The right of a judgment creditor to bring an action to enforce his judgment instead of proceeding under this Act remains unimpaired.
12-656.Optional Procedure.
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 sentenceConfirms that a judgment creditor may still sue on a sister-state or federal judgment the traditional way instead of registering it under this Act, so the newer filing procedure adds an option rather than replacing the old one.
Full Text of 735 ILCS 5/12-656
Plain-English Summary
This Act's registration procedure is an addition to, not a replacement for, the older route of filing a new lawsuit on a foreign judgment. This section says so directly: the right to bring such an action remains unimpaired.
A creditor might prefer that older route for reasons the Act doesn't address — differences in venue, procedural timing, or how a particular county's clerk handles registrations. Whatever the reason, this section keeps that choice available.
Frequently Asked Questions
Is registering a judgment under this Act the only way to enforce a sister-state or federal judgment in Illinois?
No. This section preserves the judgment creditor's right to instead file a new lawsuit to enforce the judgment.
Why would a creditor choose to file a new lawsuit instead of registering under the Act?
The Act doesn't say; the choice is left entirely to the creditor, whatever its reasons.
Does choosing one enforcement method waive the other?
The text doesn't say that filing a new suit forfeits the registration option, or vice versa; the two paths coexist under this section.
Does this section change what a creditor must prove in a new lawsuit on the judgment?
No. It only confirms that option remains available; it doesn't alter the substantive requirements for such a suit.
Does the debtor's available defenses depend on which enforcement method the creditor picks?
The Act doesn't address that directly here; this section's role is limited to preserving the creditor's choice between the two enforcement paths.
Amendment History
(Source: P.A. 87-358; 87-895.)
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: suing on a sister state judgment in Illinoisalternative to registering a foreign judgmentdo I have to register an out of state judgmentnew lawsuit instead of registering a judgment