Legal Question in Civil Litigation in Illinois

ex parte default judgement

I won the car accident case by default (ex parte judgement)in small claim court. However, one week later insurance company attorney representing defendant, filed the motion to vacate ex parte judgement based on the fact that the Councel for defendant notified the cleark about his/her presence in the court room but was absent in the moment when the case was called. He/she claims that his/her appearance was required in several court rooms and that the cleark made mistake and did not notified judge about councel's appearance. The demand for jury trial from defendants side previously was filed.

I have the feeling that the steps defendant's attorney undertakes is the part of game and they try to waist my time. I also do not believe that councel appeared at the court room (I was in the court room all the time and did not see single councel checking in, but only those representing other people).

Is any step I can undertake to prevent to vacate the judgement. Does my presence in the court room during hearing of the motion to vacate will make any sence and can be helpfull in any respect. What should I do?

Thank you for your help.


Asked on 6/15/04, 11:58 pm

2 Answers from Attorneys
Mark Heftman Reibman, Hoffman, Baum, Hirsch & O'Toole

Re: ex parte default judgement

If Defendant filed its motion to vacate within 30 days, the motion will be vacated. If more time has past, the motion may not be vacated. Defendant's jury demand will delay the trial considerably.

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Answered on 6/16/04, 5:14 pm
Nima Taradji Taradji Law Offices

Re: ex parte default judgement

It is not uncommon that Attorneys have to be in several different courtrooms and so they may not be present at the time when the case is called. Many times, the Judge decides to pass on the case and wait for all attorneys to be present. Sometimes they don't. The Court, in all likelihood will vacate the default judgment against your opponent and will set the case to go forward. It is of course entirely possible that the Judge decides not to do so, and therefore your presence in Court objecting to the motion filed by the other side will be essential.

The insurance companies' first goal is to make sure they do not pay you, and IF they have to pay you, that they do so at the latest possible date. Therefore, the game you are referring to is routine coming from the insurance companies and their representatives. You should expect more games and more delay tactics...

Good luck,

Nima Taradji

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Answered on 6/16/04, 12:24 am


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