 days after
entry thereof set aside any final order or judgment upon any terms and
conditions that shall be reasonable.
(f) The fact that any order or judgment is joint does not deprive
the court of power to set it aside as to fewer than all the parties, and
if so set aside it remains in full force and effect as to the other
(g) If any final judgment is entered against any defendant who has
been served by publication with notice of the commencement of the action
and who has not been served with a copy of the complaint, or received
the notice required to be sent him or her by mail, or otherwise brought into
court, and such defendant or his or her heirs, legatees,
or personal representatives, as the
case may require, shall, within 90 days after notice in writing given
him or her of the judgment, or within 1 year after the judgment, if no notice
has been given, appear in open court and petition to be heard touching
the matter of the judgment, the court shall upon notice being given to
the parties to such action who appeared therein and the purchaser at a
sale made pursuant to the judgment, or their attorneys, set the petition
for hearing and may allow the parties and the purchaser to answer
the petition. If upon the hearing it appears that the judgment ought
not to have been made against the defendant, it may be set aside,
altered or amended as appears just; otherwise the petition shall be
dismissed at petitioner's costs. If, however, a sale has been had under
and pursuant to the final judgment, the court, in altering or amending
the judgment may, upon terms just and equitable to the defendant, permit
the sale to stand. If upon the hearing of the petition it appears that
the defendant was entitled under the law to redeem from the sale, the
court shall permit redemption to be made at any time within 90 days
thereafter, upon terms that are equitable and just.
(Source: P.A. 83-707.)
735 ILCS 5/2-1302
(735 ILCS 5/2-1302)
(from Ch. 110, par. 2-1302)
Notice of entry of default order.
(a) Upon the entry of an order of default, the attorney for the moving party
shall immediately give notice thereof to each
party who has appeared, against whom the order was entered, or such party's
attorney of record. However, the failure of the attorney to give the notice
does not impair the force, validity or effect of the order.
(b) The notice shall contain the title, number, court, date of
entry, name of the judge, and state that the order was one of default.
The notice may be given by postal card or in any manner
provided by rules.
(c) In the case of an action for foreclosure of a mortgage or a deed
in trust, in addition to the information required by subsection (b) of this
Section the notice shall state that the defendant or defendants may redeem
the property within the time and in the manner provided by law.
(d) No notice of the entry of an order of dismissal for want of
prosecution shall be necessary provided plaintiff has been notified in
advance that the court is considering the entry of such an order, unless
required by local rule.
(Source: P.A. 84-614.)
735 ILCS 5/2-1303
(735 ILCS 5/2-1303)
(from Ch. 110, par. 2-1303)
Interest on judgment.
Judgments recovered in
any court shall draw interest at the rate of 9% per annum from the date
of the judgment until satisfied or 6% per annum when the judgment debtor is a unit
of local government, as defined in Section 1 of Article VII of the Constitution,
a school district, a community college district, or any other governmental
entity. When judgment is entered upon any award, report or verdict, interest
shall be computed at the above rate, from the time when made or rendered
to the time of entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied portion of
the judgment as it exists from time to time. The judgment debtor may by
tender of payment of judgment, costs and interest
accrued to the date of tender, stop the further accrual of interest on such
judgment notwithstanding the prosecution of an appeal, or other steps to
reverse, vacate or modify the judgment.
(Source: P.A. 85-907.)
735 ILCS 5/2-1304
(735 ILCS 5/2-1304)
(from Ch. 110, par. 2-1304)
Orders for liens and conveyances.
(a) Whenever, by any order, any party to an action is required to perform
any act other than the payment of money, or to refrain from performing any
act, the court may, in such order, provide that the same shall be a lien
upon the real or personal estate, or both, of such party until such order
is fully complied with; and such lien shall have the same force and effect,
and be subject to the same limitations and restrictions, as judgments for
the payment of money, including the time and manner when the same shall
take effect and the time and manner when the lien upon a revival thereof
shall take effect.
(b) Whenever an order is entered, directing the execution of any deed
or other writing, it shall be lawful for any judge of the court to execute
or for the court to direct the sheriff to execute such deed or other writing,
in case the parties under no disability fail to execute such deed or other
writing, in a time to be named in the order, or on behalf of minors or persons
under legal disability who have guardians; and the execution thereof shall
be valid in law to pass, release or extinguish the right, title and interest
of the party on whose behalf it is executed, as if executed by the party
in proper person, and he or she were under no disability; and whenever any
property is sold in open court, it shall be lawful for any judge to execute
a deed, certificate of sale or bill of sale or for the court to direct the
sheriff to execute a deed, certificate of sale or bill of sale to the purchaser
thereat and the execution thereof shall be valid in law to pass, release
or extinguish all right, title and interest of the parties to the action
with the same force and effect as though such sale had been held by the
sheriff pursuant to the court's order; and such deed or other writing, if
it relates to land, shall promptly after its execution by a judge or the
sheriff, be recorded in the recorder's office of the county wherein the
land is situated.
(Source: P.A. 83-351.)
735 ILCS 5/2-1305
(735 ILCS 5/2-1305)
(from Ch. 110, par. 2-1305)
Motion to stay.
A party intending to move to set aside any judgment, bond or
other proceeding may apply to the court or to the judge in chamber for
a certificate (which the judge may, in his or her discretion, grant) that there is
probable cause for staying further proceedings until the order of the court
on the motion. Service of a copy of the certificate at the time of or after
the service of the notice of the motion stays all further proceedings
accordingly. In no case shall the judge grant the certificate if the error
complained of may, by the direction of the judge to the clerk issuing the
process, be corrected, but the judge shall order and the clerk shall make
the correction in the process, nor unless the applicant has given notice of
the motion to the opposite party, or his or her attorney of record, if they or
either of them can be found in the county where the judgment was entered.
(Source: P.A. 82-280.)