Thank you for the information. The most disturbing thing about my case is that my attorney didn't show up to the exam hearing after I won default judgment. That's what I got after paying an attorney a flat upfront fee. Luckily the debtor didn't show either. Now I have to revive a dormant judgement then on to the next step
I got served an expired summons during covid19 lockdown. Courts are closed and I can't get a call back. How am I getting default request if the court only always payments and no contact?
Hi, moniquebanks8658! Thank you for reaching out with your question! In Illinois civil litigation, the terms “default” and “default judgment” refer to different stages in the process when a party fails to respond to a lawsuit. Default: A “default” occurs when one party fails to respond or defend against a claim within the time frame set by the court. For example, if a defendant doesn’t file an answer to the complaint within 30 days, the plaintiff can ask the court to enter a default against the non-responding party. At this point the court is basically saying the party has not participated in the lawsuit. Default Judgment: An “application for default judgment” or “motion for default judgment” is the next step after a default has been entered. This is when the plaintiff asks the court to enter a judgment in their favor because the defendant didn’t participate. The court can then award damages or other relief, depending on the case. In Illinois, once a default is entered, the plaintiff still has to prove their case to some extent to get a default judgment, but the absent party’s failure to respond usually means a favorable judgment for the plaintiff. Court Records: When a default is entered, the record will usually show a default was issued. If a default judgment is later entered, the court record will show “default judgment”. These are separate notations, with the “default” coming before the “default judgment”. What to Do Next: If you are dealing with a default or potential default judgment, you need to act fast. If you are the defendant and missed a deadline, you may have options to file a motion to vacate the default or default judgment under certain circumstances. If you are the plaintiff, you may need to take additional steps to request and prove damages in court. This explanation is based on Illinois civil litigation rules but does not constitute legal advice. For more detailed guidance on your situation, it’s advisable to consult with an attorney, as this response does not create an attorney-client relationship. Feel free to reach out to us at 630.324.6666.
Do I have to serve them again with this default to give them another chance to reply or just check the box that they are not entitled because they did not file or respond to summons? If I do notify, should I serve by certified mail?
Thanks for your question, Mona. After entry of a default order you need to "immediately" mail notice of the default Judgment to the address at which the defaulted party was served. The notice need not be sent by certified mail. - Kevin O'Flaherty
Business Lounge TV I did just that today via certified mail, as well as Notice of Hearing that I scheduled for 7/8/19 . Took to Court Clerk along with Proof of Personal Service. Thank you for answering my questions!
Thank you for your video. A quick question, what if you have sued for an unspecified amount of money and defendant fail to answer to the lawsuit? Thank you again!
Hi, Cynthia! Thank you for reaching out with your question! Unfortunately, our team is not licensed in the state of Texas yet, and we don't yet have any Texas-specific content to share.
I am a Plaintff, Pro Se litigant, I served the attorney, as requested, and he did not respond within thirty days. He responded 5 days late. I filed An affidavit of service and then I filed a default judgment along with other required documents. What motions can he file to contest my default judgment? thanks
Good morning! Thanks for reaching out with your question! What you're asking may be specific to your case, and we cannot answer direct legal questions online. However, you can contact us at 630-324-6666 or email info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!
Can a default judgment be collected for out of state? If I live in California and company in question is from Tennesse and gets a default judgment in California court. Does that default judgment valid in Tennessee? Thank you
Hi Amanda! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a team member will contact you to discuss this further.
What can happen if the defendant didn’t show to trial, but was aware of the lawsuit because they replied to it, but is arguing of not receiving trial information? Thanks
Hi Carl! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.
Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.
I kind of have a unique case. I was hit by a red light runner on July 4th of 2020, the driver at fault who ran the red light didn't not have auto insurance but because they are native American driving on reservation (I live in Arizona) they are not required to have auto insurance while on the reservation. I do have uninsured motorist claim and have received money from that but was seeking money from the driver for pain and suffering and other damages caused. I suffered a broken femur in result of the accident. We are scheduled for a hearing for default judgment and was wondering if I can set the amount I wish to receive for this case or does the judge set the amount owed to me.
