Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Blood From A Turnip (www.flickr.com)(visited 3.9.16) 735 ILCS 5/2-1402 and Supreme Court Rule 277 govern post-judgment or supplementary proceedings in Illinois. 735 ILCS 5/12-101 through 12-183 provide additional post-judgment specifics like the mechanics of levying on a debtor’s property, the seven-year period to enforce a judgment (12-108), the lien on debtor’s real estate and personal …
Continue reading “Collecting Your Cook County (IL) Judgment: A Primer”
As someone who does some collection work, I experience first-hand how difficult it is to collect on judgments – especially from small corporate debtors. A 2011 Second District case illustrates in stark relief just how challenging and frustrating enforcing a judgment can be. In Conserv v. Von Bergen Trucking, 2011 IL App (2d) 101225U (2011), the Court …
Continue reading “Like Pulling Teeth: The Struggles of Collecting Judgments from Corporate Debtors”
The boilerplate “excess rent” or “rent differential” clause appears in many commercial leases. Usually buried in a voluminous lease, no one pays much attention to it until the tenant vacates and the landlord sues for damages. All of a sudden, the excess rent clause assumes critical importance as the landlord tries to prove up its damages. The rent differential/excess …