(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
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(C) any other government with regard to which the
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| 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.
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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.)
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(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.
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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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| or other judgment rendered in connection with domestic relations.
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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.)
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(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;
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(2) the foreign court did not have personal
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| jurisdiction over the defendant; or
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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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| court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
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(2) the judgment was obtained by fraud that deprived
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| the losing party of an adequate opportunity to present its case;
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(3) the judgment or the cause of action on which the
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| judgment is based is repugnant to the public policy of this State or of the United States;
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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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| to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
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(6) in the case of jurisdiction based only on
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| personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
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(7) the judgment was rendered in circumstances that
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| raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
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(8) the specific proceeding in the foreign court
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| leading to the judgment was not compatible with the requirements of due process of law.
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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.)
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(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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| proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
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(3) the defendant, before the commencement of the
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| proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
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(4) the defendant was domiciled in the foreign
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| country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
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(5) the defendant had a business office in the
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| foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
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(6) the defendant operated a motor vehicle or
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| airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
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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.)
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(735 ILCS 5/12-705) (from Ch. 110, par. 12-705)
Sec. 12-705. Summons.
(a) Summons shall be returnable not less than 21 nor more than 40 days after
the date of issuance. Summons with one copy of the interrogatories shall be
served and returned as in other civil cases. If the garnishee is served with
summons less than 10 days prior to the return date, the court shall continue
the case to a new return date 14 days after the return date stated on the
summons. The summons shall be in a form consistent with local court rules. The
summons shall be accompanied by a copy of the underlying judgment or a
certification by the clerk of the court that entered the judgment, or by the
attorney for the judgment creditor, setting forth the amount of the judgment,
the name of the court and the number of the case and one copy of a garnishment
notice in substantially the following form:
"GARNISHMENT NOTICE
(Name and address of Court) Name of Case: (Name of Judgment Creditor), Judgment Creditor v. (Name of Judgment Debtor), Judgment Debtor. Address of Judgment Debtor: (Insert last known address) Name and address of Attorney for Judgment Creditor or of Judgment Creditor (If no attorney is listed): (Insert name and address) Amount of Judgment: $(Insert amount) Name of Garnishee: (Insert name) Return Date: (Insert return date specified in summons)
NOTICE: The court has issued a garnishment summons against the garnishee
named above for money or property (other than wages) belonging to the
judgment debtor or in which the judgment debtor has an interest. The
garnishment summons was issued on the basis of a judgment against the
judgment debtor in favor of the judgment creditor in the amount stated above.
The amount of money or property (other than wages) that may be garnished
is limited by federal and Illinois law. The judgment debtor has the right
to assert statutory exemptions against certain money or property of the
judgment debtor which may not be used to satisfy the judgment in the amount
stated above.
Under Illinois or federal law, the exemptions of personal property owned
by the debtor include the debtor's equity interest, not to exceed $4,000
in
value, in any personal property as chosen by the debtor; Social Security
and SSI benefits; public assistance benefits; unemployment compensation
benefits; workers' compensation benefits; veterans' benefits; circuit
breaker property tax relief benefits; the debtor's equity interest, not to
exceed $2,400
in value, in any one motor vehicle, and the debtor's equity
interest, not to exceed $1,500
in value, in any implements, professional
books or tools of the trade of the debtor.
The judgment debtor may have other possible exemptions from garnishment
under the law.
The judgment debtor has the right to request a hearing before the court
to dispute the garnishment or to declare exempt from garnishment certain
money or property or both. To obtain a hearing in counties with a
population of 1,000,000 or more, the judgment debtor must
notify the Clerk of the Court in person and in writing at (insert address
of Clerk) before the return date specified above or appear in court on the
date and time on that return date. To obtain a hearing in counties with a
population of less than 1,000,000, the judgment debtor must notify the
Clerk of the Court in writing at (insert address of Clerk) on or before the
return date specified above. The Clerk of the Court will provide a hearing
date and the necessary forms that must be prepared by the judgment debtor or
the attorney for the judgment debtor and sent to the judgment creditor and the
garnishee regarding the time and location of the hearing. This notice may be
sent by regular first class mail."
