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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. XII Pt. 4
(735 ILCS 5/Art. XII Pt. 4 heading)
Part 4.
Redemption by State
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735 ILCS 5/12-401
(735 ILCS 5/12-401) (from Ch. 110, par. 12-401)
Sec. 12-401.
Right of State as judgment creditor.
Except as to any
sale had by virtue of a judgment of foreclosure in accordance with Article
XV of this Act, whenever any real estate
has been or is sold at a judicial or judgment
sale and such real estate is then subject to a lien or claim for lien in
favor of the People of the State of Illinois, which is junior and inferior
to the lien so enforced or foreclosed by or through that sale, the right
of the State to redeem by virtue of its lien from that sale or from the
lien so foreclosed or enforced ceases and terminates at the end of 12 months
from the date upon which it is filed for record in the Office
of the recorder for the County in which the lands so sold are situated, if
such lands are unregistered, or in the Office of the Registrar of Titles
for such County, if such lands are registered, a certified copy of the original
or duplicate recorded or registered certificate of such sale, such certified
copy being endorsed by the State's Attorney of such County, or his or her
assistant, showing service of a copy of such certificate upon him or her,
and upon such service such officer shall make such endorsement. Service may be made by
United States registered or certified mail.
(Source: P.A. 84-1462.)
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735 ILCS 5/12-403
(735 ILCS 5/12-403) (from Ch. 110, par. 12-403)
Sec. 12-403.
Application.
The provisions of Part 4 of Article XII of
this Act shall not apply to any lien in
favor of the State of Illinois or notice of such lien arising under any
other Act containing provisions relating to the right of the State of
Illinois to redeem real estate sold at judicial or judgment sale.
(Source: P.A. 83-707.)
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735 ILCS 5/12-404
(735 ILCS 5/12-404) (from Ch. 110, par. 12-404)
Sec. 12-404.
Does not include where State is nominal party.
The term "lien
or claim for lien in favor of the People of
the State of Illinois," as used in Part 4 of Article XII of this Act,
means and includes a lien
or claim for lien in which the State of Illinois is a real party in
interest, and not a lien or claim for lien in the name of the People of
the State of Illinois as nominal plaintiff for the sole use or benefit
of others.
(Source: P.A. 83-707.)
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735 ILCS 5/Art. XII Pt. 5
(735 ILCS 5/Art. XII Pt. 5 heading)
Part 5.
Federal Judgments
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735 ILCS 5/12-501
(735 ILCS 5/12-501) (from Ch. 110, par. 12-501)
Sec. 12-501. Registration of Federal judgments. Judgments of courts of
the United States held,
within this State, and all process, returns, certificates of the levy of a
process, and records of such courts may be registered, recorded, docketed,
indexed or otherwise dealt with in, the public offices of this State, so
as to make them conform to the rules and requirements relating to
judgments of courts of this State. A certified copy of a federal judgment order entered in this State may be filed in any circuit court and shall be afforded recognition as if it were a judgment entered in any other circuit court of this State.
(Source: P.A. 95-661, eff. 1-1-08.)
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735 ILCS 5/12-502
(735 ILCS 5/12-502) (from Ch. 110, par. 12-502)
Sec. 12-502.
Lien of Federal judgments.
Upon filing in the office of the
recorder in any
county of this State of a transcript, certified copy or memorandum of a
judgment entered in this State by a court of the
United States, such judgment shall be a lien upon the real
estate of the person against whom the same is entered, in the
county where filed, in like manner as judgments of courts of this State.
The term "memorandum" as used in this Section means a memorandum or copy of
the judgment signed by a judge of the court entering it and
showing the court in which entered, date, amount, case number
of the case in which entered, name of the party in whose favor
and name of the party against whom entered. However, no such
judgment shall be a lien on any real estate, registered under the
provisions of "An Act concerning land titles", approved May 1, 1897, as
amended, until the provisions of Section 85 of that Act have been
complied with.
(Source: P.A. 83-358.)
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735 ILCS 5/Art. XII Pt. 6
(735 ILCS 5/Art. XII Pt. 6 heading)
Part 6.
Foreign Judgments and Foreign-Money Claims
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735 ILCS 5/12-618
(735 ILCS 5/12-618)
Sec. 12-618. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-619
(735 ILCS 5/12-619)
Sec. 12-619. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-620
(735 ILCS 5/12-620)
Sec. 12-620. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-621
(735 ILCS 5/12-621)
Sec. 12-621. (Repealed).
