Legal Question in Civil Litigation in Illinois

default

I filed a complaint against the defendant, he has not answered the complaint in the required time, which is 30 days. He was properly served. How do I file for default, what are the necessary steps? Thank you for your help

Mike


Asked on 7/31/05, 5:10 pm

1 Answer from Attorneys

Nima Taradji Taradji Law Offices

Re: default

You need to make a motion to the court, write down when and where and by whom the defendant was served (attach proof as an exhibit) and file it with the court. Then on the day the motion is set for hearing, tell the court the same, and the court will enter a default. If the case is worth less than $30,000 then the court will set you for prove up (when you prove your damages) at the arbitration. If not, you will get a date to appear in court and show your damages so that the court can determine how much you should receive and how much you have been able to prove regarding your damages. There are laws governing introduction of proofs at arbitration and during any sort of a prove up. You should familiarize yourself on those, otherwise, you may get a default but not being able to prove your damages, you won't get far.

Good luck,

Nima Taradji

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Answered on 7/31/05, 5:16 pm


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