An Illinois Affidavit of Foreign Judgment is a document that is filed with the Circuit Court in the county where the judgment debtor resides or has an asset. It is used to establish the validity of a foreign judgment against a person or business in Illinois. It is used as a way to enforce a judgment from another state or country in the state of Illinois. There are two types of Illinois Affidavit of Foreign Judgment: 1. A Domestic Affidavit of Foreign Judgment is used when the judgment is from another state in the United States. 2. An International Affidavit of Foreign Judgment is used when the judgment is from a foreign country. Once the Affidavit of Foreign Judgment is filed with the court, the judgment creditor can then begin enforcement proceedings. This includes garnishment of wages, seizure of assets, and other collection methods.
Illinois Affidavit of Foreign Judgment
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How to fill out Illinois Affidavit Of Foreign Judgment?
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FAQ
To register a foreign judgment in Illinois, you will need to prepare (1) a civil action cover sheet (selecting foreign judgment registration as the case type); (2) a foreign judgment registration cover sheet; (3) a notice of filing of the foreign judgment; (4) an authenticated copy of the judgment; and (4) an affidavit
The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit.
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.
Out-of-state judgments are referred to as foreign judgments. A judgment obtained in another state can be registered in Illinois pursuant to the Uniform Enforcement of Foreign Judgments Act found at 735 ILCS 5/12-650 et.
In short, the statute provides that by filing an authenticated copy of the judgment (i.e. a certified copy of the judgment from the state it was entered in) with an affidavit, a notice of filing, and a cover sheet, a foreign judgment will become an Illinois judgment that can be enforced in Illinois.
Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
The Illinois Enforcement of Foreign Judgments Act (735 ILCS 5/12/650-657) defines a foreign judgment as ?any judgment, decree, or order of a court of the United States or any other court which is entitled to full faith and credit in this State.?
The Recognition Act provides that as long as a foreign judgment is "final and conclusive and enforceable where rendered" (735 ILCS 5/12--619 (West 1998)), it "is enforceable in the same manner as the judgment of a sister state which is entitled to full faith and credit" (735 ILCS 5/12--620 (West 1998)).