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A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.
After a default judgment has been awarded, the respondent has one last chance to contest it. He or she will have thirty days to ask the court to vacate this judgment. After this time period has passed, the default judgment is considered final.
Service of the motion for default judgment and notice of presentment must occur at least seven (7) days before the motion for default judgment is presented. The Court will strike all motions for default judgment that fail to provide sufficient notice.
Hear this out loud PauseA creditor can use the judgment to collect money from you. They may take some of your wages, money in a bank account, or sell your home. The process is commonly called garnishment even if a Citation to Discover Assets form is used.
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.