Illinois Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process

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US-01532BG
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A judgment may be declared void if a court did not have person jurisdiction over the defendant. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process
  • Preview Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process

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FAQ

§ 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 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.

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.

If the court defaults a party for failing to answer, but the default isn't final (no money judgment is entered), section 2-1301(e) allows the defaulted party to vacate the default any time ? even if more than 30 days have passed.

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.

2-1401. Relief from judgments. (a) Relief from final orders and judgments, after 30 days from the entry thereof, may be had upon petition as provided in this Section. Writs of error coram nobis and coram vobis, bills of review, and bills in the nature of bills of review are abolished.

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.

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Illinois Petition to Vacate Judgment due to Failure to Acquire Jurisdiction over Defendant - Defective Service of Process