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Fill and Sign the Il Foreign Judgment Form

Fill and Sign the Il Foreign Judgment Form

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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. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal efect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. In order to use the form fields properly, it is necessary to “lock or protect” the document. If you wish to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form. This is done by clicking on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks . It is very important to understand that, once the document is unprotected, any data entered in the form fields will be lost when the document is again protected. If changes are necessary, unlock the document, using the password “uslf” if necessary, and make any changes that you feel are required. Then protect the document once again. After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. Inserting date will result in the default line disappearing. You will have sufficient space to enter any required information. 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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