Article II. Civil Practice · Part 13. Judgment · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 2-1304 lets a court turn a non-money order into a lien on the disobedient party's property, and lets a judge or sheriff sign a deed or other document when a party won't.
Full Text of 735 ILCS 5/2-1304
Text size
(a)Whenever, by any order, any party to an action is required to perform any act other than the payment of money, or to refrain from performing any act, the court may, in such order, provide that the same shall be a lien upon the real or personal estate, or both, of such party until such order is fully complied with; and such lien shall have the same force and effect, and be subject to the same limitations and restrictions, as judgments for the payment of money, including the time and manner when the same shall take effect and the time and manner when the lien upon a revival thereof shall take effect. (b) Whenever an order is entered, directing the execution of any deed or other writing, it shall be lawful for any judge of the court to execute or for the court to direct the sheriff to execute such deed or other writing, in case the parties under no disability fail to execute such deed or other writing, in a time to be named in the order, or on behalf of minors or persons under legal disability who have guardians; and the execution thereof shall be valid in law to pass, release or extinguish the right, title and interest of the party on whose behalf it is executed, as if executed by the party in proper person, and he or she were under no disability; and whenever any property is sold in open court, it shall be lawful for any judge to execute a deed, certificate of sale or bill of sale or for the court to direct the sheriff to execute a deed, certificate of sale or bill of sale to the purchaser thereat and the execution thereof shall be valid in law to pass, release or extinguish all right, title and interest of the parties to the action with the same force and effect as though such sale had been held by the sheriff pursuant to the court's order; and such deed or other writing, if it relates to land, shall promptly after its execution by a judge or the sheriff, be recorded in the recorder's office of the county wherein the land is situated.
Plain-English Summary
When an order requires a party to do something other than pay money, or to refrain from an act, the court can make that order a lien on the party's real or personal property until it's complied with, governed by the same rules that apply to money-judgment liens, including their timing and revival.
If a party ordered to sign a deed or other document won't or can't -- including a minor or a person under a legal disability who has a guardian -- a judge can execute the document instead, or direct the sheriff to, and that execution is just as valid as if the party had signed it personally. The same authority covers deeds, certificates of sale, and bills of sale after a court-ordered sale in open court. Any document affecting land must be promptly recorded with the county recorder.
Frequently Asked Questions
Can a court order that isn't about money still become a lien on someone's property in Illinois?
Yes, the court can make such an order a lien on the party's real or personal property until it's complied with.
What happens if someone refuses to sign a deed the court ordered them to sign?
A judge can execute the deed, or direct the sheriff to, and that execution is as valid as if the party had signed it themselves.
Does this apply to minors or people under a legal disability?
Yes, when they have guardians and fail to execute the required document within the time ordered.
Who signs the paperwork after a court-ordered property sale in open court?
A judge, or the sheriff at the court's direction, can execute the deed, certificate of sale, or bill of sale to the purchaser.
Does a court-ordered deed affecting land need to be recorded?
Yes, promptly after its execution, in the recorder's office of the county where the land sits.
Amendment History
(Source: P.A. 83-351.)
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:court ordered lien illinoisjudge execute deed illinoissheriff execute deed court order illinoislien non-money judgment illinois