The term "lien or claim for lien in favor of the People of the State of Illinois," as used in Part 4 of Article XII of this Act, means and includes a lien or claim for lien in which the State of Illinois is a real party in interest, and not a lien or claim for lien in the name of the People of the State of Illinois as nominal plaintiff for the sole use or benefit of others.
12-404.Does not include where State is nominal party.
Article XII. Judgments - Enforcement · Part 4. Redemption by State · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDefines a state lien for Part 4 purposes as one where the State is the real party in interest, not one held nominally in the People's name for someone else's benefit.
Full Text of 735 ILCS 5/12-404
Plain-English Summary
Section 12-404 defines a phrase used throughout Part 4: "lien or claim for lien in favor of the People of the State of Illinois." The definition draws a line between two kinds of liens that both carry the State's name.
A lien counts under Part 4 only when the State of Illinois is a real party in interest. It does not count when the lien is held in the name of the People of the State of Illinois merely as a nominal plaintiff, acting for the sole use or benefit of some other party. That distinction keeps Part 4's redemption rules tied to liens where the State itself has the stake, rather than liens where the People's name is used as a vehicle for someone else's claim.
Frequently Asked Questions
What phrase does Section 12-404 define?
It defines "lien or claim for lien in favor of the People of the State of Illinois," as that phrase is used in Part 4 of Article XII.
What makes the State a real party in interest under this definition?
The section states the definition includes a lien in which the State of Illinois is a real party in interest, without listing further criteria beyond that.
What kind of lien does this definition exclude?
It excludes a lien or claim for lien held in the name of the People of the State of Illinois as nominal plaintiff for the sole use or benefit of others.
Why does the distinction between real and nominal party matter here?
Part 4's redemption-by-state rules, including the 12-month deadline in Section 12-401, apply only to liens that fit this definition, so the distinction determines whether those rules are in play at all.
Does this section change any procedural deadlines in Part 4?
No. It supplies a definition; the deadlines and procedures themselves appear in Sections 12-401 and 12-403.
Amendment History
(Source: P.A. 83-707.)
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
Also known as: illinois people of the state of illinois lien definedreal party in interest state lien illinoisnominal plaintiff state lien illinoisdefinition of state lien redemption illinois