Illinois Judgment: Types, Records, Duration, and What to Expect

In Illinois, a judgment is a decree or ruling from a court that resolves a dispute in a case. It aims to establish the rights and obligations of all parties involved in a trial or hearings. These decrees may arise from offenses that lead to civil lawsuits, debt collection, property disputes, family court matters, or criminal restitution.

What Is a Judgment in Illinois?

In Illinois, as highlighted in the Code of Civil Procedure, judgment is the final decision of a court in a lawsuit. It orders a party to pay money or transfer property to the other side, as well as refrain from certain actions. The judgment must be recorded in the county where the debtor owns property. The judgments become effective and legally binding on all parties involved in the case.

If the debtor is not willing to pay their debts, the creditor may enforce the judgment through garnishments, liens, or levies. These judgments have significant implications for debtors, which may include financial difficulties or loss of property rights until they are either satisfied or expire.

Types of Judgments in Illinois

In Illinois, judges are responsible for issuing various types of judgments depending on the case. Common ones include:

Money Judgments

This is a type of judgment that orders a debtor to pay a creditor a specific sum of money.

Default Judgments

A default judgment occurs when a defendant has been served with a complaint and summons and fails to answer or misses a court hearing. A default judgment may occur in civil cases where the defendant ceases to participate in the court process. The plaintiff wins, and the court grants a judgment in their favour.

Property or Lien Judgments

The court may impose a judgment lien on the property of a debtor when they are unable to pay their creditors. In Illinois, liens are recorded with the county recorder’s office and attach to the real estate of the debtor. This prevents the sale or refinancing of the property until the judgment is fulfilled or satisfied in full.

Family Court Judgments

Family court judgments may result from trials or court hearings involving family-law matters, such as child support, custody, or alimony. These judgments are strictly enforced, and every party must comply with the terms and conditions in the judgment. Failure to uphold the judgment may lead to contempt or liens on property, underscoring the serious nature of these matters.

Criminal Restitution Judgments

In criminal cases, Illinois courts may order offenders to pay restitution judgments to compensate the victims for their losses. This compensation is meant to cover financial damages suffered by the victim because of the criminal offense.

How to Search for Judgments in Illinois

Illinois judgment records typically include the case number, court locations, judgment date, and names of the parties involved in the case. Illinois judgments are part of the public record in the state, and there are several ways to search for them. These include:

• Circuit Clerk’s Offices – Individuals may view or request non-certified or certified copies of court records, including judgments, from the county’s Circuit Clerk.
• Illinois e-Access Systems – This portal allows the public to search for case information and documents in all the counties in the state.
• Judici.com – A widely used online portal that provides access to court records in most Illinois counties, including judgment details.
• Third-Party Services – Record seekers may pay some providers to view a list of judgment records compiled statewide, though official sources are the most accurate.

Judgment Records in Major Illinois Counties

While there are different ways to access judgment records in the counties, some major counties provide robust online systems, such as:

• Chicago (Cook County): Cook County Circuit Court maintains one of the largest court systems in the U.S. The Cook County Clerk of the Circuit Court provides online case information that allows individuals to search for judgment records. Alternatively, they may visit the clerk’s office to request court records.
• Aurora (Kane County): Kane County judgments are available at the Judici.com portal or at the local Circuit Clerk’s portal.
• Springfield (Sangamon County): Individuals may also view Sangamon County judgments in Judici.com, Records Lookup, or in person at the Circuit Clerk’s Office.

How Long Does a Judgment Last in Illinois?

In Illinois, a judgment is valid as long as it does not exceed 7 years from the date of entry. However, creditors may revive or renew the judgment before it expires and enforce it for an additional 20 years.

During the enforceable period, creditors may retrieve their funds through garnishments, liens, or levies. For debtors, failing to resolve a judgment may result in adverse effects like financial difficulties.

What Happens After a Judgment Is Entered in Illinois?

Once a judgment is entered in the county where the debtor has their property, the creditors gain the right to enforce the judgment. The debtor must comply with the judgment, or else they may be charged with court contempt.

For Creditors:

• Wage Garnishment: Creditors may obtain a court order that empowers an employer to withhold part of the debtor’s paycheck until their debts are fully paid.
• Judgment Liens: A lien may be recorded against the debtor’s property in the county where the property is located. This method ensures the property is not transferred to another owner until the lien is satisfied.
• Bank Levies: With court approval, the bank may freeze a debtor’s assets or transfer funds from a debtor’s account to cover the judgment.

For Debtors:

• Credit Reporting: Judgments may appear on credit reports, lowering credit scores and limiting access to borrowing opportunities in the future.
• Satisfaction of Judgment: Once the creditor has recovered their funds, they must file a Satisfaction of Judgment with the court. This certifies that the debts have been fully paid.
• Appeals or Motions to Vacate: A debtor has the right to appeal or request the court to vacate a judgment if they believe it is biased and unfair towards them.