Motion to Vacate Default Judgment

A Motion to Vacate a Default Judgment under 2-1401 is a strategy to rid yourself of a previous judgment because you lacked notice of the trial date or you simply made a mistake and did not file an appearance or otherwise plead to a plaintiff's complaint or lawsuit.

In Illinois, Motion to Vacate Default Judgment commonly occur against business and corporate clients. Either vendors sue a business or company or other plaintiff's file a lawsuit against business and corporate clients. Today, I appearanced at the Circuit Court of Cook County to represent a Defendant Business that had a default judgment entered against them. My client simply did not appear in court at the time of the case and failed to file an answer or appearance. In this case, the Judge gave the Plaintiff a default judgment. My client and I filed a Motion to Vacate a Default Judgment within thirty (30) days. Motion to Vacate a Default Judgment is typically granted if one party files their Motion prior to the expiration of thirty (30) days. After thirty (30) days, your 2-1401 motion must be supported by affidavit, be within two (2) years, and challenge the the substance of the plaintiff's claim.

Sean Robertson practices in the areas of corporate and business law, asset protection, and estate planning and probate law. Sean Robertson can be reached at 312-498-6080 or 630-364-2318.