Is not showing up because you put it in your calendar wrong a reason to grant this application? The lawyer for my defendant didn't show up and I was awarded judgement. He Called me 2 days later leaving a voice-mail saying he mis-calendarized it and will be filing an application to set aside. I did not motion for a default. I was asked to plead my case after 10-15 minutes passed to allow defense to call in, they did not and I was awarded the amount. As far I'm concerned, it was his responsibility to show up after being notified of the date and time for court.
Hi, i just got a motion for default judgement in the mail but ive already set up a payment plan and have been paying More than what they asked every month. Do i need to go to court to explain this or can i just take it up with the company?
Hi Camren, thanks for your question. Check out this article about default judgement cases for more info: www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained. If you have further questions, please call us at (331) 330-7466 to set up a consultation.
I only see default judgment videos for money, what about if you filed a Declaratory Judgment, can a Motion for Default Judgment be used for Declaratory Relief instead of money?
I need your help. Just filed a bankruptcy and Wisconsin workforce development is intercepting this. I don’t have a job due to covid 19. They’re pressing me and I don’t have money. Can you please help!?
We're very sorry to hear about your situation. If you chat with us on our website www.oflaherty-law.com/ or give us a call at 630-324-6666, we'd love to point you in the right direction.
What if you filed an answer, you made payment to the court, have receipts, and mailed a copy to the plaintiff certified mail. But yet the plaintiff still has requested default judgment?? I believe I might of filed the paperwork incorrectly, meaning I went to the clerk for payment. Someone told me I should have gone to the deputy clerk. The clerk took my $175 payment, paperwork and just told me I'll get something in the mail. This was June 21. The plaintiff filed the motion for default on June 22, I received it today 29th :(
Thanks for your question. We have an article that discusses your question more in depth. Here is the link www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained. We hope this helps.
They keep calling me on a default judgment but i don't what it's about no letters in the mail i thought after so many years they couldn't do anything it's been over 12 years
Hi Shayne, thanks for your question. We answer general questions here, but if you would like to get into the specifics of your case, please feel free to give us a call at (630)324-6666 to schedule a consultation.
Hi Vegas, thanks for watching! You may be able to find the answer to your question in one of these two articles, if not, we may write an article and video in the near future that answers your question: www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained www.oflaherty-law.com/learn-about-law/contempt-of-court-in-illinois-family-law-cases-part-three Be sure to subscribe to our channel for more videos like this one!
Child Support Enforcement sent a letter stating I owe arrears. I challenged it and Demanded validation of debt and asked to inspect the records..They didn't produce anything at all, and they are now default. What do i do now? File motion to dismiss or to vacate the order? And if so, How and with who? Title IV-D hearings/court and the entire CSEA Administrative not Judicial. With the expedited court process, they can only make summary decisions, not final orders. Only a judge can make a final order. I've never been in front of a real judge and I never contracted with them. Title IV-D is shady and dosent follow the rules
can i set aside post judgment default order which entered like 10+ years ago without my knowledge and if that happens will "statute of limitation" effectively applies for the case in case if the plaintiff(collection agency) decides to continue with the case ?
Hi SASHA1536! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at info@oflaherty-law.com.
Thank you for the information. The most disturbing thing about my case is that my attorney didn't show up to the exam hearing after I won default judgment. That's what I got after paying an attorney a flat upfront fee. Luckily the debtor didn't show either. Now I have to revive a dormant judgement then on to the next step
It’s sooooo much to law.
@@vegas9440 Too bad it's not law, clearly two distinguished venue's, legal and law are two different creatures.
I foolishly hired a barrister for family court, that their shows up after the case as if nothing happened. Woe unto you lawyers!!!
HI, after filing a default in motion and the court clerk approve it, what's the next step? what is the notice of hearing with self-stamped envelopes?
Does this also apply in federal court?
How do I determine which form to complete a motion for default in Cook County small claims court?
What if the Defendant does not file their answer and or appear within the time allowed within the Summons in an Administrative Review case?
I got served an expired summons during covid19 lockdown. Courts are closed and I can't get a call back. How am I getting default request if the court only always payments and no contact?
