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? for Chicago area - domesticate a judgement from Ohio

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LindaP777

Senior Member
What is the name of your state? ? OHIO, but question also pertains to property in Illinois

I had a tenant who lived in Chicago (owns a house) and was here in Cincinnati for temporary work. It was going along great, until his wife in Chicago, found out about his girlfriend, here in Ohio. Wife gave tenant ultimatum ("Get back to Chicago now, or we're done!"). Tenant left immediately, bailing on lease with no notice ("I'm out!") moving back to his house in Illinois. I sued him in small claims court and won the judgment, maximum in Ohio is $3000.
Now for my questions;
How do I get the courts in Illinois to domesticate a judgement from Ohio? (Is this something I can file myself?)
How can I place a lien on this guys house in Chicago?
If prefer to do this (filing & lien) myself through the mail, if possible.
If I need a lawyer for this kind of work, are there any forumites who an recomend a good one in Chicago-land? (Yes, I know I can click on "find a lawyer" in the upper right hand corner but prefer a personal recommendation if possible. If you prefer to send a PM, feel free.)
THANKS!
 


dcatz

Senior Member
How do I get the courts in Illinois to domesticate a judgement from Ohio? (Is this something I can file myself?)

You can do it yourself, if you’re willing to do some homework. Domestication of a judgment and encumbering real property based on a judgment lien are basically a matter of filing the right paperwork in the right way. But forms and manner differ by state, and working out what is “right” is either your job or local retained counsel.

Your authority is 735 ILCS 5/12-650 et seq. – the Uniform Enforcement of Foreign Judgment Act. You’ll want to file the right paperwork in the county court where the defendant resides and the property is located. Then, you’ll want to serve the defendant with the paperwork, which is much like a Summons. IL will record your judgment at time of filing, and the paperwork will tell the defendant that he has X days to defend against recordation or it will become final and become an IL judgment. He can defend on procedural grounds but not on the merits of the original claim.

Depending on IL requirements, you’ll have to include either a certified or an exemplified copy of you OH judgment with the filing. Perhaps a good way to start is to determine the proper IL court. Send a blank check to the court “not to exceed $10.00” with a SASE and a request to purchase “a copy of the forms and any instructions to domesticate a sister-state judgment and record a real property lien”. There will only be a couple of pages, and you’ll see what you’re up against.

If you go forward, locate an IL attorney service. Send it your filing and filing fee with instructions to file with the court and serve the defendant. Have the papers served and wait the requisite time. If there is no response, you’ll have your judgment. Then record it as a lien. There will be a form, a fee and a procedure for that as well.

If you want to do more, you can probably initiate enforcement yourself. I don’t have a recommendation for a collection attorney, but Googling the term+Illinois should give you more options than you require. This is also a very useful site.
http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_Content&contentID=299#post
 

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