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Collecting a Judgment in Illinois

·

By

ACL

The short answer

Winning a judgment does not guarantee payment. Illinois gives judgment creditors tools to collect, including citations to discover assets, wage and bank garnishment, and liens on real estate. Most judgments accrue interest at 9 percent per year.

Why it matters

Collection can be the hardest part of the case. A collectible judgment is worth far more than a large one against a party with no reachable assets.

Where it fits in your case

After the judgment becomes enforceable, and sometimes in planning well before trial.

What to expect

  • Citations to discover assets. A citation requires the debtor, or a third party such as a bank, to disclose assets and can freeze them.

  • Garnishment. Wages and nonwage assets such as bank accounts can be garnished, subject to exemptions.

  • Real estate liens. Recording a memorandum of judgment creates a lien on the debtor’s real estate in that county.

  • Interest. Illinois judgments generally accrue 9 percent annual interest, with a lower rate against public entities.

  • Duration. Judgments can be enforced for years and, in some cases, revived.

What to do now

  • Investigate the debtor’s assets and insurance early.

  • Record the judgment where the debtor owns property.

  • Serve citations on the debtor and likely asset holders.

  • Consider whether insurance or third parties may be responsible for the judgment.

What we need from you

The judgment, information about the debtor’s assets, banks, employers, and property, and any insurance.

Common misconceptions

  • “The court will collect the money for us.” Collection is up to the judgment creditor.

  • “An insolvent defendant means no recovery.” Its insurance may still respond.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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