Part 6.00 Post-Judgment Proceedings
Notices of hearings on Citations to Discover Assets, Rules to Show Cause and any other hearing where a body attachment or warrant of arrest may issue for a party’s failure to appear after receipt of Notice shall contain the time, date and place of hearing, and shall conform to the Code of Civil Procedure and Supreme Court Rules.
A. Post-trial motions brought pursuant to 735 ILCS 5/2-1202 or 735 ILCS 5/2-1203 shall be heard by the Judge who heard the trial, unless such Judge is no longer serving by reason of retirement, death, illness or any other reason preventing his hearing such matters within a reasonable time. In such event the Chief Judge shall assign such matters to another Judge for determination.
B. Certified copies of Judgment Orders shall be obtained from the Office of the Clerk of the Circuit Court.
C. All supplemental proceedings to enforce money judgments shall be filed under the original case number, if filed in the county of origin, and shall be heard by the Judge then presiding in the Small Claims Court of the Nineteenth Judicial Circuit, unless otherwise designated by Order of the Chief Judge.
D. Supplemental proceedings brought by the Child Support Enforcement Division of the State’s Attorney’s Office, or the Attorney General in its stead, shall be heard by the Judge then assigned to hear support cases.
Back to the Top
A. The Clerk shall, upon request, issue a Citation to Discover Assets for service upon a Judgment Debtor and in the form set forth in the Code of Civil Procedure and Supreme Court Rules.
B. A Citation to Discover Assets shall be served in conformity with the Code of Civil Procedure and the Supreme Court Rules.
C. Upon Respondent’s failure to appear in response to a properly served Citation to Discover Assets, a Rule to Show Cause may issue pursuant to LCR 4-6.04.
A. Upon the failure of a Respondent to comply with a duly entered Order of the Court or failure to appear in response to a Citation to Discover Assets pursuant to LCR 4-6.03(C) and upon the filing of a Verified Petition or after hearing sworn testimony on an unverified Petition, due Notice having been given to the Respondent, the Court may issue a Rule to Show Cause, which includes the date, time and location for hearing.
B. If the Respondent appears pursuant to Notice on the Petition and the Court issues a Rule to Show Cause, the Court may direct that the Respondent then and there be served with the Rule to Show Cause. If not then heard, the Court shall schedule a date, time and place for hearing, further advising the Respondent that failure to appear for such hearing may result in the issuance of a body attachment for his arrest.
Upon the failure of the Respondent to appear pursuant to personal or abode service of a Rule to Show Cause, the Court in its discretion may issue an Order of Body Attachment, with or without bond, directing the Sheriff to arrest and have the Respondent brought forthwith before the Judge issuing the Order to Show Cause why he should not be held in contempt of Court.
The copy of a Rule to Show Cause or Order served upon any person and the return of service of same shall be accompanied by the certificate of the attorney for the party obtaining the Rule to Show Cause or Order that it is a true and correct copy of the Rule or Order entered.
Back to the Top
A money judgment may be satisfied upon written Motion of the Judgment Debtor supported by affidavit stating the following:
A. That the full amount of the Judgment, including accrued interest and costs has been paid; or
B. That the debtor is ready, willing and able to tender the full amount of the Judgment or balance due thereon; that after the exercise of due diligence the Judgment Creditor and his attorney cannot be found for the purpose of tender in satisfaction of the judgment, or that the Judgment Creditor or his attorney fails or refuses to accept payment or deliver a satisfaction of judgment upon tender of the amount due; and
C. That Notice of the Motion and affidavit have been sent by mail to the Judgment Creditor and his attorney of record at their last known addresses.
If the Court is satisfied that the Judgment Debtor has satisfied the outstanding judgment in its entirety, it may grant the Motion and enter an Order in satisfaction of judgment.
If the Judgment Creditor is unavailable to receive tender or refuses to do so and the Court grants the Motion pursuant to LCR 4-6.07, the Court shall enter an Order directing the Clerk of the Circuit Court to receive the outstanding balance due on the Judgment, including accrued interest and costs on behalf of the Judgment Creditor. After receipt of payment, the Court shall enter an Order satisfying the judgment and showing the amount deposited with the Clerk who shall hold the money subject to further Order of Court.
At the time that any request is made to the Clerk of the Circuit Court for Certification or Authentication of an Appeal Record, pursuant to 705 ILCS 105/27.1a(k), a deposit of not less than fifty dollars shall be paid to the Clerk’s Office to be applied against the total fees, delivery charges and costs authorized by the above statute. The balance of the statutorily prescribed fee and delivery costs, or the balance of the Clerk’s estimate of said fee and costs, shall be paid prior to the Clerk’s transmission or delivery of the record on appeal pursuant to Supreme Court Rule 325.
Back to the Top