Morton, IL asked in Small Claims and Collections for Illinois

Q: My father won a small claims court case in 1/2016 and the current judge is not enforcing the defendants payment plan.

The defendant was ordered to pay monthly and has come up with every excuse imaginable and now is 130 days late. The Judge will not enforce the order that clearly states that if a payment is missed, the defendant will be placed in jail and his bond will be the balance owed to my father. How can we get our current judge to enforce the order that was issued by another previous judge.

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1 Lawyer Answer
Mazyar M. Hedayat
Mazyar M. Hedayat
  • Romeoville, IL
  • Licensed in Illinois

A: There are a number of reasons why you may wish to change judges in a case: of right, and for cause. The meaning of these terms is outlined in the Illinois Compiled Statutes, 735 ILCS 5/2-1001.

Substitution as of Right: The most frequently used Motion for Substitution of Judge (SoJ) is that nothing substantive has been ruled on and there would be no prejudice to the opposing party if a new Judge were assigned to the case.

Substitution for Cause: The other primary reason to change Judges will be based on the Judge's failure to carry out a duty - such as enforcing his or her own Order.

In either case, the tricky part of the process is that the very Judge you are seeking to replace must rule on your Motion for SoJ. I hope this information has been helpful. Best of luck!

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