Legal Question in Civil Litigation in Illinois

How to remove a judgement through a motion to vacate

My dba company spoke with a prospective medical equipment remover in on or about February 2004. We had no contract or financial agreement with this individual. He took it upon himself to show up at the job site, tell our client he couldn't do the job, then sued me for $4,500.00 for his travel expenses. My lawyer advised me to ignore him; and now there's an open judgement against me. How can I get this off my credit report? Can I file, for example, a Service of Process, forcing him back to the court; thereby defending myself as I should have done in the first place?


Asked on 12/12/04, 10:38 am

2 Answers from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: How to remove a judgement through a motion to vacate

You will need to file a motion to vacate the default judgment. However if the judgement is greater then 30 days old you will have a harder time vacating the judgment.

Its also my opinion that you should fire the attorney who advised you to ignore this matter to begin with.

Read more
Answered on 12/12/04, 8:32 pm
Mark Heftman Reibman, Hoffman, Baum, Hirsch & O'Toole

Re: How to remove a judgement through a motion to vacate

Was the judgment entered under 30 days ago? If so, the judge will grant your to motion to vacate the ex-parte judgment. If not, you will have more difficulty. You should consult an attorney as soon as possible to properly address this issue.

Read more
Answered on 12/12/04, 12:44 pm


Related Questions & Answers

More General Civil Litigation questions and answers in Illinois