This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Set Aside Petition Format In Illinois
Instant download
Description
Free preview
Form popularity
FAQ
A motion to vacate is the procedure used to remove the Speaker of the House. It's a rarely used procedural tool that allows any Member of Congress to introduce a resolution, declaring the speakership to be vacant.
A "Default Judgment" is similar to a Judge's order in that it can be used to place a lien on your property, garnish your wages and/or affect your credit. The city usually requests that the maximum fine be imposed in default matters.
In your written motion, you should ask the judge to vacate the judgment. If you are filing the motion within 30 days of learning of the default judgment, you should say so. Include weekends and holidays when counting. The deadline cannot be a weekend or holiday.
The Motion and the Notice of Motion need to be e-filed with the Clerk of the Court. The e-Filing system will reject your filing if you do not enter a court date on the form before e-filing it.
To vacate a default judgment, a motion must be filed within 30 days of entry of the default judgment. The court's decision to set aside any default judgment is discretionary. 735 ILCS 5/2-1301(e).
Primary tabs. A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.
If it has been 30 days or less, you can get rid of ("vacate") a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
If you file a motion to undo ("vacate") the default judgment within 30 days, you will probably succeed. If it is has been more than 30 days, you must file a petition for "relief from the judgment." This is very difficult, so you should talk to a lawyer about it if possible.
Section 2-1301(e) provides litigants with the option to bring a motion to vacate a non-final or final order during the course of litigation. 735 ILCS 5/2-1301(e). Under section 2-1301(e), a litigant can move to vacate a non-final order or judgment at any time before that order or judgment becomes final.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.