Can a Defendant Object to the Registration of a Foreign Judgment in Illinois?

We have domesticated a lot of judgments for clients out of state. While we have never had one vacated, it is possible under certain circumstances.

Judgments rendered by courts outside of the State of Illinois are enforced by two uniform statutes: the Uniform Foreign Money-Judgments Recognition Act (“Recognition Act”)(735 ILCS 5/12-618 et seq.). and the Uniform Enforcement of Foreign Judgments Act (“Enforcement Act”) (735 ILCS 5/12-650 et seq.) As their names suggest, the Recognition Act is a means to recognize a foreign judgment; whereas the Enforcement Act allows that judgment to be enforced just like an Illinois judgment. Once a judgment is registered in Illinois it is, by all intents and purposes, the same as an Illinois judgment.

However, there are exceptions. For example, a circuit court may inquire into the defenses of lack of jurisdiction of the foreign court or fraud in the procurement of the judgment. CE Design Ltd. v. HealthCraft Products, No 1-14-3000 (First Dist. May 2, 2017). Thus, a defendant in Illinois can argue that the foreign judgment should not be recognized or enforced if it can prove that the foreign court did not have proper jurisdiction. To be honest, I have litigated this issue before and many Illinois courts have ruled that the Defendant needs to move to vacate the judgment in the foreign state. While one would think the Court should give deference and full faith and credit to the foreign court, this is not the law.

However, If the issue of jurisdiction was litigated in the foreign court, the Illinois court is precluded from inquiring into the foreign court’s jurisdiction under the doctrine of res judicata. Indeed, if the issue of jurisdiction has been decided, the registering court is compelled to accord full faith and credit to that ruling. Morey Fish Co. v. Rymer Foods Inc. 158 Ill.2d 179, 186-189 (1994).

The other exception to registration and enforcement is where the judgment is non-final. If the Court determines that the judgment is not final or conclusive when the domestication action was taken it is not entitled to full faith and credit. Ekambi v Njamfa, No 1-25-0630 (First Dis., November 7, 2025).

In sum, if the foreign judgment is final and jurisdiction over the defendant was proper, the judgment will be recognized and enforced in Illinois.