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(8) Summary
of Argument
(Citations Case - Callahan, Danloe J., Paschen, Rinella Schornack, B.,
Schornack, J.)
Illinois has
adopted the Uniform Enforcement of Foreign Judgments Act, which provides
a procedure for enforcement of judgments of sister states, which are automatically
entitled to full faith and credit under the United States Constitution.
It has also adopted the Uniform Foreign Money Judgments Recognition Act,
which sets out the substantive bases on which a judgment rendered in a
foreign country may or may not be recognized in Illinois, and also provides
that if such judgments are entitled to recognition, they may be enforced
in the same manner as judgments are enforced under the Enforcement Act.
The Recognition Act does not state what procedure is to be employed to
give effect to its provisions. The only sensible way to construe the Recognition
Act is as requiring that judgment creditors seeking recognition must file
an action seeking recognition first, before becoming entitled to employ
the procedures provided in the Enforcement Act. Such a construction comports
with other provisions of Illinois law, the wording of the Recognition
Act and the intent of the drafters. To read the Recognition Act, as the
district court did, as enabling a judgment creditor to proceed immediately
to enforcement upon filing a copy of the judgment with the court, as is
permitted with sister state judgments, would be to render the Recognition
Act meaningless, as enforcement could always precede recognition. Such
a reading would erase the difference between judgments of sister states,
which need not be subjected to the tests of the Recognition Act, and judgments
of foreign countries, which must be so tested.
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