Part 6 - Judgments and Orders

    (a) Service upon parties - Except as provided herein, a service of a rule or order upon a party shall be made in the manner and upon the persons described in Supreme Court Rule 105(b).

    (b) Attachment without service - When the court record will not support an order for body attachment without service of a rule to show cause, upon a motion supported by affidavit stating facts showing that a party to the action:

    (i) will not respond to a rule or order; or

    (ii) threatens to leave the jurisdiction of the court or conceals himself to elude or to avoid the process of the court and to make the enforcement of the judgment or order impossible, the court may order the attachment of the party without service of the rule or order, and the attached party shall be heard when brought before the court.

    (c) In all actions seeking to enforce a judgment no process shall issue for the arrest and imprisonment of the judgment debtor without a hearing first had upon notice to said debtor. Notice shall be made in the manner described in Supreme Court Rule 105(b).

    (d) Service upon persons not parties - Service of a rule or order upon a person not a party to the action shall be made in like manner as service of summons, by any person over 18 years of age not a party to the action. No attachment against a person not a party to the action shall issue without prior service of the rule or order.

    (e) Orders declaring Real Estate Tax Sales in error - A copy of all orders declaring real estate tax sales to be sales in error and vacating said tax sale shall be delivered by the Clerk of the Circuit Court to the County Treasurer and also to the County Clerk for posting in the real estate tax records maintained by the County Clerk.

    (f) Wage Deductions - Pursuant to 735 ILCS 5/12-801, et seq., and 735 ILCS 5/12-705, the Affidavit for Wage Deduction Order and the Garnishment Summons shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

    (g) Garnishment (Non-Wage) - Pursuant to 735 ILCS 5/12-701 and 735 ILCS 5/12-705, the Affidavit for Garnishment and Interrogatories (Non-Wage) and the Garnishment Summons (Non-Wage) shall be in forms as provided by the Clerk of the Circuit Court, or forms substantially similar thereto, and filed with the appropriate Office of the Clerk of the Court. The forms shall correspond to the division of the Court in which the action is filed.

    [Amended January 31, 1994, effective February 15, 1994.]

    (a) Motion to satisfy - A money judgment may be satisfied by the court upon written motion of the debtor supported by affidavit stating:

    (i) the amount, stating the judgment balance, the accrued interest, and costs;

    (ii) that after the exercise of due diligence the judgment creditor and his attorney cannot be found or that the judgment creditor or his attorney fails or refuses to deliver a satisfaction of judgment upon being tendered the amount due; and

    (iii) that notice of the motion has been sent by mail to the judgment creditor and his attorney at their last known addresses.

    (b) Order of satisfaction - Upon granting the motion, the court shall enter an order directing the clerk to receive the amount of the judgment with accrued interest and costs for the judgment creditor. After payment, the court shall enter an order satisfying the judgment and showing the amount deposited with the clerk.

    [Amended October 31, 1977, effective November 1, 1977.]

    In preparing and certifying the record on appeal, the Clerk shall not include the originals of wills, bonds and written orders in the trial court records, but copies thereof shall be used.

    [Adopted May 17, 1976, effective July 1, 1976.]

    The procedure to be followed in cases involving claims of minors or disabled persons pending in divisions other than the Probate Division shall be as follows:

    (a) The judge hearing the case, upon the approval of a settlement as fair and reasonable or upon the entry of a judgment, shall adjudicate liens, determine the expenses, including attorneys' compensation, to be deducted from the settlement or judgment and shall determine the net amount distributable to the minor or disabled person.

    (b) Except as otherwise limited by rule or statute, attorneys' compensation shall not exceed one-third of the recovery if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation to be paid to the attorney shall not in any event exceed one half of the recovery.

    (c) The order approving the settlement or the order entering the judgment shall provide that the amount distributable to the minor or disabled person shall be paid only to a representative of the minor or disabled person appointed by the Probate Division and upon presentation of an order entered in the Probate Division approving the bond or other security required in connection therewith, except that if the amount distributable to the minor or disabled person does not exceed $10,000, and no representative has been appointed in the Probate Division, the judge hearing the case may by order provide for the distribution to a parent or person standing in loco parentis to the minor or to the spouse or relative having the responsibility of the support of the disabled person in accordance with the provisions of 755 ILCS 5/25-2.

