Motion to Set-Aside the Default Judgment - Cook County ... 2025

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When a court renders a decision of another court to be invalid, that verdict or decision is set aside; see also annul or vacate . The phrase is often used in the context of appeals , when an appellate court invalidates the judgment of a lower court. For example, in Eckenrode v.
If it has been 30 days or less, you can get rid of (vacate) a default judgment by filing a motion. This is a written request to the judge asking them to throw out the judgment. You will have to send a copy of the motion to the other party in the case, and then show up in court for a hearing.
If you dont pay a debt you owe, a creditor or debt collector can sue you. If they win the case theyll get a court judgment, which gives them access to serious debt collection methods like wage garnishment. In most states, judgments last for 510 years, but in some states the time frame is longer.
After a default judgment, the Plaintiff will try to collect the money you owe. The Plaintiff may be able to take money from your paycheck or bank account and put a lien on your property. If you dont have any assets to pay the debt, you can let the Plaintiff. They may give up or try to collect in the future.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
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If the judge grants your motion and sets aside the default judgment, any money taken from you should be returned (unless the judge orders something different). The case is not over though. Once the judgment is set aside, the case starts up again.
You can always call the firm that got the default judgment against you (should be on the complaint/summons/etc. and see if you can work out a settlement arrangement where you pay a portion of the balance over time and they sort of ``forgive the rest and file a release of judgment with the court.

sample motion to vacate default judgment illinois