(Source: P.A. 95-865, eff. 8-19-08. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-622
(735 ILCS 5/12-622)
Sec. 12-622. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-623
(735 ILCS 5/12-623)
Sec. 12-623. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-624
(735 ILCS 5/12-624)
Sec. 12-624. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-625
(735 ILCS 5/12-625)
Sec. 12-625. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-626
(735 ILCS 5/12-626)
Sec. 12-626. (Repealed).
(Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-630
(735 ILCS 5/12-630) (from Ch. 110, par. 12-630)
Sec. 12-630.
Short title; Uniform Foreign-Money Claims Act.
Sections
12-630 through 12-645 may be cited as the Uniform Foreign-Money Claims Act.
In those Sections, "this Act" means the Uniform Foreign-Money Claims Act.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-631
(735 ILCS 5/12-631) (from Ch. 110, par. 12-631)
Sec. 12-631.
Definitions.
In this Act:
(1) "Action" means a judicial proceeding or arbitration in which a
payment in money may be awarded or enforced with respect to a foreign-money
claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a
bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day next preceding the date on
which money, in accordance with this Act, is:
(i) paid to a claimant in an action or distribution | |
(ii) paid to the official designated by law to
| | enforce a judgment or award on behalf of a claimant; or
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(iii) used to recoup, set-off, or counterclaim in
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(4) "Distribution proceeding" means a judicial or nonjudicial proceeding
for the distribution of a fund in which one or more foreign-money claims is
asserted and includes an accounting, an assignment for the benefit of
creditors, a foreclosure, the liquidation or rehabilitation of a
corporation or other entity, and the distribution of an estate, trust,
or other fund.
(5) "Foreign money" means money other than money of the United States
of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay, or a
claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or
a store of value authorized or adopted by a government or by
inter-governmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant
to Section 12-634.
(9) "Person" means an individual, a corporation, government or
governmental subdivision or agency, business trust, estate, trust, joint
venture, partnership, association, 2 or more persons having a joint or
common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may
be converted into money of another country in a free financial market
convenient to or reasonably usable by a person obligated to pay or to state
a rate of conversion. If separate rates of exchange apply to different
kinds of transactions, the term means the rate applicable to the particular
transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is
sold by a bank or other dealer in foreign exchange for immediate or next
day availability or for settlement by immediate payment in cash or
equivalent, by charge to an account, or by an agreed delayed settlement not
exceeding 2 days.
(12) "State" means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or a territory or insular
possession subject to the jurisdiction of the United States.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-632
(735 ILCS 5/12-632) (from Ch. 110, par. 12-632)
Sec. 12-632.
Scope.
(a) This Act applies only to a foreign-money claim
in an action or distribution proceeding.
(b) This Act applies to foreign-money issues even
if other law under the conflict of laws rules of this
State applies to other issues in the action or
distribution proceeding.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-633
(735 ILCS 5/12-633) (from Ch. 110, par. 12-633)
Sec. 12-633.
Variation by agreement.
(a) The effect of this Act may be varied by agreement of the parties
made before or after commencement of an action or distribution proceeding
or the entry of judgment.
(b) Parties to a transaction may agree upon the money to be used in a
transaction giving rise to a foreign-money claim and may agree to use
different moneys for different aspects of the transaction. Stating the
price in a foreign money for one aspect of a transaction does not alone
require the use of that money for other aspects of the transaction.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-634
(735 ILCS 5/12-634) (from Ch. 110, par. 12-634)
Sec. 12-634.
Determining money of the claim.
(a) The money in which the parties to a transaction have agreed that
payment is to be made is the proper money of the claim for payment.
(b) If the parties to a transaction have not otherwise agreed, the
proper money of the claim, as in each case may be appropriate, is the money:
(1) regularly used between the parties as a matter of | | usage or course of dealing;
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(2) used at the time of a transaction in
| | international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
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(3) in which the loss was ultimately felt or will be
| | incurred by the party claimant.
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(Source: P.A. 86-1291.)
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735 ILCS 5/12-635
(735 ILCS 5/12-635) (from Ch. 110, par. 12-635)
Sec. 12-635.
Determining amount of the money of certain contract claims.
(a) If an amount contracted to be paid in a foreign money is measured by
a specified amount of a different money, the amount to be paid is
determined on the conversion date.
