Every lawsuit brought before a court in Illinois ends with a judgment if the case is not resolved by other means (e.g., case dismissal, arbitration, settlement). Once any state court renders a judgment, it is recorded in an official file. The file itself is the complete case record, while the document bearing information about the judgment is known as the "judgment record."
Judgment records, like other Illinois court records, are accessible to the public. The records contain information about the county and court where a judgment was entered, the case number, the judgment party names (case parties, the presiding judge, attorneys), the court's findings, and the judgment filing date, among other details.
What is a Judgment?
A judgment is the end-product of a civil court case. It is the final pronouncement of a court regarding a civil matter that depicts the rights and responsibilities of the parties to the litigation.
Any judgment rendered by an Illinois court can be either monetary or non-monetary. When it is the former, it will specify how much the losing side is liable to pay to the winning side. When it is the latter, it can be for the return of property or direct a litigant to do - or not do - something. Either way, for a judgment to be valid and enforceable in Illinois, it must be in writing, have a qualified judicial officer’s signature, and be filed with the clerk of court.
Illinois Judgment Laws
The laws governing judgments in Illinois are indexed under the Code of Civil Procedure. The state's Supreme Court also establishes rules for the entry and enforcement of such rulings.
What is Judgment Lien?
The Illinois courts resolve civil disputes by asserting which party has the right to collect damages. However, the courts cannot force the losing side (judgment debtor) to pay the winner of the suit (judgment creditor). Ensuring payment is the creditor's burden.
Because a debtor will not always satisfy the judgment, either because they are bankrupt or refuse to pay, the creditor can attach a judgment lien to the debtor's real property to guarantee payment. The debtor's consent is not required to place this lien.
A judgment lien gives the creditor the legal right to take the debtor's real estate and sell it to retrieve the money owed to them. Judgment liens cannot be attached to personal property in Illinois.
What is an Illinois Summary Judgement?
In Illinois, a summary judgment is a final ruling rendered before a trial upon a case party's motion. This type of judgment can be requested by a plaintiff or defendant when there are no disputed material facts for a judge or jury to decide (or the opposite side has no claim or defense), and the moving side is entitled to a judgment as a matter of law (735 ILCS 5/2-1005). Often, litigants use this tool to reduce litigation costs and save time.
What is A Summary Judgment Motion In Illinois?
Any party to a lawsuit can request a summary judgment that resolves part or all of a civil case. This is called a "motion for summary judgment" in Illinois. Section 5/2-1005 of the Code of Civil Procedure and Supreme Court Rule 191 set out the deadlines and procedures for filing summary judgment motions in Illinois.
Per 735 ILCS 5/2-1005(a) and (b), the plaintiff or defendant can move for a summary judgment. The plaintiff can file the motion only after the defendant has appeared in court or after the time set aside for the defendant's appearance lapses. In contrast, the defendant can move for a summary judgment at any time.
Furthermore, the circuit courts also establish local rules for filing summary judgment motions. For example, courts of the 10th Judicial Circuit (Peoria, Tazewell, Marshall, Putnam, and Stark counties) do not hear summary judgment motions until 10 days have passed from the service of the notice of the motion. Whereas, courts of the 14th Judicial Circuit (Henry, Mercer, Rock Island, and Whiteside counties) hear such motions on a date not less than 60 days before the trial date. Hence, it is important to check the relevant court's local rules before proceeding with a summary judgment motion.
Illinois Judgment Record Search
Many trial courts in Illinois dispense non-confidential court records for free on the internet. Therefore, anyone who wants to search for judgment records online can utilize case lookup tools or public access systems provided on the circuit court clerks' websites. Often, the researcher will need to provide a name or case number to obtain results.
However, what is online is not the official court record. The records online, though provided as a public service, are quite basic. Therefore, while it may be possible to see if a judgment has been entered, the judgment type, the case number, the parties' names, case type and status, the case events and hearings, and other case information, the researcher will not be able to view the judgment. For that, it is best to contact the clerk of court (the keeper of court records) or visit the courthouse.
On the other hand, case parties can search for a judgment record with re:SearchIL, a cross-jurisdictional system that offers remote access to case records via a secure login. Using re:SearchIL, parties (including their attorneys) can view judgment information from Illinois courts that use e-filing systems.
How Do I Look Up a Judgment In Illinois?
