(735 ILCS 5/12-171)
Sec. 12-171. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-172)
Sec. 12-172. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-173)
Sec. 12-173. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-174)
Sec. 12-174. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-175)
Sec. 12-175. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/12-176) (from Ch. 110, par. 12-176)
Sec. 12-176.
Judgments between parties.
Judgments between the same
parties may be set off, one against another, if required by either party,
as prescribed in the following Section.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-177) (from Ch. 110, par. 12-177)
Sec. 12-177.
Multiple judgments.
When one of the judgments is delivered
to an officer to be enforced, the debtor therein may deliver his or her
judgment to the same officer, and the officer shall apply it, as far as
it will extend, to the satisfaction of the first judgment, and the balance
due on the larger judgment may be collected and paid in the same manner
as if there had been no set-off.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-178) (from Ch. 110, par. 12-178)
Sec. 12-178.
Cases excepted.
Such set-off shall not be allowed in
the following cases:
1. When the creditor in one of the judgments is not in the same capacity
and trust as the debtor in the other.
2. When the sum due on the first judgment was lawfully and in good faith
assigned to another person, before the creditor in the second judgment became
entitled to the sum due thereon.
3. When there are several creditors in one judgment, and the sum due on
the other is due from a part of them only.
4. When there are several debtors in one judgment, and the sum due on
the other is due to a part of them only.
5. It shall not be allowed as to so much of the first judgment as is due
to the attorney in that action for his or her fees and disbursements therein.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-183) (from Ch. 110, par. 12-183)
Sec. 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
record.
(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
the action.
(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 | ||
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(2) Service of such affidavit shall be by any means | ||
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(3) The Notice of Filing shall set forth the name and | ||
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YOU ARE HEREBY NOTIFIED THAT ON (insert date) THE | ||
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(4) If no affidavit objecting to the satisfaction of | ||
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(Source: P.A. 99-744, eff. 8-5-16.)
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(735 ILCS 5/Art. XII Pt. 2 heading) Part 2.
Trial of Right of Property
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(735 ILCS 5/12-201) (from Ch. 110, par. 12-201)
Sec. 12-201.
Procedure.
(a) Whenever a judgment or order of attachment,
entered by any court, shall be levied by any sheriff or coroner upon any
personal property, and such property is claimed by any person other than
the judgment debtor or defendant in such attachment, or is claimed by the
judgment debtor or defendant in attachment as exempt from levy or attachment
by virtue of the exemption laws of the State, by giving to the sheriff or
coroner notice, in writing, of his or her claim, and intention to prosecute
the same, it shall be the duty of such sheriff or coroner to notify the
circuit court of such claim.
(b) The court shall thereupon cause the proceeding to be entered of record,
and the claimant shall be made plaintiff in the proceeding, and the judgment
creditor or plaintiff in attachment shall be made defendant in such proceeding.
(c) The clerk of the circuit court shall thereupon issue a notice, directed
to the judgment creditor or plaintiff in attachment, notifying him or her
of such claim, and of the time and place of trial, which time shall be not
more than 10 days nor less than 5 days from the date of such notice.
(d) Such notice shall be served in the same manner as provided for the
service of summons in other civil cases, at least 5 days before the day
of trial; and if such notice is served less than 5 days before the day of
trial, the trial shall, on demand of either party, be continued for a period
not exceeding 10 days.
(e) In case return is made on such notice that the judgment creditor or
plaintiff in attachment cannot be found, the proceeding shall be continued
for a period not exceeding 90 days, and the judgment creditor or plaintiff
in attachment shall be notified of such proceeding by publication as in
other civil cases.
(f) If the judgment creditor or plaintiff in attachment, or his or her
attorney, shall at least 5 days before the day of trial, file with the clerk
of the circuit court his or her appearance in such proceeding, then it shall
not be necessary to notify such person as above provided.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-202) (from Ch. 110, par. 12-202)
Sec. 12-202.
Trial.
The trial shall proceed without written
pleadings in the same manner
as in other civil cases, and
may be by a jury if either
party demands one.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-203) (from Ch. 110, par. 12-203)
Sec. 12-203.
Subpoenas.
The clerk of the court shall issue subpoenas for
witnesses at the request of any party or the party's attorney.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-204) (from Ch. 110, par. 12-204)
Sec. 12-204.
Trial and judgment.
The court or the jury shall determine
the rights of the parties and the court shall enter judgment accordingly,
and the court shall direct the sheriff or coroner as to the disposition
of the property in the possession of the sheriff or coroner. In case the
property appears to belong to the claimant, when
the claimant is any person other than the judgment debtor or the defendant
in the attachment, or in case the property is found to be exempt from enforcement
of a judgment thereon
or attachment, when the claimant is the judgment debtor or the defendant
in the attachment, judgment shall be entered against the judgment creditor
or plaintiff in the
attachment for the costs, and the property levied on shall
be released, and in case it further appears that such claimant is
entitled to the immediate possession of such property, the court shall
order that such property be delivered to such claimant. If it
appears that the property does not belong to the claimant, or is not
exempt from the enforcement of a judgment thereon or attachment, as the
case may be, judgment shall
be entered against the claimant for costs, and an order shall be entered
that the sheriff or coroner proceed to sell the property levied on. The
judgment in such cases shall be a complete indemnity to the sheriff or coroner
in selling or restoring any such property, as the case may be.
