Motion to Vacate Default Judgment

There are two rules regarding a Motion to Vacate Default Judgment. The first rule pertains to Motions to Vacate Default Judgment that is filed within 30 days of the ex-parte default judgment or otherwise known as "default judgment". This Motion is a type of Motion that states the basic facts such as when the default judgment was issued and why you deserve to have the default motion vacated.

In contrasts, the second (2nd) type of default motion is a Motion to Vacate Default Judgment under 735 ILCS 2-1401. This type of Motion is a Motion to Vacate Default Judgment that has occurred over thirty (30) days ago but under two (2) years ago. This 2-1401 Petition must be an affidavit, which alleges that you were reasonably diligent in your efforts to overturn the default judgment and you have a defense against the Plaintiff's claim.

In the last several days, several clients have come to me with these issues. Therefore, I assume small business owners in the Chicagoland area are facing these issues. We also can help structure your assets in a manner where they will be protected.

Sean Robertson, Esq.
Robertson Law Group, LLC
(312) 498-6080 or (630) 364-2318
RobertsonLawGroup@gmail.com