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LegalKnowledge
LegalKnowledge, Attorney
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how do I file a motion to set aside a default judgement in

Resolved Question:

how do I file a motion to set aside a default judgement in st clair county illinois?

I was unable to make the court hearings due to my medical condition of congestive heart failure. The judgement was rendered on 6/18/13 and a set aside hearing is scheduled on 7/24.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

LegalKnowledge :

Good morning. I certainly understand the situation and your concern. Would you mind clarifying for me how the hearing was set if the motion was never filed? I am asking because a party typically has to first file the motion for the hearing is set and you are asking about how to file it. If you could please clarify, I would be happy to provide you with an answer.

Expert:  LegalKnowledge replied 1 year ago.
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Customer: replied 1 year ago.

It is a prove up hearing. Not set aside. I think i need to file a motion to set aside the judgement before prove up.

Customer: replied 1 year ago.
Relist: Answer came too late.
faster response
Expert:  LegalKnowledge replied 1 year ago.
Thank you for allowing me to the time to provide you the information you requested. It is important to remember that you must file the motion within 30 days from the date the judgment was entered against you. You will want to include:

The date the default judgment was entered against you
The reason you missed the hearing at which the default judgment was entered
The date and time of the missed hearing
The date you learned the default judgment was entered
The case number XXXXX which the default judgment was entered
What department and division the motion will be filed in
The plaintiff’s and your address and phone number
When you will mail notice to plaintiff of your intent to file the motion.


According to the statute, the petitioner must show, based upon a preponderance of the evidence, (1) the existence of a meritorious defense or claim; (2) due diligence in presenting the defense or claim in the original action; and (3) due diligence in filing the petition

I have also provided for you below, a template to reference and use to get an idea of the form and what you need to include, when you file it.





IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

_______________, )
)
Plaintiff, )
) No.
v. )
)
_______________, )
)
Defendant. )


MOTION TO VACATE DEFAULT JUDGMENT
AND FOR LEAVE TO FILE ADDITIONAL APPEARANCE, INSTANTER


The Defendant, _________, by his attorneys, ____________, moves this Court pursuant to Section 5/2-1301 of the Illinois Compiled Statutes, 735 ILCS 5/2-1301, to vacate the default judgment entered against him on _________, and for leave to file the Additional Appearance of his attorneys, instanter. In support of his motion, Defendant states:
i) Defendant, _________, has been diligent in the defense of his case in that he has appeared pro se in this matter to defend the claim against him.

ii) Due to a severe vision impairment, _________ was unable to read the Notice of Motion and Motion set for hearing on ¬¬¬-__________. Due to this same vision impairment and through inadvertence, ________ did not go to court on __________. Consequently, he was not present to defend the motion for judgment on the pleadings and a default judgment was entered against him. a. On or about _________, ________ received a copy of the order entered on _________ stating that a judgment "in the sum of $_______ plus court costs" had been entered against him.
iii) Subsequently, ___________ contacted ______________ seeking legal representation in this matter, and informed ___________ that a default judgment had been entered against him on ________.
iv) On _________, pursuant to the advice from his attorneys, ___________ filed a Motion to Vacate the default judgment that was entered on __________. ___________'s pro se Motion to Vacate is set for hearing at _____ on ________. Thus, ___________ has been diligent in attempting to vacate the default judgment entered against him.
v) On _________, ___________ agreed to represent ___________ in the instant case. Attorney ________ of ___________ notified Plaintiff's counsel by facsimile transmission that she would be appearing for ___________ at _______ on ________, and that she would be requesting leave to file her Additional Appearance on ___________'s behalf.
vi) ___________ has a meritorious defense to this action against him in that the Plaintiff failed to comply with the Illinois Commercial Code and Illinois law when it repossessed and sold ___________'s ____________.

vii) In Reid v. Adkins, 48 Ill. 2d 402, 406, 270 N.E.2d 841 (1971), the Illinois Supreme Court stated that the test for 2-1301 motions "is whether or not substantial justice is being done between the litigants and whether it is reasonable, under the circumstances, to compel the other party to go to trial on the merits." Subsequent court decisions have held that § 2-1301 is to be liberally applied. Green v. Myers, 106 Ill. App. 3d 541, 436 N.E.2d 43 (1st Dist. 1982).
viii) Justice would best be served by granting ___________'s motion to vacate the default judgment, allowing ___________ to file their Additional Appearance instanter, and by having this matter resolved on the merits.

WHEREFORE, Defendant requests that this Court vacate the default judgment entered on ________, and grant him leave to file the Additional Appearance of his attorneys, instanter.

Respectfully submitted,

______________________________
One of Defendant's Attorneys


[Name]
[Organization]

[City, State Zip]
[Phone]
Attorney No. ______

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT

___________, )
)
Plaintiff, )
) No.
v. )
)
___________, )
)
Defendant. )

AFFIDAVIT OF _________ IN SUPPORT OF HIS
AMENDED MOTION TO VACATE DEFAULT JUDGMENT
AND FOR LEAVE TO FILE ADDITIONAL APPEARANCE, INSTANTER


The Defendant, _________, having been duly sworn and under oath, states as follows:

ix) I am the Defendant in _______ v. _______, No._____.

x) I suffer from a severe vision impairment which makes it difficult or impossible for me to read printed material. My son, _______________, must read my mail and other documents to me.

xi) Although I received the Notice of Motion and Motion for Judgment on the Pleadings, I was not able to read the motion and no one was available to read the motion to me until after the court date on ___________, had passed.

xii) As soon as someone read the Motion for Judgment on the Pleadings to me, I began to seek legal advice regarding this matter.

xiii) On the same day that I consulted with an attorney at ____________ regarding this matter, I also filed a Motion to Vacate the judgment entered on __________, pursuant to their advice.

xiv) I wish to have my day in court so that I can present defenses to the claims against me brought by _____________.

______________________________
[Name]

Signed and Sworn to before me this ___ day of ________.

__________________________
Notary Public


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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15911
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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