(735 ILCS 5/12-183)
(from Ch. 110, par. 12-183)
Release of judgment.
(a) Every judgment creditor, his or
her assignee of record or other legal representative having received full
satisfaction or payment of all such sums of money as are really due to him
or her from the judgment debtor on any judgment rendered in a court shall,
at the request of the judgment debtor or his or her legal representative,
execute and deliver to the judgment debtor or his or her legal representative
an instrument in writing releasing such judgment.
(b) If the judgment creditor, his or her assigns of record or other legal
representative to whom tender has been made of all sums of money due him
or her from the judgment debtor including interest, on any judgment entered
by a court, wilfully fails or refuses, at the request of the judgment debtor
or his or her legal representative to execute and deliver to the judgment
debtor or his or her legal representative an instrument in writing releasing
such judgment, the judgment debtor may petition the court in which such
judgment is of record, making tender therewith to the court of all sums
due in principal and interest on such judgment, for the use of the
judgment creditor, his or her executors, administrators or assigns, whereupon
the court shall enter an order satisfying the judgment and releasing all
liens based on such judgment.
(c) For the recording of assignment of any judgment the clerk of the
court in which such judgment is of record is allowed a fee of $2.
(d) A satisfaction of a judgment may be delivered to the judgment debtor,
his or her attorney or to the clerk of the court in which such judgment is of
(e) The clerk shall not be allowed any fee for recording the satisfaction
of judgment. The clerk of the court shall make appropriate notation on the
judgment docket of the book and page where any release or assignment of
any judgment is recorded.
(f) No judgment shall be released of record except by an instrument in
writing recorded in the court in which such judgment is of record. However,
nothing contained in this Section affects in any manner the validity of
any release of judgment made, prior to January 1, 1952, in judgment and
execution dockets by the judgment creditor, his or her attorney, assignee
or other legal representative.
(g) The writ of audita querela is abolished and all relief heretofore
obtainable and grounds for such relief heretofore available, whether by the
writ of audita querela or otherwise, shall be available in every case by
petition hereunder, regardless of the nature of the order or judgment from
which relief is sought or of the proceeding in which it was entered. There
shall be no distinction between actions and other proceedings, statutory or
otherwise, as to availability of relief, grounds for relief or relief
obtainable. The petition shall be filed in the same proceeding in which the
order or judgment was entered and shall be supported by affidavit or other
appropriate showing as to matters not of record. All parties to the
petition shall be notified as provided by rule.
(h) Upon the filing of a release or satisfaction in full satisfaction
of judgment, signed by the party in whose favor the judgment was entered
or his or her attorney, the court may vacate the judgment, and dismiss
(i) Any judgment arising out of an order for support shall not be a
judgment to the extent of payments made as evidenced by the records of the
Clerk of the Circuit Court or State agency receiving payments pursuant to
the order. In the event payments made pursuant to that order are not paid
to the Clerk of the Circuit Court or a State agency, then any judgment
arising out of each order for support may be released in the following manner:
(1) A Notice of Filing and an affidavit stating that
all installments of child support required to be paid pursuant to the order under which the judgment or judgments were entered have been paid shall be filed with the office of the court or agency entering said order for support, together with proof of service of such notice and affidavit upon the recipient of such payments.
(2) Service of such affidavit shall be by any means
authorized under Sections 2-203 and 2-208 of the Code of Civil Procedure or under Supreme Court Rules 11 or 105(b).
(3) The Notice of Filing shall set forth the name and
address of the judgment debtor and the judgment creditor, the court file number of the order giving rise to the judgment and, in capital letters, the following statement:
YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE
ATTACHED AFFIDAVIT WAS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF .... COUNTY, ILLINOIS, WHOSE ADDRESS IS ........, ILLINOIS. IF, WITHIN 28 DAYS OF THE DATE OF THIS NOTICE, YOU FAIL TO FILE AN AFFIDAVIT OBJECTING TO THE SATISFACTION OF THE STATED JUDGMENT OR JUDGMENTS IN THE ABOVE OFFICE, THE SAID JUDGMENTS WILL BE DEEMED TO BE SATISFIED AND NOT ENFORCEABLE. THE SATISFACTION WILL NOT PREVENT YOU FROM ENFORCING THE ORDER FOR SUPPORT THROUGH THE COURT.
(4) If no affidavit objecting to the satisfaction of
the judgment or judgments is filed within 28 days of the Notice described in paragraph (3) of this subsection (i), such judgment or judgments shall be deemed to be satisfied and not enforceable.
(Source: P.A. 99-744, eff. 8-5-16.)