Gary L. Schlesinger
Gary L. Schlesinger, Divorce / Separation Lawyer - Libertyville, IL
Posted about 4 years ago.

why limit it to a suit to enforce a contract? if it is in a judgment, do a petition to hold him in contempt. more effective. sooner. need not file a separate suit. could get fees. shifts the burden to him.

Elizabeth M. Feely
Elizabeth M. Feely, Divorce / Separation Lawyer - Chicago, IL
Posted about 4 years ago.

Why is it more effective or faster than a motion for summary judgment, under the circumstances described?

A petition for rule is a pleading much like a complaint--likewise subject to 2-615 & 2-619 motions to strike, dismiss for judgment on pleadings...

Gary L. Schlesinger
Gary L. Schlesinger, Divorce / Separation Lawyer - Libertyville, IL
Posted about 4 years ago.

because you have to file a separate suit to enforce the judgement as a contract. serve him. he has 30 days to appear, he does on the last day. you do a motion to default him for no response., he gets 21 days to respond. he does. now you are 51 days from filing.

then you do discovery. then your motion for summary judgment. then he responds. then you reply. then you have a court date to argue it. then the judge takes it under advisement. then you get a decision which is another court order that he list the house for sale which he refuses to do. so how do you enforce the new order in the new case? with a petition for rule to show cause.

so if you do the pet for rule in the divorce case, you get real relief much more quickly. also you could get fees in the petition for rule but not in the new case.