Motion To Quash Hearing Foreclosure

State:
Multi-State
Control #:
US-01159BG
Format:
Word; 
Rich Text
Instant download

Description

The Motion to Quash Hearing Foreclosure is a legal document used by defendants seeking to challenge a writ of garnishment issued against them. This form allows the defendant to request the court to invalidate the garnishment on specific grounds, such as the judgment being satisfied prior to the issuance of the writ. Key features of this form include sections for the defendant's information, details regarding the original judgment, the grounds for the motion, and a notice of motion to inform the opposing parties of the hearing date and time. The form also contains a certificate of service, which must be filled out to confirm that all relevant parties have been notified of the motion. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful in protecting their clients' rights, ensuring compliance with legal procedures, and facilitating effective communication among involved parties. When filling out the form, users should ensure accuracy in all names and dates, and adhere to court-specific format requirements. This document serves as a vital tool in foreclosure defense strategies, highlighting the necessity of timely and correct responses in legal proceedings.
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  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion
  • Preview Motion of Defendant to Discharge or Quash Writ of Garnishment and Notice of Motion

How to fill out Motion Of Defendant To Discharge Or Quash Writ Of Garnishment And Notice Of Motion?

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FAQ

You can ask the court to vacate (undo) the default judgment. If the judgment is vacated and the case is put back on the court's calendar and the case will continue. You still have to defend the case, but the other side no longer has a judgment against you.

You will need to electronically file ("e-file") them unless you have an exemption. You must file all of the forms within 30 days of receiving the Summons and Complaint. If you do not file an Answer, the bank will ask the judge for a default judgment and judgment of foreclosure.

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.

At this point, you're probably wondering what's the best way to stop foreclosure in Illinois. There are three ways - reinstating the loan, redeeming the property before the sale, or filing for bankruptcy. Well, here's some news - filing for bankruptcy is your best option to keep your home!

O The court is more likely to grant your Motion to Vacate Default Judgment of Foreclosure if you file it no later than 30 days after the date the default judgment was entered against you.

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Motion To Quash Hearing Foreclosure