This morning, I met a Defendant that had missed her eviction court date. In the Circuit Court of Cook County, a Defendant that arrived late or failed to appear at a court hearing is given a Default Judgment, which means that the Plaintiff gets exactly what they are asking for.
It is strongly recommended and encouraged to immediately file a Motion to Vacate Default Judgment within thirty (30) days of the entry of the Default Judgment order. This is called a 2-1301 Motion because it generally is granted because the court does not want to prejudice a Defendant that made a mistake. However, it is vital that you file this Motion to Vacate Default Judgment within 30 days because it is much easier to have this default or ex-parte judgment vacated. After thirty (30) days, it is a different process called 2-1401 Motion to Vacate Default Judgment.
Sean Robertson is a litigation attorney that may be reached at (312) 498-6080.
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