(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 it 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. 99-642, eff. 7-28-16.)
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(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.)
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(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.)
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(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.)
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(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) 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 | ||
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(C) any other government with regard to which the | ||
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"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) 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 | ||
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(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, | ||
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(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) 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 | ||
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(2) the foreign court did not have personal | ||
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(3) the foreign court did not have jurisdiction over | ||
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(c) A court of this State need not recognize a foreign-country judgment if: (1) the defendant in the proceeding in the foreign | ||
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(2) the judgment was obtained by fraud that deprived | ||
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(3) the judgment or the cause of action on which the | ||
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(4) the judgment conflicts with another final and | ||
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(5) the proceeding in the foreign court was contrary | ||
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(6) in the case of jurisdiction based only on | ||
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(7) the judgment was rendered in circumstances that | ||
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(8) the specific proceeding in the foreign court | ||
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(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.) |
(735 ILCS 5/12-665) Sec. 12-665. Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally | ||
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(2) the defendant voluntarily appeared in the | ||
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(3) the defendant, before the commencement of the | ||
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(4) the defendant was domiciled in the foreign | ||
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(5) the defendant had a business office in the | ||
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(6) the defendant operated a motor vehicle or | ||
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(b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-666) Sec. 12-666. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment. (b) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-667) Sec. 12-667. Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 12-666 finds that the foreign-country judgment is entitled to recognition under this Act then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is: (1) conclusive between the parties to the same extent | ||
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(2) enforceable in the same manner and to the same | ||
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(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-668) Sec. 12-668. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-669) Sec. 12-669. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-country judgment became effective in the foreign country.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-670) Sec. 12-670. Uniformity of interpretation. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-671) Sec. 12-671. Saving clause. This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this Act.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/12-672) Sec. 12-672. Act application. This Act applies to all actions commenced on or after the effective date of this amendatory Act of the 97th General Assembly in which the issue of recognition of a foreign-country judgment is raised.
(Source: P.A. 97-140, eff. 1-1-12.) |
(735 ILCS 5/Art. XII Pt. 7 heading) Part 7.
Garnishment
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(735 ILCS 5/12-701) (from Ch. 110, par. 12-701)
Sec. 12-701.
Affidavit for garnishment; Contents.
Upon the filing by a
judgment creditor, its attorney or other designee of (1) an affidavit that the
affiant believes any person is indebted to the judgment debtor, other than for
wages, or has in his or her possession, custody or control any other property
belonging to the judgment debtor, or in which the judgment debtor has an
interest, which person shall be identified as the garnishee, and includes the
last address of the judgment debtor known to the affiant as well as the name of
the judgment debtor, (2) the garnishment notice required by Section 12-705, and
(3) written interrogatories to be answered by the garnishee with respect to the
indebtedness or other property, the clerk of the court in which the judgment
was entered shall issue summons against the person named in the affidavit
commanding him or her to appear in the court as garnishee and answer the
interrogatories in writing under oath. The interrogatories shall require that
the garnishee certify that a copy of the completed interrogatories, as
specified in subsection (b) of Section 12-707, has been mailed to the judgment
debtor and shall be in a form consistent with local court rules.
(Source: P.A. 87-1252.)
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(735 ILCS 5/12-702) (from Ch. 110, par. 12-702)
Sec. 12-702.
(Repealed).
(Source: P.A. 82-280. Repealed by 89-364, eff. 1-1-96.)
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(735 ILCS 5/12-703) (from Ch. 110, par. 12-703)
Sec. 12-703.
Garnishment of administrators and executors.
Administrators and executors may be summoned as garnishees regarding
indebtedness or other property belonging to any heir or distributee of
any estate, but judgment shall not be rendered against an administrator
or an executor until an order of distribution is entered by the court
which appointed him or her.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-704) (from Ch. 110, par. 12-704)
Sec. 12-704.
Exemptions from garnishment.
Benefits and refunds payable
by pension or retirement funds or systems and any assets of employees held
by such funds or systems, and any monies an employee is required to pay
to such funds or systems are exempt and are not subject to garnishment under
Part 7 of Article XII of this Act.
(Source: P.A. 83-707.)
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