Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

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

st clair county illinois? I was...
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.
Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
7/7/2013
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,445
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified

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.

Ask Your Own Legal Question
Customer reply replied 4 years 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 reply replied 4 years ago
Relist: Answer came too late.
faster response
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


Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,445
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
Verified
LegalKnowledge and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,445
29,445 Satisfied Customers
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.

LegalKnowledge is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am appealing a restraining order in Oregon's Circuit Court
I am appealing a restraining order in Oregon's Circuit Court Tomorrow, and need to understand the protocol at such a proceeding. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
I was referred to your Legal Representation for Tenants from
I was referred to your Legal Representation for Tenants from Tenants Rights Group. … read more
LegalKnowledge
LegalKnowledge
Attorney
29,445 satisfied customers
I'm being tortured and need legal representation for medical
I'm being tortured and need legal representation for medical malpractice, family law and civil rights and have no money. What should I Do? … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
I'm looking for legal representation for a bill collection
I'm looking for legal representation for a bill collection with AT&T where I say they old me a refund because the services they used was supposed to provide me was not provided to me which I still hav… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I am looking for representation regarding a Company, Ditech,
I am looking for representation regarding a Company, Ditech, that I feel is harassing me. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
I am inquiring about international legal representation. and
I am inquiring about international legal representation. I am Canadian and have legal distribution rights in the Philippines. The manufacturer is in Germany and is threatening to open up partnership w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
Can a retired circuit court judge in Nashville, Tennessee
Can a retired circuit court judge in Nashville, Tennessee preside over a civil wedding in Aspen,Colorado and sign the marriage certificate? If not are any commits rules that would authorize his author… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Can one circuit court judge overturn another's decision on a
Can one circuit court judge overturn another's decision on a matter already heard … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I received a circuit court disposition order in and for
I received a circuit court disposition order in and for browsed county . It says restitution converted to civil lien. I have several questions… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,290 satisfied customers
Filed motion to stay money judgement in circuit court
filed motion to stay money judgement in circuit court pending appeal refused to rule citing lack of jurisdiction appellate court denied … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
9-22-17 draft ______________ In the 8th Circuit Court of
9-22-17 draft ______________ In the 8th Circuit Court of Cheshire County State of New HampshirePlaintiff, Amy Zuckerman Vs, Defendant, ***** *****COMPLAINTNow comes the Plaintiff, Amy Zuckerman, and f… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
When does a circuit court want a "line"? Adding a name or
When does a circuit court want a "line"? Adding a name or fixing an address? Why can't we just submit a revised form? Are there rules for when a line needs to be filed and how to do it?… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
I need to submit a memorandum of appeal to the circuit court
I need to submit a memorandum of appeal to the circuit court opposing a district court judgement. I need help with format of the memorandum for Maryland courts and also maybe some help in writing the … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
Can a federal agency override a Circuit Court order just
Can a federal agency override a Virginia Circuit Court order just because the don't agree with it or feel it was granted with limited background or due diligence?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I got a letter from the circuit court. A order of transfer
I got a letter from the circuit court. A order of transfer what do that men … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
We were served with a summons in circuit court for a bill
We were served with a summons in circuit court for a bill that we did default on, I sent in the paper work and then the case went cold, we then received from the lawyer a dismissal without prejudice a… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
How does it take in circuit court judge to render a decision
how long does it take in Virginia circuit court judge to render a decision after trial is over? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,276 satisfied customers
I lost a circuit court case after it was tried 3 times my
I lost a circuit court case after it was tried 3 times my attorney filed a motion appeal to the Appellate Court,where he forfeited her right to appeal the court's evidentiary rulings because he failed… read more
Bill Attorney
Bill Attorney
law
1,582 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x