Legal Question in Disability Law in Illinois
Vacating an old judgement, amending the first motion
I filed a combined motion to quash service (as the summons went to the wrong address) and to vacate an old judgment (3 years old).
The other side has now said that I improperly invoked the Court's jurisdication, as I need to use section 2-1401 to invoke this.
They filed a motion to strike mine. WHAT DO I DO?
- Can I file a NEW motion with section 2-1401 used for the part of vacating the judgment? Under the law, there is this subsection:
(f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.
I was wondering IF I can file a new motion to vacate the judgment based off this, and combine it with the service quashing motion.
Will the court accept a new motion - same direction as the earlier one, but modified to invoke jurisdication based of 2-1401?
Please advise how motions can be used here.
HOW do I ask for vacating the judgement? Can I just do this under section 2-1401? May I combine it with other laws?
My current plan is to file a NEW MOTION that asks to vacate a judement based on 2-1401.
1 Answer from Attorneys
Re: Vacating an old judgement, amending the first motion
You need to retain an attorney as this area of the law can get very complex and this is not the forum to seek actual legal assistance.
Generally, you can file whatever motion you want with the court. If a motion is stricken as inappropriate, a new Motion may be filed so long as it is not the same motion. A motion can also be withdrawn before any ruling on it takes place by the Court if the movant feels that the Motion is no appropriate.
A Petition based on Section 2-1401 requires specific information in it in order for it to be considered by the Court. There are case law on this matter which you need to read if you want to do this yourself. There are also defenses to a judgment that has been entered more than 2 years--those are also contained in case law which you must read.
I have provided you with general information which at no time is meant to replace an advice of an attorney who has looked at your pleadings and the facts of your case.
Good luck-
Nima Taradji
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