(b) An officer or other person authorized by law to serve process shall
serve the summons, interrogatories and the garnishment notice required by
subsection (a) of this Section upon the garnishee and shall, (1) within 2
business days of the service upon the garnishee, mail a copy of the
garnishment notice and the summons to the judgment debtor by first class
mail at the judgment debtor's address indicated in the garnishment notice
and (2) within 4 business days of the service upon the garnishee file with
the clerk of the court a certificate of mailing in substantially the following
form:
"CERTIFICATE OF MAILING
I hereby certify that, within 2 business days of service upon the
garnishee of the garnishment summons, interrogatories and garnishment
notice, I served upon the judgment debtor in this cause a copy of the
garnishment summons and garnishment notice by first class mail to the
judgment debtor's address as indicated in the garnishment notice.
Date:............ .........................
Signature"
In the case of service of the summons for garnishment upon the garnishee
by certified or registered mail, as provided in subsection (c) of this Section,
no sooner than 2 business days nor later than 4 business days after the date of
mailing, the clerk shall mail a copy of the garnishment notice and the summons
to the judgment debtor by first class mail at the judgment debtor's address
indicated in the garnishment notice, shall prepare the Certificate of Mailing
described by this subsection, and shall include the Certificate of Mailing in a
permanent record.
(c) In a county with a population of less than 1,000,000, unless otherwise
provided by circuit court rule, at the request of the judgment creditor or his
or her attorney and instead of personal service, service of a summons for
garnishment may be made as follows:
(1) For each garnishee to be served, the judgment |
| creditor or his or her attorney shall pay to the clerk of the court a fee of $2, plus the cost of mailing, and furnish to the clerk an original and 2 copies of a summons, an original and one copy of the interrogatories, an affidavit setting forth the garnishee's mailing address, an original and 2 copies of the garnishment notice required by subsection (a) of this Section, and a copy of the judgment or certification described in subsection (a) of this Section. The original judgment shall be retained by the clerk.
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(2) The clerk shall mail to the garnishee, at the
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| address appearing in the affidavit, the copy of the judgment or certification described in subsection (a) of this Section, the summons, the interrogatories, and the garnishment notice required by subsection (a) of this Section, by certified or registered mail, return receipt requested, showing to whom delivered and the date and address of delivery. This Mailing shall be mailed on a "restricted delivery" basis when service is directed to a natural person. The envelope and return receipt shall bear the return address of the clerk, and the return receipt shall be stamped with the docket number of the case. The receipt for certified or registered mail shall state the name and address of the addressee, the date of the mailing, shall identify the documents mailed, and shall be attached to the original summons.
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(3) The return receipt must be attached to the
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| original summons and, if it shows delivery at least 10 days before the day for the return date, shall constitute proof of service of any documents identified on the return receipt as having been mailed.
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(4) The clerk shall note the fact of service in a
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(d) The garnishment summons may be served and returned in the manner provided by Supreme Court Rule for service, otherwise than by publication, of a notice for additional relief upon a party in default.
(Source: P.A. 101-191, eff. 8-2-19.)
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(735 ILCS 5/12-706) (from Ch. 110, par. 12-706)
Sec. 12-706. Conditional judgment. (a) When any person summoned as garnishee fails to appear and answer
as required by Part 7 of Article XII
of this Act, the court may enter a conditional judgment
against the garnishee for the amount due upon the judgment against the
judgment debtor. A summons to confirm the conditional judgment may issue
against the garnishee, to be served and returned in the same manner as provided by Illinois Supreme Court Rule 105, otherwise than by publication, of a notice for additional relief upon a party in default, commanding the garnishee to show cause why the
judgment should not be made final. If the garnishee, after being served
with summons to confirm the conditional judgment or after being notified
as provided in subsection (b) hereof, fails to appear and answer, the
court shall confirm such judgment to the amount of the judgment against
the judgment debtor and award costs. If the garnishee appears and
answers, the same proceedings may be had as in other cases.
(b) If any garnishee becomes a non-resident, goes out of this State,
or is concealed within this State so that the summons to confirm the
conditional judgment cannot be served upon him or her, upon the filing by the
plaintiff or his or her agent of an affidavit as in cases of non-resident
defendants in attachments, the garnishee may be notified in the same
manner as a non-resident defendant in attachment; and upon notice being
given to him or her as above stated, he or she may be proceeded against in the same
manner as if he or she had been personally served with summons to confirm the
conditional judgment.
(Source: P.A. 101-191, eff. 8-2-19.)
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