Prepared by U.S. Legal Forms, Inc.
Copyright 2003 2004 - U.S. Legal Forms, Inc.
STATE OF ILLINOIS
FILING OF FOREIGN JUDGMENT
Uniform Enforcement of Foreign Judgment Act
Control Number – IL - EFJ-01
This packet contains the following:
1. Instructions ;
2. Forms ; and
3. Access to Law Summary.
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FILING OF A FOREIGN JUDGMENT
A foreign judgment is a judgment entered by a court other than the court of the state where the judgment
is sought to be filed. Filing a judgment allows the judgment creditor or person holding the judgment to enforce
it in the state of filing and the filing creates a judgment lien against the property of the Judgment Debtor.
Requirements:
1. The Judgment must be a final judgment.
2. The Judgment must be “certified pursuant to acts of congress” or "triple-sealed". This means
that a judge of a court of record must authenticate the order or abstract, the clerk of court must
authenticate the judge's authentication as genuinely that of a judge of a court of record, and a
judge must authenticate the clerk as clerk.
3. Execute an Affidavit in Support of Request to File Foreign Judgment [Form One], a Request to
File with Judgment attached as Exhibit A [Form Two] and Notice of Filing [Form Three].
4. Using the enclosed Cover Letter, send Affidavit in Support of Request to File Foreign Judgment
[Form One], a Request for Filing with Judgment attached as Exhibit A [Form Two] and Notice
of Filing [Form Three] to the clerk of the court where the judgment is sought to be filed.
5. Mail a copy of the Notice of Filing to the judgment debtor. A Notice of Filing for use by the
Circuit Court Clerk is enclosed but it is suggested that the Plaintiff serve notice on the Judgment
which will preserve the filing even in the event the Clerk fails to serve the Judgment Defendant.
6. Wait the required time of 30 days after mailing by the Clerk of the Court of the Notice of Filing
and then you may execute on property of the judgment debtor that is not exempt from execution.
The judgment becomes a final judgment of that court when recorded in the Office of the Clerk, and can
be readily transferred from one county to another as the final judgment of the filing court.
See 28 U.S.C. §1738 for statutory requirements for orders which must be extended full faith and credit.
States may give full faith and credit without the documentary requirements but they must give full faith and
credit if the requirements are met.
Filing of a foreign judgment in the State of Illinois is controlled by the Uniform Enforcement of Foreign
Judgments Act, Illinois Compiled Statutes, Chapter 735, Sections 735 ILCS 5/12-651 through 735 ILCS 5/12-
656, inclusive.
A Law Summary is available and can be printed for your State. To do so, go to where you located
this package and select the Law Summary link under the form title and print. Review the Law Summary
before beginning the process of completing the forms.
Date
______________________________
______________________________
______________________________
______________________________
Return Name and Address
______________________________
______________________________
______________________________
______________________________
(Name and address of Clerk of Court)
Re: [style of case]
Dear Sir or Madam:
Enclosed for filing is a Notice of Filing of Foreign Judgment and Request For
Filing of Foreign Judgment pursuant to the Illinois Uniform Enforcement of Foreign
Judgment's Act. A filing fee of $ __________ is also enclosed. Please return a filed copy
to me.
Please advise if you need anything further at this time.
With kindest regards, I am
Sincerely yours,
Type or Print Name
Enclosures
IN THE CIRCUIT COURT OF THE COUNTY, ILLINOIS
)
)
)
Plaintiff )
)
) NO.
Vs. )
)
)
Despondent )
)
AFFIDAVIT IN SUPPORT OF REQUEST
FOR FILING OF FOREIGN JUDGMENT
STATE OF __________________
COUNTY OF __________________
PERSONALLY CAME AND APPEARED BEFORE ME the undersigned
authority, the within named ______________________________ , Affiant, who states
upon his oath that he/she is ________________________ [PLAINTIFF OR ATTORNEY
FOR PLAINTIFF] , and further states, in accordance with the Illinois Uniform
Enforcement of Foreign Judgments Act, that the Social Security Number of the Judgment
Debtor is ________________________ [if known] and the last known address of the
Judgment Debtor ______________________________ is:
______________________________
______________________________
______________________________
City, State and Zip Code
The complete name and last known address of the Judgment Creditor (Plaintiff) is:
______________________________
______________________________
______________________________
City, State and Zip Code
Affiant further states that the Judgment is final, and remains unsatisfied, in [whole
or part], that the balance of the Judgment which remains unpaid is
$ ________________________ and that there is no contest of the judgment pending.
