Chapter 735, CIVIL PROCEDURE

(735 ILCS 5/12-160) (from Ch. 110, par. 12-160) Sec. 12-160. Bills. Bank bills, and all other bills or evidence of debt, issued by a moneyed corporation and circulated as money, may be levied upon for the enforcement of a judgment and paid to the creditor, at their par value, as …

(735 ILCS 5/12-161) (from Ch. 110, par. 12-161) Sec. 12-161. Security. If there is reasonable doubt as to the ownership of the goods, or as to their liability to be levied upon to satisfy the judgment, the officer may require sufficient security to indemnify him or her for levyin…

(735 ILCS 5/12-162) (from Ch. 110, par. 12-162) Sec. 12-162. Delivery bond. When personal property is levied upon, or about to be levied upon, if the judgment debtor gives bond with sufficient security, to be approved by the officer, payable to the creditor, in double the amount …

(735 ILCS 5/12-163) (from Ch. 110, par. 12-163) Sec. 12-163. When property not delivered. If the property is not delivered according to the condition of the bond, the officer having the certified copy of the judgment may proceed to enforce the same in the same manner as if no lev…

(735 ILCS 5/12-164) (from Ch. 110, par. 12-164) Sec. 12-164. Proceedings on delivery bond. If the officer does not obtain satisfaction of the judgment, he or she shall return the bond with the certified copy of the judgment, and the creditor shall be allowed to recover thereon th…

(735 ILCS 5/12-165) (from Ch. 110, par. 12-165) Sec. 12-165. Second delivery bond. No second delivery bond shall be taken in behalf of a judgment debtor so failing to comply with the first, nor shall a delivery bond be taken of his or her surety without the consent of the judgmen…

(735 ILCS 5/12-166) (from Ch. 110, par. 12-166) Sec. 12-166. Notice of sale of personalty. Before any goods or chattels are sold to satisfy a judgment, at least 10 days' previous notice of such sale shall be given by posting notices thereof in 3 of the most public places in the c…

(735 ILCS 5/12-167) (from Ch. 110, par. 12-167) Sec. 12-167. Postponing sale. The officer may postpone such sale from time to time, not exceeding 10 days at one time, whenever, for want of bidders or other good cause, he or she deems it for the interest of the parties concerned. …

(735 ILCS 5/12-168) (from Ch. 110, par. 12-168) Sec. 12-168. Return - Liability. The officer making such sale shall, in his or her return of the certified copy of the judgment particularly describe the goods sold, and the sum for which each article was sold; and if he or she is g…

(735 ILCS 5/12-169) (from Ch. 110, par. 12-169) Sec. 12-169. Marshalling proceeds. If the goods or chattels sold to satisfy the judgment have been attached by another creditor or seized on another judgment either by the same or any other officer, or if before the payment of the r…

(735 ILCS 5/12-176) (from Ch. 110, par. 12-176) Sec. 12-176. Judgments between parties. Judgments between the same parties may be set off, one against another, if required by either party, as prescribed in the following Section. (Source: P.A. 82-280.)

(735 ILCS 5/12-177) (from Ch. 110, par. 12-177) Sec. 12-177. Multiple judgments. When one of the judgments is delivered to an officer to be enforced, the debtor therein may deliver his or her judgment to the same officer, and the officer shall apply it, as far as it will extend, …

(735 ILCS 5/12-178) (from Ch. 110, par. 12-178) Sec. 12-178. Cases excepted. Such set-off shall not be allowed in the following cases: 1. When the creditor in one of the judgments is not in the same capacity and trust as the debtor in the other. 2. When the sum due on the first j…

(735 ILCS 5/12-183) (from Ch. 110, par. 12-183) Sec. 12-183. Release of judgment. (a) Every judgment creditor, his or her assignee of record or other legal representative having received full satisfaction or payment of all such sums of money as are really due to him or her from t…

(735 ILCS 5/12-201) (from Ch. 110, par. 12-201) Sec. 12-201. Procedure. (a) Whenever a judgment or order of attachment, entered by any court, shall be levied by any sheriff or coroner upon any personal property, and such property is claimed by any person other than the judgment d…

(735 ILCS 5/12-202) (from Ch. 110, par. 12-202) Sec. 12-202. Trial. The trial shall proceed without written pleadings in the same manner as in other civil cases, and may be by a jury if either party demands one. (Source: P.A. 83-707.)

(735 ILCS 5/12-203) (from Ch. 110, par. 12-203) Sec. 12-203. Subpoenas. The clerk of the court shall issue subpoenas for witnesses at the request of any party or the party's attorney. (Source: P.A. 82-280.)

(735 ILCS 5/12-204) (from Ch. 110, par. 12-204) Sec. 12-204. Trial and judgment. The court or the jury shall determine the rights of the parties and the court shall enter judgment accordingly, and the court shall direct the sheriff or coroner as to the disposition of the property…

(735 ILCS 5/12-205) (from Ch. 110, par. 12-205) Sec. 12-205. Costs. If the judgment is entered in favor of the claimant as to part of the property, and in favor of another party as to part, then the court shall in its discretion apportion the costs; and the sheriff, coroner and c…

(735 ILCS 5/12-301) (from Ch. 110, par. 12-301) Sec. 12-301. Contempt for concealing property. Any person who hides or conceals any property so that it cannot be taken by virtue of an order or judgment or, on the officer's request therefor, refuses to deliver property to the offi…

(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 sal…

(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 5/12-630) (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-…