What Steps Do You Need to Take to Collect on an Out of State Judgment in Illinois
March 5, 2024
Domesticating an out-of-state judgment in Illinois involves getting the foreign judgment recognized and enforced in the state of Illinois. Here are the general steps you can take:
Obtain a Certified Copy of the Judgment:
● Get a certified copy of the judgment from the court that issued it. Ensure that it includes all relevant information, such as the amount owed, the parties involved, and the date of the judgment.
File a Petition for Recognition:
● File a petition with the appropriate Illinois court to recognize the out-of-state judgment. This is typically done in the circuit court in the county where the debtor resides or where their assets are located.
Submit Required Documents:
● Along with the petition, submit the certified copy of the judgment, a statement of any payments made, and an affidavit or certificate from the judgment creditor or their attorney attesting to the validity of the judgment.
Comply with Illinois Laws:
● Ensure that you comply with Illinois laws regarding the domestication of foreign judgments. Different states may have different procedures, so it's essential to follow the specific requirements in Illinois.
Serve Notice to the Debtor:
● Serve notice to the debtor as required by Illinois law. This might include providing them with a copy of the petition and a chance to respond.
Hearing and Judgment:
● Attend any required hearings, and if the court finds that the foreign judgment is valid and enforceable, it may issue a judgment recognizing the out-of-state judgment.
Enforce the Judgment:
● With the recognized judgment, you can then take steps to enforce it in Illinois. This may involve garnishing wages, seizing assets, or other methods permitted under Illinois law.
Record the Judgment:
● If the judgment involves real property, you may need to record it in the county where the property is located.
It is a very tricky process and it's worth hiring an attorney that is experienced in this area. In fact, many of our clients are law firms. If you need help collecting on your judgment in Illinois, contact me at doug@illinoisattorney.com.