Illinois Motion to Set Aside a Default Judgment
Set aside an Illinois default judgment. Within 30 days of entry, use the liberal 735 ILCS 5/2-1301(e) motion; after 30 days, a stricter 2-1401 petition applies.
Introduction
A motion to set aside a default judgment asks the court to undo a judgment entered against you because you did not respond to the lawsuit in time, so you can reopen the case and defend it on the merits. A default judgment is the judgment a court enters when a defendant fails to answer or appear. In Illinois the path you use depends on one sharp line: 30 days from entry of the final order or judgment. Within that 30-day window, you move under 735 ILCS 5/2-1301(e), which lets the court in its discretion set aside the judgment on 'terms and conditions that shall be reasonable.' This is a liberal standard, and the statute does not on its face require you to plead a meritorious defense (a real, valid defense you would raise if the case reopened). Once 30 days pass, the vehicle changes. You must file a petition under 735 ILCS 5/2-1401, which must be filed not later than 2 years after entry and generally requires you to show a meritorious defense plus due diligence in both defending the case and seeking relief. A separate path exists if the judgment is void, most often because you were never properly served. Under 735 ILCS 5/2-1401(f), a void order or judgment is not barred by the 2-year limit and can be challenged at any time. Missing the 30-day window makes relief harder, so act quickly. DocDraft drafts an Illinois motion to set aside a default judgment from your facts, with attorney review available before you file.
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Key Things to Know
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A default judgment is the judgment entered when a defendant does not respond in time. In Illinois you undo it with a motion or petition to set aside, which reopens the case so it can be decided on the merits.
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The path turns on 30 days. Within 30 days after entry of the final order or judgment, you move under 735 ILCS 5/2-1301(e). After 30 days, the vehicle changes to a petition under 735 ILCS 5/2-1401.
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The 2-1301(e) motion within 30 days uses a liberal standard. The court may in its discretion set aside the judgment on 'terms and conditions that shall be reasonable,' and the statute does not on its face require a pleaded meritorious defense.
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After 30 days the standard is stricter. A 735 ILCS 5/2-1401 petition must be filed not later than 2 years after entry of the order or judgment, and it generally must show a meritorious defense plus due diligence.
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Time can be excluded from the 2-year period. Under 735 ILCS 5/2-1401(c), time during which you are under legal disability or duress, or during which the ground for relief was fraudulently concealed, does not count toward the 2 years.
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If you were never properly served, the judgment may be void. Under 735 ILCS 5/2-1401(f), relief from a void order or judgment is not barred by the 2-year limit and may be sought at any time.
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You file in the Illinois circuit court where the case is pending, in the county named in the case caption. Confirm your court's local rules for the format and filing method before you file.
Key decisions before you file
Before you file a Motion to Set Aside a Default Judgment in Illinois, a few decisions shape the document: which option to choose and what each one means. The Motion to Set Aside a Default Judgment guide walks through them.
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Illinois Requirements for Motion to Set Aside a Default Judgment
Know the 30-day line
The path turns on 30 days after entry of the final order or judgment. Within 30 days you move under 735 ILCS 5/2-1301(e). After 30 days the vehicle changes to a petition under 735 ILCS 5/2-1401. Identify which side of the line you are on before you file.
File the 2-1301(e) motion within 30 days
Under 735 ILCS 5/2-1301(e), the court may on a motion filed within 30 days after entry set aside a final order or judgment on terms and conditions that shall be reasonable. Filing inside this window gives you the liberal standard, so file as soon as you can.
After 30 days, file a 2-1401 petition within 2 years
Once 30 days pass, relief is by petition under 735 ILCS 5/2-1401, which must be filed not later than 2 years after entry of the order or judgment. Time under legal disability or duress, or while the ground for relief was fraudulently concealed, is excluded from the 2 years.
State a liberal ground within 30 days
For a 735 ILCS 5/2-1301(e) motion within 30 days, the statute lets the court set aside the judgment in its discretion on terms and conditions that shall be reasonable. Explain the facts behind your failure to appear or answer. No pleaded meritorious defense is required on the face of the statute.
Show a meritorious defense and due diligence after 30 days
A 735 ILCS 5/2-1401 petition filed after 30 days generally requires you to show a meritorious defense plus due diligence in defending the case and in seeking relief. Describe the real defense you would raise if the case reopened.
Check whether the judgment is void
If you were never properly served, the judgment may be void. Under 735 ILCS 5/2-1401(f), relief from a void order or judgment is not barred by the 2-year limit and may be sought at any time. Raise improper service where it applies.
Include a verification and support the facts
State the facts that explain the failure to appear or answer, and support the filing with a verification under Section 1-109 of the Code of Civil Procedure. Include the case caption exactly as it appears in the court record.
File in the circuit court and complete a certificate of service
File in the Illinois circuit court for the county where the case is pending, serve the plaintiff or plaintiff's attorney, and complete a certificate of service. Confirm the format and filing method under your circuit court's local rules before you file.