If you are the plaintiff and the Judge decides in your favor (the Court had found that the defendant owes you the money), the Judge’s decision in the case is called a JUDGMENT. If the Court has awarded a judgment in your favor, you should ask the defendant to pay you immediately. If the defendant is not present, you should inform the defendant that a judgment has been awarded and ask for payment.
If the defendant refuses to pay you the amount of the judgment, you must begin collection proceedings. Neither the Judge nor the Clerk may collect money for you. You are responsible for the preparation of all documens and the payment of all additional fees and charges.
A Memorandum and the Judgment may be filed with the Recorder of Deeds, creating a lien on any real estate the defendant owns.
Collection proceedings may be by WAGE DEDUCTION SUMMONS, if you know where the defendant is employed, or by NON-WAGE GARNISHMENT SUMMONS, if you know where the defendant has a bank account. The parties to whom you direct the Wage Deduction Summons or Non-Wage Garnishment Summons must file a sworn answer. After this is filed with the Circuit Clerk, you must appear in Court and the Court will then enter a judgment against the garnisher for the amount shown in the sworn return and sign a turn over order. A certified copy of this order should be sent to the garnishee for your money. You may use this step as often as necessary for the collection of the total judgment awarded plus the additional costs.
If you don’t know where the defendant works, has a bank account, or owns the property, you can have the Clerk issue a CITATION TO DISCOVER ASSETS. Both parties must appear at the citation hearing. The defendant is placed under oath and must answer questions by you concerning employment, locations of bank accounts, and other sources of income, as well as property, owned. The plaintiff must appear in Court or the Citation proceeding will be dismissed.
The Clerk of the court will provide you with the necessary forms for the collection of a Judgment. Additional costs of collection can be added to the amount recoverable from the defendant. If the defendant is true without assets, you may be wasting money.
After a Judgment has been collected, a form called a RELEASE AND SATISFACTION OF JUDGMENT should be prepared for filing with the Circuit Court Clerk.
A Judgment can be appealed by either party to the Fourth District Appellate Court in Springfield, Illinois.