Illinois Judgment by Default — B 261B is a legal process that occurs when a defendant fails to respond to a lawsuit or fails to appear in court. This results in the plaintiff being awarded a judgment in their favor, without a trial or further court proceedings. The Illinois Judgment by Default — B 261B is governed by the Illinois Code of Civil Procedure. In Illinois, there are different types of Judgment by Default — B 261B, each applicable to specific circumstances. Some different types include: 1. Default Judgment for Failure to File an Appearance: This type of default judgment is obtained when a defendant fails to file an appearance, which is a formal legal document acknowledging the lawsuit and indicating participation in the court proceedings. 2. Default Judgment for Failure to File an Answer: This type of default judgment is obtained when a defendant fails to file a written response known as an answer. An answer typically addresses the allegations made by the plaintiff in the lawsuit. 3. Default Judgment for Failure to Attend a Court Hearing: This type of default judgment is obtained when a defendant fails to attend a scheduled court hearing related to the lawsuit. It may occur even if the defendant has filed an appearance or an answer but fails to appear in court. To initiate the process of obtaining a default judgment in Illinois, the plaintiff must first file a motion for default judgment with the court. This motion must include supporting documentation, such as proof of service of the lawsuit on the defendant and evidence demonstrating the defendant's failure to respond or appear. Once the motion for default judgment is filed, the court reviews the motion and supporting documents. If the court finds that the defendant has indeed failed to respond or appear, it may grant the default judgment. The judgment generally awards the plaintiff the relief sought in the lawsuit, which may include monetary damages, injunctive relief, or other remedies. It is important to note that obtaining a default judgment does not guarantee the plaintiff's ability to collect the awarded damages. The plaintiff may need to take additional steps, such as enforcing the judgment through wage garnishments, property liens, or other legal means, depending on the defendant's assets and financial situation. It is advisable to consult with an attorney experienced in Illinois civil litigation to navigate the process effectively.
Illinois Judgment by Default - B 261B
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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.
Entry of a defendant's default simply means that the defendant is thereafter barred from defending against the lawsuit, whereas the default judgment is the court's pronouncement of what the plaintiff is entitled to against the defendant (such as money damages, declaratory relief, an injunction, or otherwise).
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.
Section 735 ILCS 5/2-1302 - Notice of entry of default order (a) Upon the entry of an order of default, the attorney for the moving party shall immediately give notice thereof to each party who has appeared, against whom the order was entered, or such party's attorney of record.
Default of appearance in case of non-appearance of the defendant. If the court is of the opinion that the defendant has been called in a proper manner, but has failed to appear (or to appear in the correct manner, e.g. not trough a lawyer), the court will declare the defendant to be in default of appearance.
If you ignore the Notice, a hearing officer may enter a Default Judgment against you based on the evidence presented. A "Default Judgment" is similar to a Judge's order in that it can be used to place a lien on your property, garnish your wages and/or affect your credit.
So, a Default Prove Up simply is a short trial where the court wants you to come in because they have some questions about your judgment because in a default you are submitting a judgment without the other party's agreement or participation in the divorce.
O The court is more likely to grant your Motion to Vacate Default Judgment of Foreclosure if you file it no later than 30 days after the date the default judgment was entered against you.