Residents of Illinois can look up a judgment online, as described above, or at the courthouse. All circuit court clerks maintain records of judgments. Hence, interested persons can visit a clerk's office (located at the courthouse) to inspect a judgment. Inspections are free, but fees may be assessed if the inquirer wishes to reproduce a record.
When going on-site to look up a judgment, it is crucial to have information about the court case or judgment to enable speedy identification. For example, a case number, judgment debtor's/creditor's name, filing date, etc. If a case detail is unknown, the requester can search the court's online public access system (if available) to find it. Alternatively, the individual can ask to use a computer at the clerk's office. Some clerks also accept written requests by mail, but the requester will have to pay per name or year to receive the information.
What Happens if You Have a Judgment Against You in Illinois?
In Illinois, an individual will have a judgment against them if sued, and they lose. Upon losing the suit, the individual (now the judgment debtor) must comply with the court's orders. If the judgment was monetary, the party must pay what is owed to the prevailing side (judgment creditor). Otherwise, the creditor can begin debt collection efforts, which involve taking the debtor's assets or income to satisfy the judgment.
How Do I Find Out If I Have Any Judgments Against Me In Illinois?
Any person who becomes a judgment debtor in Illinois because they lost a lawsuit will typically receive a notice of the entry of judgment by mail or in person. Suppose the debtor fails to receive the notice, either because they changed addresses or accidentally discarded the mail. In that case, the individual can contact their local circuit court clerk or recorder of deeds to determine if any judgments have been entered against them.
Another method to uncover a judgment is when one becomes the recipient of debt collection activities. For some people, this is usually the first way that they become aware of a judgment.
How Long Does A Judgment Stay On Your Record?
Once a judgment is entered in Illinois, it stays on a person's official court record forever. Judgments are permanent public records that cannot be erased. Nevertheless, the file can be placed under seal if the record is confidential by law or good cause exists to limit the public's access to the record.
While it is not possible to erase a judgment from a court file, an individual can remove the effects of the judgment on their life. This can be done by satisfying the judgment in full (or to an amount agreed to by the creditor) or seeking relief from the judgment under 735 ILCS 5/2-1203 (for non-jury trials), 735 ILCS 5/2-1202 (for jury trials), or 735 ILCS 5/2-1401. Examples of such post-judgment remedies include vacating the judgment, amending the judgment, or starting an appeal process.
How To Enforce A Judgment In Illinois
In Illinois, obtaining and enforcing a judgment are two separate legal processes. While an individual can sue another to retrieve a judgment from a state court, the court cannot participate in post-judgment collection on its motion. Beginning enforcement proceedings is the creditor's responsibility, and this can usually be done right away, i.e., as soon as the court enters the judgment.
If payment does not occur voluntarily, the creditor has several legitimate ways to enforce the judgment against the debtor's real property, assets, or money. This is also known as "collecting a judgment." Article XII of the Code of Civil Procedure directs enforcement methods in Illinois.
How To Collect A Judgment In Illinois
Under 735 ILCS 5/2-1402, a judgment creditor (the winner of a lawsuit) has a few ways to guarantee that a judgment debtor (loser of the lawsuit) complies with the court's final order - especially when it concerns the payment of money for an injury, loss, or damage. These methods include wage and non-wage garnishments.
With wage garnishments, the creditor can collect the owed amount from the debtor's salary. Meanwhile, with non-wage garnishments, the creditor can recover the debt from funds other than the debtor's salary. For example, money held in a bank account.
If unaware of the debtor's assets, the creditor can file a Citation to Discover Assets to obtain information about the debtor's income and property. This involves serving the debtor with the citation to get them to come to court and answer questions about their assets. The creditor can also serve this document to third parties (the debtor's bank or employer) to receive information about the debtor's wages, property, and income. The applicable forms and instructions can be found on the Illinois courts' site. However, some courts may require creditors to use local forms.
The creditor can use the citation to take money from the debtor's bank or employer. Upon discovering the debtor's real estate, the creditor can also attach a lien to that property to collect the debt, provided the property is not exempt from execution or attachment.
What Happens if a Defendant Does Not Pay a Judgment in Illinois
A defendant who fails to pay a judgment in Illinois will end up being subject to debt collection activities initiated by the creditor (e.g., wage garnishments and judgment liens). Also, if the creditor moves for a hearing in which the defendant would declare their assets to ease collection efforts, the party may serve time in jail if found in civil contempt for failing to appear.
Furthermore, any judgment entered in Illinois accrues interest annually. As such, for every day a defendant fails to pay a judgment, the party will be liable to pay the amount of interest due, plus the unpaid judgment amount.
