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Ask Ray Your Own Question
Ray, Lawyer
Category: Legal
Satisfied Customers: 41543
Experience:  30 years in civil, probate, real estate, elder law
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I was sued by my Condo Assn. I retained an attorney who failed

Customer Question

I was sued by my Condo Assn. I retained an attorney who failed to show up on the date of the hearing. I have been shopping for a lawyer and one who did answer my query said to file a motion to have the judgement the Assn was granted vacated. Can I do this, and if so, how?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: The one who answered ave me that advice and mentioned nothing about representation. I'm having trouble getting a lawyer to answer me otherwise.
JA: Is there anything else the Lawyer should be aware of?
Customer: No.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. Ray here to help you today.Whats state is involved and how long ago was the judgment entered??
Customer: replied 1 year ago.
Illinois. March 22, 2016, stayed until May 25.
Expert:  Ray replied 1 year ago.
Petition for Relief from JudgmentRelief from judgment more than 30 days after entry of the judgment may be sought by filing a petition pursuant to 735 ILCS 5/2-1401 (“Section 2-1401 petition”). The petition for relief from judgment must be filed within two years of entry of the judgment or order. 735 ILCS 5/2-1401(c). A Section 2-1401 petition must allege a meritorious defense or claim, due diligence in presenting the defense or claim, and due diligence in filing the petition. Smith v. Airoom, Inc., 114 Ill. 2d 209, 220-21, 102 Ill. Dec. 368, 499 N.E.2d 1381 (1986). See S. Ct. Rule 106 for procedures governing service of a Section 2-1401 petition. Code Sections 2-1301 and 2-1401 (735 ILCS 5/2-1301, 735 ILCS 5/2-1401) govern motions to vacate judgments in Illinois. Section 2-1301 applies where you’re trying to vacate a final judgment within 30 days of its entry
Expert:  Ray replied 1 year ago.
Forms if you want to try and file such a motion yourself. Thanks for letting me help you today.I wish you the best here with your motions and a better outcome.
Expert:  Ray replied 1 year ago.
Law if it has been less than 30 days as you state CIVIL PROCEDURE(735 ILCS 5/) Code of Civil Procedure. (735 ILCS 5/2-1207) (from Ch. 110, par. 2-1207) Sec. 2-1207. Punitive damages. The trial court may, in its discretion, withrespect to punitive damages,determine whether a jury award for punitive damages is excessive,and if so, enter a remittitur and a conditional new trial. The trial court may also in its discretion, apportion the punitive damageaward among the plaintiff, the plaintiff's attorney and the State of IllinoisDepartment of Human Services. The amount of the awardpaid from the punitive damages to the plaintiff's attorney shall be reasonableand without regard to any contingent fee contract,except that such amount shall not exceed the amount authorized by thecontingent fee contract. In apportioning punitive damages as provided inthis Section, the court shall consider, among other factors it deemsrelevant, whether any special duty was owed by the defendant to the plaintiff.(Source: P.A. 89-507, eff. 7-1-97.) (735 ILCS 5/Art. II Pt. 13 heading)Part 13. Judgment (735 ILCS 5/2-1301) (from Ch. 110, par. 2-1301) Sec. 2-1301. Judgments - Default - Confession. (a) The court shalldetermine the rights of the parties and grant to any party anyaffirmative relief to which the party may be entitled on the pleadings andproofs. Judgments shall be in the form required by the nature of thecase and by the recovery or relief awarded. More than one judgment maybe rendered in the same cause. If relief is granted against a party whoupon satisfying the same in whole or in part will be entitled byoperation of law to be reimbursed by another party to the action, thecourt may determine the rights of the parties as between themselves, andmay thereafter upon motion and notice in the cause, and upon a showingthat satisfaction has been made, render a final judgment against theother party accordingly. (b) A determination in favor of the plaintiff on an issue as to the truthor validity of anydefense in abatement shall be that the defendant answer or otherwise plead. (c) Except as otherwise limited by this subsection (c), any personfor a debt bona fide due may confess judgment by himself or herself or attorneyduly authorized, without process. The application to confess judgmentshall be made in the county in which the note or obligation was executedor in the county in which one or more of the defendants reside or in anycounty in which is located any property, real or personal, owned by anyone or more of the defendants. A judgment entered by any court in anycounty other than those herein specified has no force or validity,anything in the power to confess to the contrary notwithstanding. No