(b) If an amount contracted to be paid in a foreign money is to be
measured by a different money at the rate of exchange prevailing on a date
before default, that rate of exchange applies only to payments made within
a reasonable time after default, not exceeding 30 days. Thereafter,
conversion is made at the bank-offered spot rate on the conversion date.
(c) A monetary claim is neither usurious nor unconscionable because the
agreement on which it is based provides that the amount of the debtor's
obligation to be paid in the debtor's money, when received by the creditor,
must equal a specified amount of the foreign money of the country of the
creditor. If, because of unexcused delay in payment of a judgment or
award, the amount received by the creditor does not equal the amount of the
foreign money specified in the agreement, the court or arbitrator shall
amend the judgment or award accordingly.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-636
(735 ILCS 5/12-636) (from Ch. 110, par. 12-636)
Sec. 12-636.
Asserting and defending foreign-money claim.
(a) A person may assert a claim in a specified foreign money. If a
foreign-money claim is not asserted, the claimant makes the claim in United
States dollars.
(b) An opposing party may allege and prove that a claim, in whole or in
part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment, or counterclaim
in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-637
(735 ILCS 5/12-637) (from Ch. 110, par. 12-637)
Sec. 12-637.
Judgments and awards on foreign-money claims; times of
money conversion; form of judgment.
(a) Except as provided in subsection (c), a judgment or award on a
foreign-money claim must be stated in an amount of the money of the claim.
(b) A judgment or award on a foreign-money claim is payable in that
foreign money or, at the option of the debtor, in the amount of United
States dollars which will purchase that foreign money on the conversion
date at a bank-offered spot rate.
(c) Assessed costs must be entered in United States dollars.
(d) Each payment in United States dollars must be accepted and credited
on a judgment or award on a foreign-money claim in the amount of the
foreign money that could be purchased by the dollars at a bank-offered spot
rate of exchange at or near the close of business on the conversion date
for that payment.
(e) A judgment or award made in an action or distribution proceeding on
both (i) a defense, set-off, recoupment, or counterclaim and (ii) the
adverse party's claim, must be netted by converting the money of the
smaller into the money of the larger, and by subtracting the smaller from
the larger, and specify the rates of exchange used.
(f) A judgment substantially in the following form complies with
subsection (a):
IT IS ADJUDGED AND ORDERED, that Defendant (insert | | name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see Section 12-639) percent a year or, at the option of the judgment debtor, the number of United States dollars which will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day next before the day of payment, together with assessed costs of (insert amount) United States dollars.
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(g) If a contract claim is of the type covered by Section 12-635(a) or
(b), the judgment or award must be entered for the amount of money stated
to measure the obligation to be paid in the money specified for payment or,
at the option of the debtor, the number of United States dollars which will
purchase the computed amount of the money of payment on the conversion date
at a bank-offered spot rate.
(h) A judgment must be filed and indexed in foreign money in the same
manner, and has the same effect as a lien, as other judgments. It may be
discharged by payment.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-638
(735 ILCS 5/12-638) (from Ch. 110, par. 12-638)
Sec. 12-638.
Conversions of foreign money in distribution proceeding.
The rate of exchange prevailing at or near the close of business on the day
the distribution proceeding is initiated governs all exchanges of foreign
money in a distribution proceeding. A foreign-money claimant in a
distribution proceeding shall assert its claim in the named foreign money
and show the amount of the United States dollars resulting from a
conversion as of the date the proceeding was initiated.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-639
(735 ILCS 5/12-639) (from Ch. 110, par. 12-639)
Sec. 12-639.
Pre-judgment and judgment interest.
(a) With respect to a foreign-money claim, recovery of pre-judgment or
pre-award interest and the rate of interest to be applied in the action or
distribution proceeding, except as provided in subsection (b), are matters
of the substantive law governing the right to recovery under the
conflict-of-laws rules of this State.
(b) The court or arbitrator shall increase or decrease the amount of
pre-judgment or pre-award interest otherwise payable in a judgment or award
in foreign-money to the extent required by the law of this State governing
a failure to make or accept an offer of settlement or offer of judgment, or
conduct by a party or its attorney causing undue delay or expense.
(c) A judgment or award on a foreign-money claim bears interest at the
rate applicable to judgments of this State.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-640
(735 ILCS 5/12-640) (from Ch. 110, par. 12-640)
Sec. 12-640.
Enforcement of foreign judgments.
(a) If an action is brought to enforce a judgment of another
jurisdiction expressed in a foreign money and the judgment is recognized in
this State as enforceable, the enforcing judgment must be entered as
provided in Section 12-637, whether or not the foreign judgment confers an
option to pay in an equivalent amount of United States dollars.
