Is a motion required for a consent order?

[Thepick]

To make a year and a half long story short, my brother and I were sued by our other two siblings to fast forward the sale of our family farm in Illinois last year. Finally, I sold it to a friend in May and we closed this past Friday. However, the night before at 5pm, my siblings filed a consent order asking for more than their 25%. After taking the weekend to decide we are done and no longer want to argue over a couple thousand dollars, we agreed. Their attorney is now saying the consent order requires a motion, which means more $ and time, but everything I can find online says motions are not required and that if we all agree, the judge just needs to sign it to enforce it so the title company has specific instructions to pay out the proceeds from the sale that is now sitting in escrow. Is this true, or should it be "as easy" as submitting the order to the judge to make it binding and then we are finished?

 

[AlmostThere]

What is their reasoning for wanting more than 25%?
Was the family farm sold at market value?

 

[zddoodah]

As my questions below will indicate, you need to provide context.

the sale of our family farm

I sold it to a friend in May and we closed this past Friday.

You sold it...on your own? So...you were the only owner of record? If so, how does this relate to your three siblings? Was the sale to your friend at far market value?

However, the night before at 5pm, my siblings filed a consent order asking for more than their 25%.

No they didn't. Only the court can file an order. Did you mean they filed a motion seeking an order (it wouldn't be a "consent order" unless all parties agreed)? If the property was solely in your name, why are any of your siblings entitled to anything?

After taking the weekend to decide we are done and no longer want to argue over a couple thousand dollars, we agreed.

I assume "we" refers to you and your brother who are the defendants. Correct?

Their attorney is now saying the consent order requires a motion

What does your attorney say about this?

everything I can find online says motions are not required and that if we all agree, the judge just needs to sign it to enforce it so the title company has specific instructions to pay out the proceeds from the sale that is now sitting in escrow. Is this true, or should it be "as easy" as submitting the order to the judge to make it binding and then we are finished?

Depends on the rules of civil procedure and on any local rules or "local local rules" (i.e., rules promulgated by the judge handling the case). AFAIK, no attorneys from Illinois follow these boards.

 

[adjusterjack]

everything I can find online says motions are not required

Any time you post something that relies on what you found "online" you need to provide a link to it so the experts can tell you if its correct or whether you are interpreting it correctly.

My guess is that the attorney is correct. Likely the fastest way to get this done is to file a joint motion, everybody sign it, and attach the order prepared for the judges signature.

 

[LdiJ]

I think that you need to give us the long story. I can think of several scenarios where the judge wouldn't be needed at all.

 

[Zigner]

I think that you need to give us the long story. I can think of several scenarios where the judge wouldn't be needed at all.

But an attorney familiar with the case begs to differ.

 

[LdiJ]

But an attorney familiar with the case begs to differ.

The attorney for the opposing side begs to differ. Are you suggesting that the OP should rely on the word of the attorney for the opposing side?

Example:

If the estate sold the property and the OP sold it in his capacity as the executor of the estate, then the closing company would not need any judge's order to issue the check(s) because the check would be issue to the estate. If the estate then distributed the estate funds in a slightly different manner than an even 25% per, no judge's order would be required. It might be preferable to the attorney for the opposing side, but it wouldn't be required. I signed agreement would be wise, but a judge's order would not be required.

That is just one example. However, since we don't know any details of the situation at all, any advice that we give is speculative at best.

 

[adjusterjack]

I "speculate" that the dispute did not concern a paltry amount, that there is hostility and distrust between the two sides, and the other side wants the court order so that the agreement is written in stone.

 

[Zigner]

The attorney for the opposing side begs to differ. Are you suggesting that the OP should rely on the word of the attorney for the opposing side?

Of course not, but that attorney is in a much better position than us to make such a determination.

Example:

If the estate sold the property and the OP sold it in his capacity as the executor of the estate, then the closing company would not need any judge's order to issue the check(s) because the check would be issue to the estate. If the estate then distributed the estate funds in a slightly different manner than an even 25% per, no judge's order would be required. It might be preferable to the attorney for the opposing side, but it wouldn't be required. I signed agreement would be wise, but a judge's order would not be required.

That is just one example. However, since we don't know any details of the situation at all, any advice that we give is speculative at best.

The fact that it's in litigation leads me to believe that a judge is already involved, thus making your example moot.

 

[LdiJ]

Of course not, but that attorney is in a much better position than us to make such a determination.


The fact that it's in litigation leads me to believe that a judge is already involved, thus making your example moot.

Again though, we have no details at all. Therefore we don't know what is actually going on. The OP said that they filed a "consent order" which of course isn't even possible unless it was signed off on by all of the parties before it was filed.

 

[Zigner]

I agree that we don't have much information at all.