______________________________
Plaintiff or Attorney for Plaintiff
STATE OF ILLINOIS
COUNTY OF __________________
The foregoing instrument was acknowledged before me this ______ day of
__________________ , ______ by ______________________________ (name of person
acknowledged) .
Notary Public
My commission expires:
Type or Print Name
IN THE CIRCUIT COURT OF THE COUNTY, ILLINOIS
)
)
)
Plaintiff )
)
) NO.
Vs. )
)
)
Despondent )
)
REQUEST FOR FILING OF FOREIGN JUDGMENT
Pursuant to the Illinois Uniform Enforcement of Foreign Judgment's Act you are
hereby requested to file an Agreed Judgment entered on the ______ day of
____________ , ______ by the ________________________ Court of ____________
County, State of ____________ , Cause No. ____________ in favor of
________________________ against ________________________ in the amount of
$ ____________ , plus attorneys fees of $ ____________ . The judgment has been
authenticated according to acts of Congress and in accordance with the Act as indicated
by the attached Exhibit "A".
DATED this the ______ day of ____________ , 20 ______ .
__________________________________
[Name of Plaintiff or Attorney for Plaintiff]
CERTIFICATE OF SERVICE
This is to certify that I, ________________________ [Name of Plaintiff or
attorney for Plaintiff] , have forwarded this date a true and correct copy of the above and
foregoing document, by U.S. Mail, postage fully prepaid, to:
Mail, postage fully prepaid, to:
Name of Judgment Debtor/Defendant ____________________________________
Address ____________________________________
City, State, Zip ____________________________________
Name of Clerk ____________________________________
Address ____________________________________
City, State, Zip ____________________________________
This the ______ day of ____________ , 20 ______ .
_____________________________________
[Name of Plaintiff or Attorney for Plaintiff]
IN THE CIRCUIT COURT OF THE COUNTY, ILLINOIS
)
)
)
Plaintiff )
)
) NO.
Vs. )
)
)
Despondent )
)
NOTICE OF FILING
You are hereby notified that
Address City State
Plaintiff/Attorney’s for Plaintiff
Address City State
did this day file an authenticated copy of a certain Foreign Judgment in the above entitled
action, entered in the ____________ Court of ____________ , County, State of
____________ on the ______ day of __________________ , 20 ______ .
____________________________________
Date: __________________ __________________
Clerk of the Circuit Court
IN THE CIRCUIT COURT OF THE COUNTY, ILLINOIS
)
)
)
Plaintiff )
)
) NO.
Vs. )
)
)
Despondent )
)
NOTICE OF FILING OF FOREIGN JUDGMENT
Pursuant to the provisions of the Illinois Uniform Enforcement of Foreign
Judgment's Act, notice is hereby given that a Judgment entered on the ______ day of
____________ , 20 ______ by the ________________________ Court of ____________
County, ____________ , Case No. ____________ in favor of
________________________ and against ________________________ in the amount of
$ ____________ , plus attorneys fees in the amount of $ ____________ which was filed in
the __________________ Court of __________________ County, ____________ on the
______ day of ____________ , 20 ______ .
If this Judgment is not paid, execution of same may be commenced within 30
days of the date of filing.
DATED this the ______ day of ____________ , 20 ______ .
______________________________
Plaintiff or Attorney for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that I, ______________________________ [Name of Plaintiff
or attorney for Plaintiff] , have forwarded this date a true and correct copy of the above
and foregoing document, by U.S. Mail, postage fully prepaid, to:
Name of Judgment Debtor/Defendant ____________________________________
Address ____________________________________
City, State, Zip ____________________________________
Name of Clerk ____________________________________
Address ____________________________________
City, State, Zip ____________________________________
This the ______ day of ____________ , 20 ______ .
______________________________________
[Name of Plaintiff or Attorney for Plaintiff]
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