If you get a court summons at the Daley Center, you should strongly consider hiring an experienced litigation attorney. As a general rule, if the amount of damages the Plaintiff is seeking are greater than $10,000, you should consult an litigation attorney. A summons is a notice that a Defendant must appear in court to answer a complaint or lawsuit regarding a specific claim by a Plaintiff.
Generally, a Defendant has thirty (30) days to answer a court summons. The thirty day period is the period where a Defendant should file an appearance and file an answer. An answer is a paragraph by paragraph response to a Plaintiff's lawsuit or complaint. In Cook County (Illinois), there are two types of answers. A verified answer and an unverified answer. A verified answer is an answer that must be under oath because the plaintiff's complaint was sworn to as an affidavit. An unverified complaint is a unsworn statement by the Plaintiff alleging a certain amount of damages.
If a Defendant does not show up for court, an ex-parte default judgment will be entered against the Defendant. This means that the Plaintiff gets the relief they are looking for without a fight. After an ex-parte default judgment has been answered, a Defendant has up to 30 days from the entry of the judgment to file a Motion to Vacate Default Judgment. In the initial 30 days, it is relatively easy to get a default judgment thrown out. After 30 days, it is harder to get a Motion to Vacate Default Judgment vacated. It is possible but harder depending on your specific facts. Urgency is key here.
Sean Robertson is an experienced business and civil litigation attorney practicing at the Daley Center in Cook County. Sean Robertson may be reached at 312-498-6080.
No comments:
Post a Comment