An Illinois Notice of Motion to Vacate Default Judgment of Foreclosure is a legal document filed in the Circuit Court of Illinois in order to challenge a foreclosure judgment issued by the court and to have the court vacate or set aside the judgment. This type of motion is typically filed by a homeowner who believes that the foreclosure judgment was issued in error or in violation of the law. The notice explains why the homeowner believes the foreclosure judgment should be vacated and requests that the court set aside the judgment. There are two types of Illinois Notice of Motion to Vacate Default Judgment of Foreclosure: voluntary and involuntary. A voluntary motion is initiated by the homeowner and is based on one of the homeowner's own legal arguments. An involuntary motion is initiated by the court and may be based on a mistake or error in the legal proceedings that led to the foreclosure judgment. The filing of an Illinois Notice of Motion to Vacate Default Judgment of Foreclosure does not guarantee that the foreclosure judgment will be vacated or set aside. The court will review the motion and consider the evidence presented to determine whether the foreclosure judgment should be vacated.
Illinois Notice of Motion to Vacate Default Judgment of Foreclosure
Description Default Judgment Document
How to fill out Illinois Notice Of Motion To Vacate Default Judgment Of Foreclosure?
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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.
You must file a Motion to Set Aside Default Judgment and Notice of Hearing within 30 days of the date the default judgment was signed by the judge. See Texas Rules of Civil Procedure, Rules 329(b).
A default judgment grants the relief sought in the plaintiff's complaint against the defendant. It is enforceable, just like a judgment order entered after a trial. After a default judgment is entered, the plaintiff must send notice of the judgment to the party that has been defaulted.
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.
What is a Default Judgment? A default judgment occurs in Illinois civil cases when the defendant has been properly served with a complaint and summons and has failed to file an answer to the complaint by the first court date or to appear in court for the first court date.
You cannot appeal this kind of judgment and have a new trial until you ?vacate the default judgment?, that is, until you have the judgment removed or erased. To vacate a default judgment, do the following: 1. Get the form called Notice of Motion to Vacate Judgment from the small claims clerk.
Generally, the court will vacate an order or judgment within 30 days ?upon any terms and conditions that shall be reasonable.? Larson, 349 Ill.
If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.