Illinois Revival of Judgment

State:
Illinois
Control #:
IL-SKU-1244
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Description

Revival Of Judgment

Illinois Revival of Judgment is a civil law procedure that allows for a court to reinstate a judgment that has been previously dismissed or reversed. It is the process of taking a valid judgment that has been set aside, and restoring it to its original status. There are three types of Illinois Revival of Judgment: reviving a judgment after it has been reversed by an appellate court; reviving a judgment after it has been dismissed; and reviving a judgment after it has been vacated. In order to revive a judgment, the party seeking to revive the judgment must file a petition in the court that entered the original judgment. The court then considers the merits of the petition, and if the court finds that the revival is proper, a new judgment is entered restoring the original judgment.

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FAQ

Illinois law provides ?a judgment may be revived by filing a petition to revive the judgment in the 7th year after its entry, or in the 7th year after its last revival, or in the 20th year after its entry, or at any other time within 20 years after its entry if the judgment becomes dormant and by serving the petition

After a judgment is entered, the person who is owed the money, called the "creditor," can enforce the judgment for 7 years. However, the creditor can file a Petition to Revive, and serve it on the person who owes the money (the "debtor"), and get another 7 years.

A judgment is not a lien on real estate for longer than 7 years from the time it is entered or revived, unless the judgment is revived within 7 years after its entry or last revival and a new memorandum of judgment is recorded prior to the judgment and its recorded memorandum of judgment becoming dormant.

Primary tabs. 1) Revival is requesting a court to reinstate the force of a dormant judgment?i.e. a judgment that was issued and has since lapsed or expired. Also referred to as renewal of judgment in some jurisdictions.

A more thorough explanation: Dormant Judgment A dormant judgment is a court order that has not been enforced within the time limit set by law. This means that any judgment lien may have been lost, and execution cannot be issued unless the judgment creditor first revives the judgment.

If a will is partially revoked by an instrument which is itself revoked, the revoked part of the will is revived and takes effect as if there had been no revocation.

A judgment may be revived multiple times. In short, a judgment becomes dormant if not enforced or revived within the first seven years following its entry, but it may be revived at a variety of times within a 20-year period from the entry of the original judgment.

How long does a judgment lien last in Illinois? A judgment lien in Illinois will remain attached to the debtor's property (even if the property changes hands) for seven years.

More info

If a judgment is old, it may need to be revived before it can be enforced. Illinois law governs the enforcement and resurrection of judgments.Step 1: Complete Appropriate Forms. ❑ Motion for Revival of Judgment (JDF 113). A judgment cannot be revived after 20 years. Ala. Code § 6-9-190. ALASKA. The revival of a judgment lien continues or creates a lien upon real property. France, and in Louisiana. A privately held dormant judgment can be revived under Ohio Revised Code Section 2325. Commencement of proceedings. Venue.

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Illinois Revival of Judgment