Illinois Sample Letter regarding Corrected Default Judgment
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FAQ
For example, let's say Annie files a lawsuit against Bridget. Bridget appears in court to argue her side of the case, but Annie forgets to go to court. The judge enters a default judgment against Annie and dismisses the lawsuit because Annie did not show up in court.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
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.
A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.
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.
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 a judgment is old, it may need to be revived before it can be enforced. Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
A creditor can use the judgment to collect money from you. They may take some of your wages, money in a bank account, or sell your home. The process is commonly called garnishment even if a Citation to Discover Assets form is used.
