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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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I am involved in civil case with my brother. I am the plaintiff.

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I am involved in civil case with my brother. I am the plaintiff. My attorney just appeared in court and was able to get a judgement for want of prosecution. Neither my brother or his attorney showed up. I am still trying to understand that my brother or his attorney has 30 days to respond. if they do respond to the same charges what does this mean? I live in the state of Illinois.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

 


The first opportunity to vacate a default order, final order or judgment is described in 735 ILCS 5/2-1301. Section 1301 is a discretionary rule allowing the court to set aside a default order before final order or judgment. Additionally, Section 1301 allows the court to vacate a final order or judgment upon motion filed within 30 days after its entry, and "upon any terms and conditions that shall be reasonable. In essence, so long as the moving party provides the Court with a reasonable justification for vacating the order or judgment, the Court will likely exercise its discretion and grant the motion. In granting such a motion, however, the Court is not obligated to set aside the final order or judgment as to all parties; in the event the Court limits its order vacating to the moving party, the final order or judgment remains binding as to the other parties.


 

ScottyMacEsq :

Basically that means that if they respond within 30 days with a "motion to vacate" and the judge finds the arguments compelling, then the judge can set aside the judgment that you received.

ScottyMacEsq :

That means that it's as though the judgment was not given, and you're still going to have hearings, a trial on the merits, etc...

ScottyMacEsq :

What you received was a "default" judgment, meaning that it's not based upon the merits of the case, but rather based upon the other side not showing up.

ScottyMacEsq :

They have the opportunity to get this vacated, generally upon showing of good cause as to why they did not show up.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

hank you for the information.

Customer:

thank you for the information. Have a good day!

ScottyMacEsq :

My pleasure and you too. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Sorry about the duplicate answer.

ScottyMacEsq :

No problem.

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