Legal Question in Credit and Debt Law in Illinois

online applications on collecting an out-of-state judgement. I live in IL. the debtor lives in MN i won a judgement against the debtor and he still has not paid.


Asked on 6/22/10, 10:12 am

1 Answer from Attorneys

If you won the judgment in IL and the debtor has no local (Illinois) assets that you can execute against, you would need to register the Illinois judgment in the other state (there's usually some kind of an abbreviated court procedure that may require notice/summons), and then you go to "supplemental proceedings" which can include things like garnishments or whatever the other state allows. If you won the judgment in the other state, you do essentially the same thing but do not have to register the judgment first Collection proceedings usually include what we call a citation to discover assets ("CDA") where you can summon the judgment debtor in to examine his/her assets, things like that, or garnish wages....Doesn't mean they'll show up. One thing that helps is if you are able to then record a judgment because if you follow the applicable state law, you can wind up with a "judgment lien" that will really screw up the debtor's credit and if they want to buy anything on credit may be unable to do -- without at least getting you paid off.

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Answered on 6/22/10, 1:51 pm


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