Motion to Vacate Default Judgment

A Motion to Vacate a Default Judgment has two components. The first part is whether the judgment is greater or less than 30 days from the date the ex-parte default judgment was entered as a court order. For example, John Smith is owner of ABC Trucking, Inc. and on December 30, 2010 an ex-parte default judgment was entered against him for $30,000. On January 10, 2011, John Smith found out that a judgment was entered against him despite not being served or knowing of the court date. Under 735 ILCs 2-1301, a Defendant has thirty (30) days to file a petition to vacate the default judgment. This essentially means that a Defendant will get a opportunity to plead their case after they file their petition to Vacate a Default Judgment. If the judgment has been entered over thirty (30) days after entry of the judgment, 735 ILCS 2-1401 shall apply. The basic elements to set forth with an affidavit are the following: 1. Proper Defense to the underlying judgment; 2. No unreasonable delay in responding to the judgment; and 3. Must be accompanied with an affidavit under oath.

Sean Robertson is a commercial, contract, and litigation attorney in Naperville and Chicago, Illinois. Robertson Law Group, LLC services Cook, Dupage, Will, Kane, and Kendall Counties.