Can the revival of a judgment be denied?
Can the revival of a judgment ever be denied? A judgment was entered for attorney's fees in 2002 for a custody case. The attorney to receive the award of fees used my new spouse's income in calculating the award. She initially withdrew any objection to our petition for relief which is still pending. Now after 7 years, she is wanting to collect but she has not revived the judgment. Can she collect if she has not filed to revive the judgment? Also, can the revival be denied since this order should not have been entered and there was no hearing on fees?
Yes, I believe that she must revive the judgement pursuant to the law in Illinois and file a petition to do so. At that time you should be given notice of the filing of the petition and you should be able to object and possibly attempt to vacate the order. But I would really seek legal help with all of this. It is very difficult to vacate judgement in the first instance and wothout help you may be denied. You should also ask an attorney about the other attorney's ethics and what you can do about that. Good luck.