What Personal Property Can Be Seized in a Judgment in Illinois?
Upon the entry of a judgment in Illinois, the winning party can legally go after the losing party's salary, bank account, and other personal property to satisfy the judgment. However, certain assets are protected from such collection efforts under 735 ILCS 5/12-1001. These include:
- The necessary clothing, family pictures, bible, and school books of the debtor and debtor's family members
- Professionally prescribed health aids
- Alimony, support, or separate maintenance
- Unemployment compensation, social security, disability, public assistance, and veterans' benefits
- A motor vehicle in which the interest is not above $2,400
- Crime victim award
- Implements, professional books, or tools for a trade valued at $1,500, etc.
Illinois Judgment Interest Rate
Typically, judgments rendered in Illinois accumulate interest at a particular rate each year. This interest is assessed from the moment the judgment is entered until its satisfaction.
Per 735 ILCS 5/2-1303, the judgment interest rate in Illinois is 9% per annum (6% if the judgment debtor is a local government entity, e.g., a school district). However, if the judgment was rendered for a consumer debt of $25,000 or less, the interest rate is 5% per annum.
What is a Default Judgment?
A default judgment in Illinois is a final ruling that entered against a party to a suit for failing to appear or plead (735 ILCS /2-1301 (d)). This type of judgment is an automatic win for the other party (typically the plaintiff), as a judge can grant them the money originally claimed without hearing from the defaulter (usually the defendant).
How to File a Motion To Set Aside Default Judgment in Illinois
An individual who missed their court date and had a default judgment entered against them in Illinois can ask the court to set it aside under 735 ILCS /2-1301 (e). Some courts refer to this procedure as "vacating a default judgment."
Before the process can be begun, the individual must have a good reason for missing court or failing to respond to a summons. The party must also make a compelling argument for why the judgment should be thrown out and the case resumed.
File Motion To Vacate Judgment in Illinois
A motion to vacate a judgment in Illinois is a written request that an individual submits to the court to quash a judgment entered by default against them. This post-trial relief is time-limited, and anyone who moves for it must be able to present a meritorious defense for their nonappearance or failure to answer.
Under 735 ILCS /2-1301 (e), an individual only has 30 days after the entry of the default judgment to file a motion to vacate judgment with the court. After filing the appropriate forms, the individual must send a copy of the motion to the other side and appear for the scheduled court hearing. The forms required include:
- Motion to Vacate a Default Judgment
- Notice of Motion to Vacate Judgment
- Proof of Service, and
- Order for Motion to Vacate Judgment
The first two forms should be filed with the court, and a copy served on the other party. The _Proof of Delivery_should be completed and filed with the clerk to show that the other party was served. Meanwhile, the _Order_should be kept to submit to the judge if the court grants the motion.
These forms, with instructions included, can be obtained from the applicable circuit clerk. The courts also provide a guide for anyone who had a default judgment entered against them in a mortgage foreclosure proceeding (forms can be obtained from the Illinois courts website).
How To Remove A Memorandum Of Judgment In Illinois
When an Illinois court renders a judgment, the triumphant side can enforce it against the losing side's real estate by recording a transcript, certified copy, or memorandum of it with a county recorder's office. Some states refer to this document as an "abstract of judgment," but Illinois calls it a "memorandum of judgment."
When a memorandum of judgment is recorded, it becomes a judgment lien on the debtor's property. As such, the judgment creditor can sell the debtor's property to collect the judgment if it remains unsatisfied.
Per 735 ILCS 5/12-101 (d), the lien remains on one's real estate for 7 years, but this deadline can be prolonged if the judgment is revived. Generally, the only way to remove a judgment lien in Illinois is to satisfy the judgment itself and have the creditor file a release (satisfaction) of judgment with the court.
How Long Is a Judgment Good For In Illinois?
An Illinois judgment is good for 7 years from its entry date. However, with the correct timing, it can be enforced for as long as 27 years. Under 735 ILCS 5/2-1602, a creditor can file a motion to revive a judgment in the 7th year after its entry, the 7th year after its last revival, or the 20th year after its entry. However, if they do not file and the judgment becomes dormant, they still have the opportunity to revive it at any time within 20 years of the judgment's entry.
Illinois Judgment Statute of Limitations Law
Illinois judgment statute of limitations law is outlined under Section 5/2-1602 of the Code of Civil Procedure (Chapter 735 of the Illinois Compiled Statutes).
