This form is a sample letter in Word format covering the subject matter of the title of the form.
Letter Requesting Motion To Vacate Order Of Default With Student Loans In Illinois
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Multi-State
Control #:
US-0020LTR
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Word;
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FAQ
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 default judgment was made in error, you may have grounds to challenge it and have it vacated, or set aside. You might be able to do this if you never owed the debt or weren't notified of the lawsuit, or if the case was mismanaged.
Ask the judge to set aside (cancel) the judgment Setting aside the default judgment “rewinds” the case back to the beginning. It does not mean you win your case. It means you could file an answer and present a defense to your case. Setting aside the default requires filing a motion.
After the Lawsuit Sometimes, the court may mandate the debt collector to notify the borrower of the court proceedings to collect the debt. The debtor will then wait for at least 15 days of notifying the borrower before filing the wage garnishment order.
The entry of a final order or judgment may not end the litigation in the trial court. 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.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
An appeal asks a higher court to change the decision made by a lower court. A Motion to Vacate asks the same court to cancel its decision, as if the case never happened.
Section 2-1301(e) provides litigants with the option to bring a motion to vacate a non-final or final order during the course of litigation. 735 ILCS 5/2-1301(e). Under section 2-1301(e), a litigant can move to vacate a non-final order or judgment at any time before that order or judgment becomes final.
Either party in a protective order cases can file a Motion to Modify (change), or a Motion to Terminate (end) the protective order. The clerk will set a court date for you to appear and present this to the judge. You will have to send the Respondent a copy of your motion.