Legal Question in Civil Litigation in Illinois
I recently won a default Judgement in a civil case against my
landlord. As a result of winning the case I filled a citation for
discovery of assets to third party (wages) and was checking on its
status when I discovered that the judge had vacated my judgement and
set the case for trial. My problem with this is that the judgment was
granted a full 50 days before the judge decided to vacate the
judgment. Can the judge do this? I thought that there was a thirty day
time limit for responsesin Cook County? What are my options?
1 Answer from Attorneys
Generally, a judgment may be vacated up to two years after its entry. There are criteria for this and those are spelled out in the statute. One, you should have gotten notice of the motion to vacate. Two: their motion must spell out the requirements of the statute.
If these two things have not happened, you should make a motion to vacate their vacatur of the judgment. Or, get leave to challenge their allegations if they are not in compliance with the requirement of the statute.
Your best course of action here is to get an attorney because I do not believe this is something you can do by yourself.
Good luck-
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