(Source: P.A. 82-280.)
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(735 ILCS 5/12-205) (from Ch. 110, par. 12-205)
Sec. 12-205.
Costs.
If the judgment is entered in favor of the claimant
as to part of the
property, and in favor of another party as to part,
then the court shall in its discretion apportion the costs; and the
sheriff, coroner and clerk of the court shall be entitled to the same fees as are
allowed by law for similar services.
(Source: P.A. 82-280.)
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(735 ILCS 5/Art. XII Pt. 3 heading) Part 3.
Concealing Property
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(735 ILCS 5/12-301) (from Ch. 110, par. 12-301)
Sec. 12-301.
Contempt for concealing property.
Any person who hides or
conceals any property so that it cannot be taken by virtue
of an order or judgment or, on the officer's request
therefor, refuses to deliver property
to the officer having an order or judgment for the taking of the
property is guilty of contempt of court and subject to punishment
therefor.
(Source: P.A. 83-352.)
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(735 ILCS 5/Art. XII Pt. 4 heading) Part 4.
Redemption by State
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(735 ILCS 5/12-401) (from Ch. 110, par. 12-401)
Sec. 12-401.
Right of State as judgment creditor.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at a judicial or judgment
sale and such real estate is then subject to a lien or claim for lien in
favor of the People of the State of Illinois, which is junior and inferior
to the lien so enforced or foreclosed by or through that sale, the right
of the State to redeem by virtue of its lien from that sale or from the
lien so foreclosed or enforced ceases and terminates at the end of 12 months
from the date upon which it is filed for record in the Office
of the recorder for the County in which the lands so sold are situated, if
such lands are unregistered, or in the Office of the Registrar of Titles
for such County, if such lands are registered, a certified copy of the original
or duplicate recorded or registered certificate of such sale, such certified
copy being endorsed by the State's Attorney of such County, or his or her
assistant, showing service of a copy of such certificate upon him or her,
and upon such service such officer shall make such endorsement. Service may be made by
United States registered or certified mail.
(Source: P.A. 84-1462.)
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(735 ILCS 5/12-403) (from Ch. 110, par. 12-403)
Sec. 12-403.
Application.
The provisions of Part 4 of Article XII of
this Act shall not apply to any lien in
favor of the State of Illinois or notice of such lien arising under any
other Act containing provisions relating to the right of the State of
Illinois to redeem real estate sold at judicial or judgment sale.
(Source: P.A. 83-707.)
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(735 ILCS 5/12-404) (from Ch. 110, par. 12-404)
Sec. 12-404.
Does not include where State is nominal party.
The term "lien
or claim for lien in favor of the People of
the State of Illinois," as used in Part 4 of Article XII of this Act,
means and includes a lien
or claim for lien in which the State of Illinois is a real party in
interest, and not a lien or claim for lien in the name of the People of
the State of Illinois as nominal plaintiff for the sole use or benefit
of others.
(Source: P.A. 83-707.)
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(735 ILCS 5/Art. XII Pt. 5 heading) Part 5.
Federal Judgments
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(735 ILCS 5/12-501) (from Ch. 110, par. 12-501)
Sec. 12-501. Registration of Federal judgments. Judgments of courts of
the United States held,
within this State, and all process, returns, certificates of the levy of a
process, and records of such courts may be registered, recorded, docketed,
indexed or otherwise dealt with in, the public offices of this State, so
as to make them conform to the rules and requirements relating to
judgments of courts of this State. A certified copy of a federal judgment order entered in this State may be filed in any circuit court and shall be afforded recognition as if it were a judgment entered in any other circuit court of this State.
(Source: P.A. 95-661, eff. 1-1-08.)
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(735 ILCS 5/12-502) (from Ch. 110, par. 12-502)
Sec. 12-502.
Lien of Federal judgments.
Upon filing in the office of the
recorder in any
county of this State of a transcript, certified copy or memorandum of a
judgment entered in this State by a court of the
United States, such judgment shall be a lien upon the real
estate of the person against whom the same is entered, in the
county where filed, in like manner as judgments of courts of this State.
The term "memorandum" as used in this Section means a memorandum or copy of
the judgment signed by a judge of the court entering it and
showing the court in which entered, date, amount, case number
of the case in which entered, name of the party in whose favor
and name of the party against whom entered. However, no such
judgment shall be a lien on any real estate, registered under the
provisions of "An Act concerning land titles", approved May 1, 1897, as
amended, until the provisions of Section 85 of that Act have been
complied with.
(Source: P.A. 83-358.)
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(735 ILCS 5/Art. XII Pt. 6 heading) Part 6.
Foreign Judgments and Foreign-Money Claims
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(735 ILCS 5/12-618)
Sec. 12-618. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-619)
Sec. 12-619. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-620)
Sec. 12-620. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-621)
Sec. 12-621. (Repealed).
(Source: P.A. 95-865, eff. 8-19-08. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-622)
Sec. 12-622. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-623)
Sec. 12-623. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-624)
Sec. 12-624. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-625)
Sec. 12-625. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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(735 ILCS 5/12-626)
Sec. 12-626. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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