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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CIVIL PROCEDURE
(735 ILCS 5/) Code of Civil Procedure.

735 ILCS 5/12-638

    (735 ILCS 5/12-638) (from Ch. 110, par. 12-638)
    Sec. 12-638. Conversions of foreign money in distribution proceeding. The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of the United States dollars resulting from a conversion as of the date the proceeding was initiated.
(Source: P.A. 86-1291.)

735 ILCS 5/12-639

    (735 ILCS 5/12-639) (from Ch. 110, par. 12-639)
    Sec. 12-639. Pre-judgment and judgment interest.
    (a) With respect to a foreign-money claim, recovery of pre-judgment or pre-award interest and the rate of interest to be applied in the action or distribution proceeding, except as provided in subsection (b), are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this State.
    (b) The court or arbitrator shall increase or decrease the amount of pre-judgment or pre-award interest otherwise payable in a judgment or award in foreign-money to the extent required by the law of this State governing a failure to make or accept an offer of settlement or offer of judgment, or conduct by a party or its attorney causing undue delay or expense.
    (c) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this State.
(Source: P.A. 86-1291.)

735 ILCS 5/12-640

    (735 ILCS 5/12-640) (from Ch. 110, par. 12-640)
    Sec. 12-640. Enforcement of foreign judgments.
    (a) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this State as enforceable, the enforcing judgment must be entered as provided in Section 12-637, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
    (b) A foreign judgment may be filed in accordance with any rule or statute of this State providing a procedure for its recognition and enforcement.
    (c) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this State.
    (d) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this State in United States dollars only.
(Source: P.A. 86-1291.)

735 ILCS 5/12-641

    (735 ILCS 5/12-641) (from Ch. 110, par. 12-641)
    Sec. 12-641. Determining United States dollar value of foreign-money claims for limited purposes.
    (a) Computations under this Section are for the limited purposes of the Section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
    (b) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking, must be ascertained as provided in subsections (c) and (d).
    (c) A party seeking process, costs, bond, or other undertaking under subsection (b) shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day next preceding the filing of a request or application for the issuance of process or for the determination of costs, or an application for a bond or other court-required undertaking.
    (d) A party seeking the process, costs, bond, or other undertaking under subsection (b) shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
(Source: P.A. 86-1291.)

735 ILCS 5/12-642

    (735 ILCS 5/12-642) (from Ch. 110, par. 12-642)
    Sec. 12-642. Effect of currency revalorization.
    (a) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
    (b) If substitution under subsection (a) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
(Source: P.A. 86-1291.)

735 ILCS 5/12-643

    (735 ILCS 5/12-643) (from Ch. 110, par. 12-643)
    Sec. 12-643. Supplementary general principles of law. Unless displaced by particular provisions of this Act, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
(Source: P.A. 86-1291.)

735 ILCS 5/12-644

    (735 ILCS 5/12-644) (from Ch. 110, par. 12-644)
    Sec. 12-644. Uniformity of application and construction. This Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Act among states enacting it.
(Source: P.A. 86-1291.)

735 ILCS 5/12-645

    (735 ILCS 5/12-645) (from Ch. 110, par. 12-645)
    Sec. 12-645. Transitional provision. This Act applies to actions and distribution proceedings commenced after its effective date.
(Source: P.A. 86-1291.)

735 ILCS 5/12-650

    (735 ILCS 5/12-650) (from Ch. 110, par. 12-650)
    Sec. 12-650. Short Title. Sections 12-650 through 12-657 of this Act may be cited as the Uniform Enforcement of Foreign Judgments Act.
(Source: P.A. 87-358; 87-895.)

735 ILCS 5/12-651

    (735 ILCS 5/12-651) (from Ch. 110, par. 12-651)
    Sec. 12-651. Definition. As used in Sections 12-650 through 12-657, "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State.
(Source: P.A. 87-358; 87-895.)

735 ILCS 5/12-652

    (735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
    Sec. 12-652. Filing and Status of Foreign Judgments.
    (a) A copy of any foreign judgment authenticated in accordance with the acts of Congress or the statutes of this State may be filed in the office of the circuit clerk for any county of this State. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court for any county of this State. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court for any county of this State and may be enforced or satisfied in like manner. A judgment filed or registered under this Act shall be construed to be an original Illinois judgment from the date it is filed with the clerk of the circuit court and for purposes of enforcement and revival, shall be treated in exactly the same manner as an Illinois judgment entered on that same date.
    (b) A foreign judgment or lien arising by operation of law, and resulting from an order requiring child support payments shall be entitled to full faith and credit in this State, shall be enforceable in the same manner as any judgment or lien of this State resulting from an order requiring child support payments, and shall not be required to be filed with the office of the circuit clerk in any county of this State, except as provided for in Sections 10-25 and 10-25.5 of the Illinois Public Aid Code.
    (c) A foreign order of protection issued by the court of another state, tribe, or United States territory is entitled to full faith and credit in this State, is enforceable in the same manner as any order of protection issued by a circuit court for any county of this State, and may be filed with the circuit clerk in any county of this State as provided in Section 222.5 of the Illinois Domestic Violence Act of 1986 or Section 22.5 of the Code of Criminal Procedure of 1963. A foreign order of protection shall not be required to be filed with the circuit clerk to be entitled to full faith and credit in this State.
(Source: P.A. 97-350, eff. 1-1-12.)

