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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

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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.

Open the Motion to Set Aside a Default Judgment guide

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IN THE CIRCUIT COURT OF THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT [COUNTY] COUNTY, ILLINOIS

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

Case No.: [CASE NUMBER]

MOTION TO SET ASIDE DEFAULT JUDGMENT

NOW COMES Defendant, [DEFENDANT NAME], and moves this Court to set aside the default judgment entered against Defendant on [DATE OF JUDGMENT], and in support states as follows:

  1. On [DATE OF JUDGMENT], the Court entered a default judgment against Defendant for failure to appear or answer.

  2. This motion is brought under 735 ILCS 5/2-1301(e), which provides that the court may on motion filed within 30 days after entry set aside any final order or judgment upon terms and conditions that shall be reasonable. This motion is filed within 30 days after entry of the judgment.

  3. [State the facts explaining the failure to appear or answer, for example lack of notice of the hearing, a mistake in the date, or another reasonable circumstance.]

  4. [If filed after 30 days: This petition is brought under 735 ILCS 5/2-1401. It is filed not later than 2 years after entry of the judgment. Defendant has a meritorious defense and exercised due diligence in defending the case and in seeking this relief. The meritorious defense is: (describe the defense, for example the debt was paid, the amount is wrong, or Defendant is not the correct party).]

  5. [If applicable: The judgment is void because Defendant was never properly served, and the Court may grant relief from a void judgment under 735 ILCS 5/2-1401(f) without regard to the 2-year limit.]

  6. Setting aside the judgment will allow the case to be decided on its merits and will not unfairly prejudice the Plaintiff.

WHEREFORE, Defendant respectfully requests that the Court set aside the default judgment entered on [DATE OF JUDGMENT], grant Defendant leave to appear and file a responsive pleading, and grant such other relief as the Court deems just.

Respectfully submitted,

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, Self-Represented

VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters stated on information and belief, and as to such matters the undersigned certifies as aforesaid that the undersigned verily believes the same to be true.

[DEFENDANT NAME]

CERTIFICATE OF SERVICE

The undersigned certifies that a copy of the foregoing Motion to Set Aside Default Judgment was served on the Plaintiff or Plaintiff's attorney of record at the address below by [method of service] on [DATE], in accordance with Illinois law and the applicable Illinois Supreme Court Rules.

[NAME OF PERSON SERVING]

[Confirm the caption format, filing method, and any local requirements under your circuit court's local rules before filing.]

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.

Frequently Asked Questions

It is a request asking an Illinois circuit court to undo a default judgment, which is the judgment entered against a defendant who did not respond to the lawsuit in time. Setting it aside reopens the case so you can defend it. Within 30 days after entry you move under 735 ILCS 5/2-1301(e); after 30 days you must file a petition under 735 ILCS 5/2-1401.

A default is the court's finding that you did not respond on time; a default judgment is the later judgment that actually decides the case against you. Under 735 ILCS 5/2-1301(e), the court may set aside a default before final order or judgment, and may set aside a final judgment on a motion filed within 30 days after entry. After 30 days, relief from the judgment is by petition under 735 ILCS 5/2-1401.

The key line is 30 days after entry of the final order or judgment. Within 30 days you use the liberal 735 ILCS 5/2-1301(e) motion. After 30 days but not later than 2 years after entry, relief is by petition under 735 ILCS 5/2-1401. If the judgment is void, the 2-year limit does not apply under 735 ILCS 5/2-1401(f).

It depends on timing. Within 30 days, 735 ILCS 5/2-1301(e) lets the court set aside the judgment in its discretion on terms and conditions that shall be reasonable, a liberal standard with no statutory meritorious-defense element. After 30 days, a 735 ILCS 5/2-1401 petition generally requires a meritorious defense plus due diligence in defending the case and in seeking relief.

Often yes. A judgment entered without proper service may be void because the court lacked jurisdiction over you. Under 735 ILCS 5/2-1401(f), nothing in that section affects your existing right to relief from a void order or judgment. A void judgment is not barred by the 2-year limit that applies to ordinary 2-1401 petitions and may be challenged at any time.

It depends on which path applies. For a 735 ILCS 5/2-1301(e) motion filed within 30 days, the statute requires only that the court act on terms and conditions that shall be reasonable, and it does not on its face require a pleaded meritorious defense. For a 735 ILCS 5/2-1401 petition after 30 days, you generally must show a meritorious defense plus due diligence.

You file it in the Illinois circuit court where the action is pending, in the county named in the case caption, with the clerk of that court. A 2-1301(e) motion is filed in the same case, and a 2-1401 petition is filed in the same proceeding after 30 days. Confirm the format and filing method under your court's local rules before you file.