If a statute or case requires or permits a judgment creditor to use the remedy of a charging order, said remedy may be brought and obtained by serving any of the various enforcement procedures set forth within this Article XII or by serving a citation pursuant to Section 2-1402. If the court does not otherwise have jurisdiction of the parties, the law relating to the type of enforcement served shall be used to determine issues ancillary to the entry of a charging order such as jurisdiction, liens, and priority of liens.
12-112.5.Charging orders.
Article XII. Judgments - Enforcement · Part 1. In General · Last amended 2012 · Last verified July 20, 2026
In one sentenceWhen a statute or case entitles a judgment creditor to a charging order, the creditor can obtain it through any enforcement procedure available under Article XII or by serving a citation under Section 2-1402.
Full Text of 735 ILCS 5/12-112.5
Plain-English Summary
This section supplies the mechanism for obtaining a charging order once some other statute or case law makes that remedy available or required. Rather than creating a freestanding procedure, it lets the creditor reach the charging order by serving any of the enforcement procedures found elsewhere in Article XII, or by serving a citation under Section 2-1402.
If the court doesn't already have jurisdiction over the parties independent of the enforcement step being used, the law governing that particular enforcement procedure supplies the answer to ancillary questions, including jurisdiction, liens, and the priority of liens.
Frequently Asked Questions
How does a judgment creditor obtain a charging order in Illinois?
By serving one of the enforcement procedures set out in Article XII, or by serving a citation under Section 2-1402.
What determines jurisdiction and lien priority questions tied to a charging order?
If the court doesn't otherwise have jurisdiction of the parties, the law governing whichever enforcement procedure was served supplies those answers.
When is a charging order available as a remedy?
When a statute or case requires or permits the judgment creditor to use it.
Can a creditor use a citation under Section 2-1402 to get a charging order?
Yes, the section names service of a citation under 2-1402 as one of the ways to obtain the order.
Does this section create a new type of enforcement remedy?
No, it explains how to obtain a charging order using the enforcement procedures that already exist elsewhere in Article XII.
Amendment History
(Source: P.A. 97-350, eff. 1-1-12.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
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