Illinois Default Judgment is a ruling by a court that enters a judgment in favor of the plaintiff when the defendant has failed to respond or appear in court after being properly served with a complaint. This type of judgment is entered in civil cases in the state of Illinois when the defendant has not responded to a lawsuit within 30 days of being served with the complaint. There are two types of Illinois Default Judgment: Default Judgment on the Pleadings and Default Judgment on the Merits. Default Judgment on the Pleadings occurs when the defendant has not filed an answer to the complaint within the required time frame and the court grants judgment in favor of the plaintiff based solely on the pleadings. Default Judgment on the Merits occurs when the defendant has not filed an answer and the court grants judgment after considering evidence and testimony submitted by the plaintiff.
Illinois Default Judgment
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FAQ
A Motion to Dismiss asks the judge to dismiss the plaintiff's case. The plaintiff's case is within the complaint, which is considered a pleading. A pleading is a formal document that starts or defends a lawsuit. The defendant's answer is also considered a pleading.
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.
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.
2-1301. Judgments - Default - Confession. (a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be in the form required by the nature of the case and by the recovery or relief awarded.
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.
Illinois law governs the enforcement and resurrection of judgments. Under Illinois law, judgments have an enforcement time limit of seven years from the date of their entry.
Void Judgments In an Illinois Divorce Case Any final order or judgment can be vacated in Illinois. Within 30 days of the entry, the order or judgment can be vacated for almost any reason. After 30 days the requirements for vacating an order or judgment are considerably more stringent.
The Rules define ?default? as when ?a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend,? and define ?judgment? as ?a decree and any order from which an appeal lies.? Read together, a default judgment is simply any judgment that results from a default.