Illinois Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process

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US-01528BG
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Personal jurisdiction is invoked by the party's appearance before the court, or by the lawful service of process upon the party. The existence of personal jurisdiction depends upon the presence of reasonable notice to the defendant that an action has been brought, and a sufficient connection between the defendant and the forum state as to make it fair to require the defendant to defend in that forum.

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  • Preview Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process
  • Preview Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process
  • Preview Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process
  • Preview Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process

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FAQ

Ct. Rule 106 for procedures governing service of a Section 2-1401 petition. Final orders, judgments, and decrees may be vacated after 30 days of entry by bringing to the court's attention matters of fact, unknown when the judgment was entered, but which, if known, would have affected the judgment.

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.

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.

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.

The court may at any time on its own initiative, or on motion of any party or witness, make a protective order as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression.

If upon the hearing it appears that the judgment ought not to have been made against the defendant, it may be set aside, altered or amended as appears just; otherwise the petition shall be dismissed at petitioner's costs.

§ 2-203.1. Service by special order of court. If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an order directing a comparable method of service.

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.

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Illinois Petition to Vacate Default Judgment for Failure to Acquire Jurisdiction over Defendants due to Defective Service of Process