Legal Question in Real Estate Law in Illinois
Today I received a card in the mail stating "An order for default was entered on 10/06/10 by Judge JCG" I was present in court on 10/06/10 and was give paper work regarding an order showing that it was entered on that date. Is this card just "follow-up" from the court letting me know they had indeed entered this paperwork. Or is there additional paperwork that I need to file?
1 Answer from Attorneys
Hello. If you had an appearance on file, you should not have received a default order. A default means that you have confessed to the charges brought against you by the opposing side. From the facts that you have given it appears that the court entered a default judgment against you. The party that filed the lawsuit can now garnish your wages and place a lien against any property that you own. In other words, the other side can now attempt to collect money from you through the collection court. Assuming you want to fight this outcome, the situation is now serious. In order to have the default reversed, you need to file a motion to vacate the default order within 30 days of the date that the default order was entered. Otherwise, it will be more difficult to have the judgment thrown out. Usually there is a filing fee for filing a motion to vacate a default. Will be happy to discuss this further and in more detail.
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