(b) A foreign judgment may be filed in accordance with any rule or
statute of this State providing a procedure for its recognition and
enforcement.
(c) A satisfaction or partial payment made upon the foreign judgment, on
proof thereof, must be credited against the amount of foreign money
specified in the judgment, notwithstanding the entry of judgment in this State.
(d) A judgment entered on a foreign-money claim only in United States
dollars in another state must be enforced in this State in United States
dollars only.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-641
(735 ILCS 5/12-641) (from Ch. 110, par. 12-641)
Sec. 12-641.
Determining United States dollar value of foreign-money
claims for limited purposes.
(a) Computations under this Section are for the limited purposes of the
Section and do not affect computation of the United States dollar
equivalent of the money of the judgment for the purpose of payment.
(b) For the limited purpose of facilitating the enforcement of
provisional remedies in an action, the value in United States dollars of
assets to be seized or restrained pursuant to a writ of attachment,
garnishment, execution, or other legal process, the amount of United States
dollars at issue for assessing costs, or the amount of United States
dollars involved for a surety bond or other court-required undertaking,
must be ascertained as provided in subsections (c) and (d).
(c) A party seeking process, costs, bond, or other undertaking under
subsection (b) shall compute in United States dollars the amount of the
foreign money claimed from a bank-offered spot rate prevailing at or near
the close of business on the banking day next preceding the filing of a
request or application for the issuance of process or for the determination
of costs, or an application for a bond or other court-required undertaking.
(d) A party seeking the process, costs, bond, or other undertaking under
subsection (b) shall file with each request or application an affidavit or
certificate executed in good faith by its counsel or a bank officer,
stating the market quotation used and how it was obtained, and setting
forth the calculation. Affected court officials incur no liability, after
a filing of the affidavit or certificate, for acting as if the judgment
were in the amount of United States dollars stated in the affidavit or
certificate.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-642
(735 ILCS 5/12-642) (from Ch. 110, par. 12-642)
Sec. 12-642.
Effect of currency revalorization.
(a) If, after an obligation is expressed or a loss is incurred in a
foreign money, the country issuing or adopting that money substitutes a new
money in place of that money, the obligation or the loss is treated as if
expressed or incurred in the new money at the rate of conversion the
issuing country establishes for the payment of like obligations or losses
denominated in the former money.
(b) If substitution under subsection (a) occurs after a judgment or
award is entered on a foreign-money claim, the court or arbitrator shall
amend the judgment or award by a like conversion of the former money.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-643
(735 ILCS 5/12-643) (from Ch. 110, par. 12-643)
Sec. 12-643.
Supplementary general principles of law.
Unless
displaced by particular provisions of this Act, the principles of law and
equity, including the law merchant, and the law relative to capacity to
contract, principal and agent, estoppel, fraud, misrepresentation, duress,
coercion, mistake, bankruptcy, or other validating or invalidating causes
supplement its provisions.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-644
(735 ILCS 5/12-644) (from Ch. 110, par. 12-644)
Sec. 12-644.
Uniformity of application and construction.
This Act
shall be applied and construed to effectuate its general purpose to make
uniform the law with respect to the subject of this Act among states
enacting it.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-645
(735 ILCS 5/12-645) (from Ch. 110, par. 12-645)
Sec. 12-645.
Transitional provision.
This Act applies to actions and
distribution proceedings commenced after its effective date.
(Source: P.A. 86-1291.)
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735 ILCS 5/12-650
(735 ILCS 5/12-650) (from Ch. 110, par. 12-650)
Sec. 12-650.
Short Title.
Sections 12-650 through
12-657 of this Act may be cited as the Uniform
Enforcement of Foreign Judgments Act.
(Source: P.A. 87-358; 87-895.)
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735 ILCS 5/12-651
(735 ILCS 5/12-651) (from Ch. 110, par. 12-651)
Sec. 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.
(Source: P.A. 87-358; 87-895.)
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735 ILCS 5/12-652
(735 ILCS 5/12-652) (from Ch. 110, par. 12-652)
Sec. 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. A judgment filed or registered under this Act shall be construed to be an original Illinois judgment from the date it is filed with the clerk of the circuit court and for purposes of enforcement and revival, shall be treated in exactly the same manner as an Illinois judgment entered on that same date.
(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.
