A Motion for Default Judgment is a written Motion requesting the Court to do a certain action such as find that a Defendant owes the Plaintiff a sum of money. For example, a Plaintiff, Joe Smith, files a lawsuit against Defendants, ABC, Inc. and John Smith, the owner individually. After a period of time, if the co-Defendants do not file an appearance and/or file an answer or response to the lawsuit, the Plaintiff will file a Motion for Default Judgment.
Simply put, a default judgment is a judgment where the Plaintiffs are granted their request because the Defendant failed to appear or other plead a Defense. In the Circuit Court of Cook County at the Daley Center, I often hear Defendants argue that they were not properly served or they did not know of a lawsuit or judgment.
In order to get a default judgment, the Plaintiff must prove that they properly served and notified the Defendant of the lawsuit. Often times, a Defendant may either forget about the lawsuit or not have the money to defend themselves. The key point is a Defendant should respond to the lawsuit and appropriately defend it.
If you get a default judgment in Cook County or Dupage County entered against you, Robertson Law Group, LLC can assist you vacate the default judgment. Vacating a default judgment prior to thirty (30) days after a default judgment is much easier to accomplish. Courts and judges may freely grant relief against a default judgment entered within 30 days of the default judgment.
A default judgment or otherwise known as a ex-parte default judgement entered and attempted to be vacated after the thirty (30) day period is harder to vacate. However, if you have simply been unserved the lawsuit, you can bring a Motion to Quash Service of Process.
Sean Robertson is Managing Partner of Robertson Law Group, LLC and he has over seven (7) years of legal experience. Sean Robertson graduated from DePaul University College of Law and University of Illinois at Urbana-Champaign. Sean Robertson can assist you with Motions to Vacate Default Judgments and your civil and business litigation legal needs. As an asset protection attorney, we concentrate in helping Defendants especially business owners. We can be reached at (312)-854-7102 or www.RobertsonLawGroup.com (email: firstname.lastname@example.org).
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