Decatur, IL asked in Contracts, Civil Litigation and Collections for Illinois

Q: If I won monetary judgement and know that the other party will not pay, what is the next step?

I won my case for selling a car with a vehicle sales agreement. The other party did not show. I see lots of things on the docket that I am not sure about. Due Date , satisfied, 851- Judgement, what do these headings mean?

2 Lawyer Answers
Bryan R. Bagdady
Bryan R. Bagdady
Answered
  • Collections Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: You should reference 735 ILCS 5/2-1401 for post judgment proceedings. Make sure that your order is final and appealable, meaning that it resolves all claims brought against all parties in the action. Assuming that to be the case, you will likely want to file a citation to discover assets, a garnishment, or a non-wage garnishment. How you proceed depends upon where the judgment debtor is located and what you know or don't know about assets. Start by reading the statute. If the judgment debtor owns real estate, then you may want to file the judgment against the real property. Judgments accrue interest at the rate of 9% per annum from and after the date of the judgment, but they don't collect themselves.

Bryan R. Bagdady
Bryan R. Bagdady
Answered
  • Collections Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: The exact section you want to look at is 735 ILCS 5/2-1402 - Supplementary Proceedings.

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