(Source: P.A. 97-350, eff. 1-1-12.)
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735 ILCS 5/12-653
(735 ILCS 5/12-653) (from Ch. 110, par. 12-653)
Sec. 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.
(Source: P.A. 91-903, eff. 1-1-01.)
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735 ILCS 5/12-654
(735 ILCS 5/12-654) (from Ch. 110, par. 12-654)
Sec. 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 it 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.
(Source: P.A. 99-642, eff. 7-28-16.)
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735 ILCS 5/12-655
(735 ILCS 5/12-655) (from Ch. 110, par. 12-655)
Sec. 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.
(Source: P.A. 91-903, eff. 1-1-01.)
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735 ILCS 5/12-656
(735 ILCS 5/12-656) (from Ch. 110, par. 12-656)
Sec. 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.
(Source: P.A. 87-358; 87-895.)
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735 ILCS 5/12-657
(735 ILCS 5/12-657) (from Ch. 110, par. 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.
(Source: P.A. 87-358; 87-895.)
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735 ILCS 5/12-661 (735 ILCS 5/12-661) Sec. 12-661. Short title. Sections 12-661 through 12-672 may be cited as the Uniform Foreign-Country Money Judgments Recognition Act. In those Sections, "this Act" means the Uniform Foreign-Country Money Judgments Recognition Act.
(Source: P.A. 97-140, eff. 1-1-12.) |
735 ILCS 5/12-662 (735 ILCS 5/12-662) Sec. 12-662. Definitions. In this Act: "Foreign country" means a government other than: (A) the United States; (B) a state, district, commonwealth, territory, or | | insular possession of the United States; or
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| (C) any other government with regard to which the
| | decision in this State as to whether to recognize a judgment of that government's courts is initially subject to determination under the Full Faith and Credit Clause of the United States Constitution.
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| "Foreign-country judgment" means a judgment of a court of a foreign country.
(Source: P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-663 (735 ILCS 5/12-663) Sec. 12-663. Applicability. (a) Except as otherwise provided in subsection (b), this Act applies to a foreign-country judgment to the extent that the judgment: (1) grants or denies recovery of a sum of money; and (2) under the law of the foreign country where | | rendered, is final, conclusive, and enforceable.
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| (b) This Act does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(1) a judgment for taxes;
(2) a fine or other penalty; or
(3) a judgment for divorce, support, or maintenance,
| | or other judgment rendered in connection with domestic relations.
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| (c) A party seeking recognition of a foreign-country judgment has the burden of establishing that this Act applies to the foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-664 (735 ILCS 5/12-664) Sec. 12-664. Standards for recognition of foreign-country judgment. (a) Except as otherwise provided in subsections (b) and (c), a court of this State shall recognize a foreign-country judgment to which this Act applies. (b) A court of this State may not recognize a foreign-country judgment if: (1) the judgment was rendered under a judicial | | system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
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| (2) the foreign court did not have personal
| | jurisdiction over the defendant; or
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| (3) the foreign court did not have jurisdiction over
| | (c) A court of this State need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign
| | court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
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| (2) the judgment was obtained by fraud that deprived
| | the losing party of an adequate opportunity to present its case;
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| (3) the judgment or the cause of action on which the
| | judgment is based is repugnant to the public policy of this State or of the United States;
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| (4) the judgment conflicts with another final and
| | (5) the proceeding in the foreign court was contrary
| | to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
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| (6) in the case of jurisdiction based only on
| | personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
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| (7) the judgment was rendered in circumstances that
| | raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
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| (8) the specific proceeding in the foreign court
| | leading to the judgment was not compatible with the requirements of due process of law.
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| (d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.
(Source: P.A. 97-140, eff. 1-1-12.)
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735 ILCS 5/12-665 (735 ILCS 5/12-665) Sec. 12-665. Personal jurisdiction. (a) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if: (1) the defendant was served with process personally | | (2) the defendant voluntarily appeared in the
| | proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
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| (3) the defendant, before the commencement of the
| | proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
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| (4) the defendant was domiciled in the foreign
| | country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;
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| (5) the defendant had a business office in the
| | foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or
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| (6) the defendant operated a motor vehicle or
| | airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.
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| (b) The list of bases for personal jurisdiction in subsection (a) is not exclusive. The courts of this State may recognize bases of personal jurisdiction other than those listed in subsection (a) as sufficient to support a foreign-country judgment.
(Source: P.A. 97-140, eff. 1-1-12.)
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