Chapter 735 — CIVIL PROCEDURE

(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 rig…

(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…

(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, recorde…

(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 ju…

(735 ILCS 5/12-618) Sec. 12-618. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-619) Sec. 12-619. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-620) Sec. 12-620. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(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 (Repealed).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 Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-622) Sec. 12-622. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-623) Sec. 12-623. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-624) Sec. 12-624. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-625) Sec. 12-625. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-626) Sec. 12-626. (Repealed). (Source: P.A. 82-280. Repealed by P.A. 97-140, eff. 1-1-12.)

(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.…

(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…

(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…

(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 transacti…

(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 other…

(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 co…

(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…

(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 …

(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 d…

(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 pr…

(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 judgmen…

(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 dol…

(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 obliga…

(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 a…

(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.…

(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.)

(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.)

(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 Sta…

(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 coun…

(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 addr…

(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 foreig…

(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. Fe…

(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.)

(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.)

(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-…

(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 (C) any other government with regard to which the deci…

(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 …

(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 recog…

(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 in the foreign country; (2) the defendant voluntarily appeared in the p…

(735 ILCS 5/12-666) Sec. 12-666. Procedure for recognition of foreign-country judgment. (a) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgme…

(735 ILCS 5/12-667) Sec. 12-667. Effect of recognition of foreign-country judgment. If the court in a proceeding under Section 12-666 finds that the foreign-country judgment is entitled to recognition under this Act then, to the extent that the foreign-country judgment grants or …

(735 ILCS 5/12-668) Sec. 12-668. Stay of proceedings pending appeal of foreign-country judgment. If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until…

(735 ILCS 5/12-669) Sec. 12-669. Statute of limitations. An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 15 years from the date that the foreign-cou…

(735 ILCS 5/12-670) Sec. 12-670. Uniformity of interpretation. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Source: P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-671) Sec. 12-671. Saving clause. This Act does not prevent the recognition under principles of comity or otherwise of a foreign-country judgment not within the scope of this Act. (Source: P.A. 97-140, eff. 1-1-12.)

(735 ILCS 5/12-672) Sec. 12-672. Act application. This Act applies to all actions commenced on or after the effective date of this amendatory Act of the 97th General Assembly in which the issue of recognition of a foreign-country judgment is raised. (Source: P.A. 97-140, eff. 1-1…

(735 ILCS 5/12-701) (from Ch. 110, par. 12-701) Sec. 12-701. Affidavit for garnishment; Contents. Upon the filing by a judgment creditor, its attorney or other designee of (1) an affidavit that the affiant believes any person is indebted to the judgment debtor, other than for wag…