Illinois Foreign Judgment Enrollment
CHAPTER 735
CIVIL PROCEDURE
735 ILCS 5/
Code of Civil Procedure.
Part 6. Foreign Judgments and Foreign-Money Claims
Short Title.
Sections 12-650 through 12-657 of this Act may be cited
as the Uniform Enforcement of Foreign Judgments Act. Chap. 735, Part
6, Sec. 12-650.
(735 ILCS 5/12-651)
Definition.
As used in Sections 12-650 through
12-657, "foreign judgment" means any judgment,
decree, or order of a court of the United States or of any other court
which is entitled to full faith and credit in this State.
Chap. 735, Part 6, Sec. 12-651.
(735 ILCS 5/12-652)
Filing and Status of Foreign Judgments.
(a) A copy of any foreign judgment authenticated
in accordance with the acts of Congress or the statutes of this State may
be filed in the office of the circuit clerk for
any county of this State. The clerk shall treat the foreign judgment in
the same manner as a judgment of the circuit court for any county of this
State. A judgment so filed has the same effect and is subject
to the same procedures, defenses and proceedings for
reopening, vacating, or staying as a judgment of
a circuit court for any county of this State and may
be enforced or satisfied in like manner.
(b) A foreign judgment or lien arising
by operation of law, and resulting from an order requiring
child support payments shall be entitled to full faith
and credit in this State, shall be enforceable in the same manner
as any judgment or lien of this State resulting from an order requiring
child support payments, and shall not be required to be filed
with the office of the circuit clerk in any county of this State, except
as provided for in Sections 10-25 and 10-25.5 of the Illinois
Public Aid Code.
(c) A foreign order of protection issued
by the court of another state, tribe, or United States territory is entitled
to full faith and credit in this State, is enforceable in the
same manner as any order of protection issued by a circuit court for any
county of this State, and may be filed with
the circuit clerk in any county of this State as provided in
Section 222.5 of the Illinois Domestic Violence Act of 1986 or
Section 22.5 of the Code of Criminal Procedure of 1963.
A foreign order of protection shall not be required to be filed with the
circuit clerk to be entitled to full faith and credit in this State.
Chap. 735, Part 6, Sec. 12-652.
(735 ILCS 5/12-653)
Notice of Filing.
(a) At the time of the filing of the foreign judgment,
the judgment creditor or his lawyer shall make and file with the
circuit clerk an affidavit setting forth the name
and last known post office address of the judgment debtor, and the judgment
creditor.
(b) Promptly upon the filing of a foreign judgment (other
than a foreign order of protection) and the affidavit,
the clerk shall mail notice of the filing of the foreign judgment to the
judgment debtor at the address given and
shall make a note of the mailing in the docket. The notice shall
include the name and post office address
of the judgment creditor and the judgment creditor's
lawyer, if any, in this State. In addition, the judgment creditor
may mail a notice of the filing of
the judgment to the judgment debtor and may file proof
of mailing with the clerk. Lack of mailing notice of filing by the
clerk shall not affect the enforcement proceedings if proof of mailing
by the judgment creditor has been filed.
(c) The clerk shall not mail notice of the filing
of a foreign order of protection to the respondent named in the order.
Chap. 735, Part 6, Sec. 12-653.
(735 ILCS 5/12-654)
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 is 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. Chap. 735, Part 6, Sec.
12-654.
(735 ILCS 5/12-655)
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. Chap. 735,
Part 6, Sec. 12-655.
(735 ILCS 5/12-656)
Optional Procedure.
The right of a judgment creditor to bring an action to enforce
his judgment instead of proceeding under this Act remains unimpaired.
Chap. 735, Part. 6, Sec. 12-656.
(735 ILCS 5/12-657)
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. Chap. 735, Part 6, Sec. 12-656.