    (d) The distributable amount received by a representative of a minor or disabled person pursuant to the provisions of this section shall be accounted for and administered in the Probate Division as in any other estate of a minor or disabled person.

    [Amended December 21, 2000, effective January 2, 2001.]

     

    (1.) The procedure to be followed in cases involving actions for wrongful death or for personal injury brought by a representative on behalf of a decedent's estate shall be as follows:

    (a) The judge hearing the case, upon the approval of a settlement as fair and reasonable or upon the entry of a judgment, shall adjudicate liens, determine the expenses, including attorneys' compensation, to be deducted from the settlement or judgment and shall determine the net amount distributable to each person entitled thereto pursuant to the provisions of the Wrongful Death Act or the Probate Act.

    (b) In actions filed pursuant to the Wrongful Death Act brought by a personal representative appointed by the Probate Division, the distributable amount, based on dependency, shall be accounted for and administered in the Probate Division.

    (c) In actions which survive the plaintiff's death, the order approving the settlement or the order entering the judgment shall provide that the amount distributable is an asset of the decedent's estate and shall be distributed through the Probate Division pursuant to the provisions of the Probate Act.

    (d) Except as otherwise limited by rule or statute, attorneys' compensation shall not exceed one-third of the recovery if the case is disposed of in the trial court by settlement or trial. If an appeal is perfected, the compensation to be paid to the attorney shall not in any event exceed one half of the recovery.

    (e) The order approving the settlement or the order entering the judgment shall provide that the amount distributable to the representative appointed by the Probate Division as an asset of the decedent's estate or for distribution under the Wrongful Death Act shall be paid only upon the presentation of an order entered in the Probate Division authorizing the representative to receive the distributable amount and approving the bond or other security required in the connection therewith.

    (f) Upon the entry of the order approving the settlement or entering the judgment, the representative shall file a petition in the Probate Division requesting the entry of an order authorizing the representative to accept the distributable amount and fixing and approving the bond or other security required pursuant to the settlement or judgment. A copy of the order of the judge hearing the case shall be attached to the petition.

    (2.) In actions filed pursuant to the Wrongful Death Act brought by a special administrator appointed in the division where the action is pending, the order entering judgment or approving the settlement shall provide that the amount recovered in any such action shall be distributed by the court in which the cause is heard to each of the surviving spouse and next of kin of such deceased person in the proportion, as determined by the court, that the percentage of dependency of each such person upon the deceased person bears to the sum of the percentages of dependency of all such persons upon the deceased person, or as otherwise directed by the Wrongful Death Act, 740 ILCS 180/0.01 et seq., except that if proceeds in excess of $10,000 are distributable to a minor or person under legal disability, the distribution shall be administered and distributed under the supervision of the Probate Division. The order shall also address the fees and the expenses to the special administrator and his or her attorney and the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

    (3.) In actions filed pursuant to 735 ILCS 5/13-209 brought by a special representative appointed in the division where the action is pending for the deceased for the purpose of prosecuting such survival action, the order entering judgment or approving the settlement shall provide that the amount recovered in any such action shall be distributed by the court in which the cause is heard to the heirs or legatees as the law may provide, except that if proceeds in excess of $10,000 are distributable to a minor or person under legal disability, the distribution shall be administered and distributed under the supervision of the Probate Division. The order shall also address the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

    (4.) When the gross value of the decedent's entire personal estate, including the proceeds of the cause of action, does not exceed $100,000, a small estate affidavit may be presented and the order approving the settlement or the order entering the judgment shall provide for distribution pursuant to the affidavit. The order shall also address the entry of a bond and the presentation of vouchers that evidence that the distribution was properly made consistent with the court's order of distribution.

    [Amended, effective September 29, 2011.]

    Whenever a Release or Satisfaction of Judgment is filed pursuant to Ill. Rev. Stat., Ch. 110, par. 50.2 [735 ILCS 5/12-101(38)], it shall be the duty of the judgment debtor or his attorney to move the court to vacate said judgment and dismiss the cause of action.

    [Adopted September 24, 1980, effective October 15, 1980.]