Illinois Motion to Vacate a Judgment

Introduction

Key Things to Know

1. 1

   Illinois has two tracks. Under 735 ILCS 5/2-1301(e), the court may, on motion filed within 30 days after entry, set aside any final order or judgment upon any terms and conditions that shall be reasonable. Before final judgment, the court may in its discretion set aside any default.

2. 2

   After 30 days, 735 ILCS 5/2-1401 governs: relief from final orders and judgments, after 30 days from entry, may be had upon petition. Except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987, the petition must be filed not later than 2 years after the entry of the order or judgment.

3. 3

   Under Section 2-1401(c), time during which the person seeking relief is under legal disability or duress, or the ground for relief is fraudulently concealed, shall be excluded in computing the period of 2 years. Ask an Illinois lawyer how that applies to your dates before relying on it.

4. 4

   Under Section 2-1401, all relief heretofore obtainable and the grounds for such relief heretofore available, whether by writs of coram nobis and coram vobis, bills of review or otherwise, shall be available in every case by petition, and those older writs and bills are abolished. Under 2-1401(f), nothing in the section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.

5. 5

   A 2-1401 petition must be filed in the same proceeding in which the order or judgment was entered, but it is not a continuation of it. It must be supported by an affidavit or other appropriate showing as to matters not of record, and all parties to the petition shall be notified as provided by rule.

6. 6

   Filing does not by itself stop enforcement. Section 2-1401(d) says the filing of a petition does not affect the order or judgment, or suspend its operation, so ask the court for a stay in writing. Under 2-1401(e), unless lack of jurisdiction affirmatively appears from the record proper, vacating a judgment does not affect the right, title or interest acquired by certain non-parties in property.

7. 7

   For a foreclosure default, the Illinois courts publish form VD-M 916.4, Motion to Vacate Default Judgment of Foreclosure, brought under 2-1301. Under 2-1401(b), a petition to reopen a foreclosure proceeding must include as parties, but is not limited to, all parties in the original action in addition to the current record title holders, current occupants and anyone with a recorded interest in the property before the petition was filed. For a default judgment, also see /legal-document/set-aside-default/illinois.

Illinois Requirements for Motion to Vacate

• 30-Day Motion to Vacate

  735 ILCS 5/2-1301(e): on motion filed within 30 days after entry, the court may set aside any final order or judgment upon reasonable terms and conditions.

• 2-Year Petition for Relief

  735 ILCS 5/2-1401: after 30 days from entry, relief is by petition, filed not later than 2 years after entry, except as provided in Section 20b of the Adoption Act and Section 2-32 of the Juvenile Court Act of 1987.

• Disability, Duress or Concealment

  735 ILCS 5/2-1401(c): time under legal disability or duress, or while the ground for relief is fraudulently concealed, shall be excluded in computing the period of 2 years.

• Affidavit for Matters Not of Record

  735 ILCS 5/2-1401(b): the petition must be supported by an affidavit or other appropriate showing as to matters not of record.

• Same Proceeding and Notice

  735 ILCS 5/2-1401(b): file in the same proceeding in which the judgment was entered, though not a continuation of it; all parties to the petition shall be notified as provided by rule.

• No Automatic Suspension

  735 ILCS 5/2-1401(d): filing a petition does not affect the order or judgment or suspend its operation. Ask the court separately for a stay.

• Void Judgments

  735 ILCS 5/2-1401(f): the section does not affect any existing right to relief from a void order or judgment, or any existing method to procure that relief.

• Foreclosure Petitions

  735 ILCS 5/2-1401(b): a petition to reopen a foreclosure must include as parties, but is not limited to, all parties in the original action plus current record title holders, current occupants and holders of a recorded interest. Form VD-M 916.4 covers a foreclosure default under 2-1301.