Illinois Verified Complaint
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FAQ
Illinois Rule 2-604.1 outlines the requirements for the verification of pleadings, including Illinois Verified Complaints. This rule specifies what information must be included and the verification method preferred by the court. Understanding this rule is vital for ensuring the legal documents you submit are valid and stand up in court.
Failure to Respond: If a defendant fails to answer the complaint or file a motion to dismiss within the time limit set forth in the summons, the defendant is in default. The plaintiff can ask the court clerk to make a note of that fact in the file, a procedure called entry of default.
Although it might be tempting to ignore a summons and complaint, ignoring a lawsuit does not make it go away. And it could result in the court awarding a money judgment against you by default. That can lead to your wages being garnished, your bank accounts attached, or your property being taken!
Illinois is a fact-pleading state; conclusions of law and conclusory allegations unsupported by specific facts are not sufficient to survive dismissal.
All pleadings filed in civil cases under the 1991 Revised Rules on Summary Procedure; petition for review from the Regional Trial Court to the Supreme Court raising only questions of law under Rule 41, Section 2;
Typically, a plaintiff verifies a complaint by attaching a page at the end containing a statement made under oath that:The plaintiff has reviewed the complaint. The plaintiff knows or believes that all allegations that the plaintiff has personal knowledge of to be true.
A defendant may respond in an answer that admits or denies each of the plaintiff's allegations in the complaint. The answer will list defenses and counter-claims or cross-claims against the plaintiff or other defendants. The answer will state whether the defendant wants a jury trial. The case will then continue.
Response or default: Once the case is filed, you generally have 30 days to respond to the lawsuit. If you do not respond, you will be in default.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
N. in law, a written pleading filed by a defendant to respond to a complaint in a lawsuit filed and served upon that defendant.If the complaint is verified as under penalty of perjury, the answer must be also.
