A property lien may be utilized to collect a court judgment in Illinois. This is how it works.
In a civil court matter, a judgment is issued by the court after a judge or jury renders a verdict – or after a court-approved settlement. A typical judgment includes an order for money to be paid from one person to another. However, the individual who owes the money (the debtor) does not always pay it back. A judgment lien is one method of ensuring that the person who obtained the judgment (the creditor) receives what is due to him or her. A judgment lien grants the creditor the right to receive a set amount of money from the profits of the debtor’s property sale.
A judgment lien may be connected to the debtor’s real estate in every state, which includes a home, condo, land, or other kind of property interest. In addition, certain jurisdictions permit judgment liens on the debtor’s personal property, including as jewelry, art, antiques, and other valuables.
A judgment lien may only be connected to real estate in Illinois, not to personal property.
If the debtor’s property is in the same county as the judgment was entered, the creditor files the judgment with the county recorder to attach a lien. If the creditor discovers debtor property in another Illinois county, the creditor files a copy of the judgment with the Illinois circuit court clerk who has jurisdiction over the county where the property is discovered.
In Illinois, a judgment lien remains connected to the debtor’s property for seven years (even if the property changes ownership).
Keep in mind that in Illinois, a creditor’s ability to collect under a judgment lien is influenced by a number of factors, including a fixed amount of value that cannot be touched if the property is the debtor’s primary residence (known as a homestead exemption), other liens that may be in place, and any foreclosure or bankruptcy proceedings. If matters get problematic, you should consult with an expert Illinois bankruptcy and debt attorney to assist you in resolving any lien concerns.
If you want to go straight to the source and seek out Illinois laws on judgment liens – maybe you’re a party to a judgment or simply looking for possible encumbrances on property – the applicable statute(s) can be found in 735 Ill. Comp. Stat. Sections 5/12-101, 105, 106, 108.