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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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How to vacate a default judgment?

Customer Question

I received a default judgment against me by a neighbor of a rental property I owned. The neighbor's claim was my property decreased the value of his property. During the time he filed the motions my bank foreclosed on the property. However, the bank eventually gave me a release deed on the property, but it's in such bad shape I don't want it. Someone has purchased the first position through the Sheriff's tax sale. How can I vacate the judgment?
This happened in Illinois. No paper work filed yet. Also, I don't think the release deed was filed. I'm not sure about any foreclosure papers.
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

You must file the motion within 30 days from the date the judgment was entered against you. Motions made within 30 days are often granted by courts.It is possible to file a similar motion after more than 30 days, but the court is much less likely to grant it. You need to show good cause, as to why you failed to respond.

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 for 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

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