This form is a sample Application for Entry of Default and a Supporting Affidavit. The plaintiff places before the court an application for entry of default against the defendant. The form also contains an affidavit which supports the allegations made by the plaintiff.
Illinois Application for Entry of Default - Affidavit - Motion - Entry of Default - Default judgment
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How to fill out Application For Entry Of Default - Affidavit - Motion - Entry Of Default - Default Judgment?
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FAQ
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.
Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.
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.
In Illinois, the respondent has 30 days after the default judgment is entered to contest the decision by asking the court to vacate it. During this period, the respondent will need to come prepared with a rock-solid reason as to why they did not respond to the petitioner in the first place.
Section 2-1401 entitles a party to bring a petition to vacate a final judgment or order after the 30 day period provided for under section 2-1301(e) has expired and for two years from the date of the entry of the judgment or order. 735 ILCS 5/2-1401.
What Happens After a Default Judgment in a Divorce? 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.
The average length of a contested divorce is about a year. One delay is the six-month waiting period to prove grounds for a contested divorce. Usually, the biggest delay is getting parties to agree on a settlement. The faster parties can agree the faster the case ends.
Your spouse will need to respond to the petition within 30 days. If they fail to meet the 30-day deadline, you will be able to file a motion for default. If your spouse continues to refuse, a judge will likely schedule a hearing to hear the reason as to why the reason for the refusal.