power to confess judgment shall be required or given after September24, 1979 in any instrument used ina consumer transaction; any power to confess given in violation hereofis null and void and any judgment entered by a court based on such powershall be unenforceable. "Consumer transaction" as used in this Sectionmeans a sale, lease, assignment, loan, or other disposition of an itemof goods, a consumer service, or an intangible to an individual forpurposes that are primarily personal, family, or household. (d) Judgment by default may be entered for want of an appearance, orfor failure to plead, but the court may in either case, require proof ofthe allegations of the pleadings upon which relief is sought. (e) The court may in its discretion, before final order or judgment,set aside any default, and may on motion filed within 30 days afterentry thereof set aside any final order or judgment upon any terms andconditions that shall be reasonable. (f) The fact that any order or judgment is joint does not deprivethe court of power to set it aside as to fewer than all the parties, andif so set aside it remains in full force and effect as to the otherparties. (g) If any final judgment is entered against any defendant who hasbeen served by publication with notice of the commencement of the actionand who has not been served with a copy of the complaint, or receivedthe notice required to be sent him or her by mail, or otherwise brought intocourt, and such defendant or his or her heirs, legatees,or personal representatives, as thecase may require, shall, within 90 days after notice in writing givenhim or her of the judgment, or within 1 year after the judgment, if no noticehas been given, appear in open court and petition to be heard touchingthe matter of the judgment, the court shall upon notice being given tothe parties to such action who appeared therein and the purchaser at asale made pursuant to the judgment, or their attorneys, set the petitionfor hearing and may allow the parties and the purchaser to answerthe petition. If upon the hearing it appears that the judgment oughtnot to have been made against the defendant, it may be set aside,altered or amended as appears just; otherwise the petition shall bedismissed at petitioner's costs. If, however, a sale has been had underand pursuant to the final judgment, the court, in altering or amendingthe judgment may, upon terms just and equitable to the defendant, permitthe sale to stand. If upon the hearing of the petition it appears thatthe defendant was entitled under the law to redeem from the sale, thecourt shall permit redemption to be made at any time within 90 daysthereafter, upon terms that are equitable and just.(Source: P.A. 83-707.) (735 ILCS 5/2-1302) (from Ch. 110, par. 2-1302) Sec. 2-1302. Notice of entry of default order. (a) Upon the entry of an order of default, the attorney for the moving partyshall immediately give notice thereof to eachparty who has appeared, against whom the order was entered, or such party'sattorney of record. However, the failure of the attorney to give the noticedoes not impair the force, validity or effect of the order. (b) The notice shall contain the title, number, court, date ofentry, name of the judge, and state that the order was one of default.The notice may be given by postal card or in any mannerprovided by rules. (c) In the case of an action for foreclosure of a mortgage or a deedin trust, in addition to the information required by subsection (b) of thisSection the notice shall state that the defendant or defendants may redeemthe property within the time and in the manner provided by law. (d) No notice of the entry of an order of dismissal for want ofprosecution shall be necessary provided plaintiff has been notified inadvance that the court is considering the entry of such an order, unlessrequired by local rule.(Source: P.A. 84-614.) (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303) Sec. 2-1303. Interest on judgment. Judgments recovered inany court shall draw interest at the rate of 9% per annum from the dateof the judgment until satisfied or 6% per annum when the judgment debtor is a unitof local government, as defined in Section 1 of Article VII of the Constitution,a school district, a community college district, or any other governmentalentity. When judgment is entered upon any award, report or verdict, interestshall be computed at the above rate, from the time when made or renderedto the time of entering judgment upon the same, and included in the judgment.Interest shall be computed and charged only on the unsatisfied portion ofthe judgment as it exists from time to time. The judgment debtor may bytender of payment of judgment, costs and interestaccrued to the date of tender, stop the further accrual of interest on suchjudgment notwithstanding the prosecution of an appeal, or other steps toreverse, vacate or modify the judgment.(Source: P.A. 85-907.)