735 ILCS 5/12-653

    (735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
    Sec. 12-653. Notice of Filing.
    (a) At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the circuit clerk an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
    (b) Promptly upon the filing of a foreign judgment (other than a foreign order of protection) and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this State. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
    (c) The clerk shall not mail notice of the filing of a foreign order of protection to the respondent named in the order.
(Source: P.A. 91-903, eff. 1-1-01.)

735 ILCS 5/12-654

    (735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
    Sec. 12-654. Stay.
    (a) If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which is was rendered.
    (b) If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court for any county of this State would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State.
(Source: P.A. 87-358; 87-895.)

735 ILCS 5/12-655

    (735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
    Sec. 12-655. Fees.
    (a) Any person filing a foreign judgment shall pay a fee to the circuit clerk equivalent to the fee which would be required were the person filing a complaint seeking the amount awarded in the foreign judgment. Fees for docketing, transcription or other enforcement proceedings shall be as provided for judgments of the circuit court.
    (b) The clerk shall not charge a fee to any person to register a foreign order of protection.
(Source: P.A. 91-903, eff. 1-1-01.)

735 ILCS 5/12-656

    (735 ILCS 5/12-656) (from Ch. 110, par. 12-656)
    Sec. 12-656. Optional Procedure. The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired.
(Source: P.A. 87-358; 87-895.)

735 ILCS 5/12-657

    (735 ILCS 5/12-657) (from Ch. 110, par. 12-657)
    Sec. 12-657. Uniformity of Interpretation. This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
(Source: P.A. 87-358; 87-895.)

735 ILCS 5/12-661

    (735 ILCS 5/12-661)
    Sec. 12-661. Short title. Sections 12-661 through 12-672 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. In those Sections, "this Act" means the Uniform Foreign-Country Money Judgments Recognition Act.
(Source: P.A. 97-140, eff. 1-1-12.)

735 ILCS 5/12-662

    (735 ILCS 5/12-662)
    Sec. 12-662. Definitions. In this Act:
    "Foreign country" means a government other than:
        (A) the United States;
        (B) a state, district, commonwealth, territory, or
    
insular possession of the United States; or
        (C) any other government with regard to which the
    
decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
    "Foreign-country judgment" means a judgment of a court of a foreign country.
(Source: P.A. 97-140, eff. 1-1-12.)

735 ILCS 5/12-663

    (735 ILCS 5/12-663)
    Sec. 12-663. Applicability.
    (a) Except as otherwise provided in subsection (b), this Act applies to a foreign-country judgment to the extent that the judgment:
        (1) grants or denies recovery of a sum of money; and
        (2) under the law of the foreign country where
    
rendered, is final, conclusive, and enforceable.
    (b) This Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
        (1) a judgment for taxes;
        (2) a fine or other penalty; or
        (3) a judgment for divorce, support, or maintenance,
    
or other judgment rendered in connection with domestic relations.
    (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this Act applies to the foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.)

735 ILCS 5/12-664

    (735 ILCS 5/12-664)
    Sec. 12-664. Standards for recognition of foreign-country judgment.
    (a) Except as otherwise provided in subsections (b) and (c), a court of this State shall recognize a foreign-country judgment to which this Act applies.
    (b) A court of this State may not recognize a foreign-country judgment if:
        (1) the judgment was rendered under a judicial
    
system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
        (2) the foreign court did not have personal
    
jurisdiction over the defendant; or
        (3) the foreign court did not have jurisdiction over
    
the subject matter.
    (c) A court of this State need not recognize a foreign-country judgment if:
        (1) the defendant in the proceeding in the foreign
    
court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
        (2) the judgment was obtained by fraud that deprived
    
the losing party of an adequate opportunity to present its case;
        (3) the judgment or the cause of action on which the
    
judgment is based is repugnant to the public policy of this State or of the United States;
        (4) the judgment conflicts with another final and
    
conclusive judgment;
        (5) the proceeding in the foreign court was contrary
    
to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
        (6) in the case of jurisdiction based only on
    
personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
        (7) the judgment was rendered in circumstances that
    
raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
        (8) the specific proceeding in the foreign court
    
leading to the judgment was not compatible with the requirements of due process of law.
    (d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
(Source: P.A. 97-140, eff. 1-1-12.)