(a) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
12-636.Asserting and defending foreign-money claim.
Article XII. Judgments - Enforcement · Part 6. Foreign Judgments and Foreign-Money Claims · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceLets a claimant plead its claim in a chosen foreign currency, defaulting to U.S. dollars if it doesn't, while letting the opposing party contest that currency choice or raise defenses in a different currency altogether.
Full Text of 735 ILCS 5/12-636
(b) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(c) A person may assert a defense, set-off, recoupment, or counterclaim in any money without regard to the money of other claims.
(d) The determination of the proper money of the claim is a question of law.
Plain-English Summary
This section splits pleading control between the parties. A claimant who wants to press a claim in a specified foreign currency may do so; if the claimant doesn't specify one, the claim is treated as made in U.S. dollars by default.
The opposing party isn't stuck with the claimant's currency choice. Subsection (b) lets it argue the claim, in whole or part, belongs in a different currency, and subsection (c) lets it raise a defense, set-off, recoupment, or counterclaim in any currency it chooses, regardless of what currency the underlying claim uses.
Subsection (d) settles who decides these currency disputes: the proper money of the claim is a question of law for the court, not a fact question for a jury.
Frequently Asked Questions
What currency does a claim default to if none is specified?
United States dollars. A claimant must affirmatively assert a foreign-money claim to have it treated in that currency.
Can a defendant dispute the currency the claimant chose?
Yes. Subsection (b) lets an opposing party allege and prove that a claim belongs, in whole or in part, in a different money than the one asserted.
Can a defense be raised in a different currency than the claim itself?
Yes. Subsection (c) lets a party assert a defense, set-off, recoupment, or counterclaim in any money, regardless of the currency used for other claims in the case.
Is the currency of a claim decided by a judge or a jury?
By the judge. Subsection (d) makes the proper money of the claim a question of law.
Why does it matter who controls the initial currency designation?
Because the claimant's choice sets the starting point for the case, and the burden then shifts to the opposing party to prove a different currency should apply instead.
Amendment History
(Source: P.A. 86-1291.)
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: pleading a foreign currency claim Illinoisdefault to US dollars in a claimcurrency of a counterclaim Illinoisasserting foreign money claim in court