Is a default and application for default judgement different? How is it entered does records say default or default judgement? Thank you
Hi, moniquebanks8658!
Thank you for reaching out with your question!
In Illinois civil litigation, the terms “default” and “default judgment” refer to different stages in the process when a party fails to respond to a lawsuit.
Default:
A “default” occurs when one party fails to respond or defend against a claim within the time frame set by the court. For example, if a defendant doesn’t file an answer to the complaint within 30 days, the plaintiff can ask the court to enter a default against the non-responding party. At this point the court is basically saying the party has not participated in the lawsuit.
Default Judgment:
An “application for default judgment” or “motion for default judgment” is the next step after a default has been entered. This is when the plaintiff asks the court to enter a judgment in their favor because the defendant didn’t participate. The court can then award damages or other relief, depending on the case. In Illinois, once a default is entered, the plaintiff still has to prove their case to some extent to get a default judgment, but the absent party’s failure to respond usually means a favorable judgment for the plaintiff.
Court Records:
When a default is entered, the record will usually show a default was issued. If a default judgment is later entered, the court record will show “default judgment”. These are separate notations, with the “default” coming before the “default judgment”.
What to Do Next:
If you are dealing with a default or potential default judgment, you need to act fast. If you are the defendant and missed a deadline, you may have options to file a motion to vacate the default or default judgment under certain circumstances. If you are the plaintiff, you may need to take additional steps to request and prove damages in court.
This explanation is based on Illinois civil litigation rules but does not constitute legal advice. For more detailed guidance on your situation, it’s advisable to consult with an attorney, as this response does not create an attorney-client relationship. Feel free to reach out to us at 630.324.6666.
Do I have to serve them again with this default to give them another chance to reply or just check the box that they are not entitled because they did not file or respond to summons? If I do notify, should I serve by certified mail?
Thanks for your question, Mona. After entry of a default order you need to "immediately" mail notice of the default Judgment to the address at which the defaulted party was served. The notice need not be sent by certified mail.
- Kevin O'Flaherty
Business Lounge TV I did just that today via certified mail, as well as Notice of Hearing that I scheduled for 7/8/19 . Took to Court Clerk along with Proof of Personal Service. Thank you for answering my questions!
I needed to know to draft a default judgement to be efile to get signed by the judge.
Thank you for your video. A quick question, what if you have sued for an unspecified amount of money and defendant fail to answer to the lawsuit? Thank you again!
@star...update pls?
Is the state of Texas different in a default judgment I am the plaintiff. Getting ready to serve defendants
Hi, Cynthia! Thank you for reaching out with your question! Unfortunately, our team is not licensed in the state of Texas yet, and we don't yet have any Texas-specific content to share.
I am a Plaintff, Pro Se litigant, I served the attorney, as requested, and he did not respond within thirty days. He responded 5 days late. I filed An affidavit of service and then I filed a default judgment along with other required documents. What motions can he file to contest my default judgment? thanks
Good morning! Thanks for reaching out with your question! What you're asking may be specific to your case, and we cannot answer direct legal questions online. However, you can contact us at 630-324-6666 or email info@oflaherty-law.com. We release new articles weekly, so check back often as we may have another article soon that answers your question!
Can a default judgment be collected for out of state? If I live in California and company in question is from Tennesse and gets a default judgment in California court. Does that default judgment valid in Tennessee? Thank you
Thanks for your question! Unfortunately, our team is not licensed in the state of California or Tennessee yet.
If our case is been going on for two years, can I still file that judgment?
Hi Amanda! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a team member will contact you to discuss this further.
how to can you get a motion to set aside a judgement after 30 days has laps ?
I answered my motion for default, and they still filed another motion for default! What do i do?
Thanks
What if time for answering to the plaintiff passed and lawyer entered in case without answering to the complain?
What does fully submitted no opposition mean in the court system? Is that good for the plaintiff
That means the Defendant did not respond to you. You won.
What can happen if the defendant didn’t show to trial, but was aware of the lawsuit because they replied to it, but is arguing of not receiving trial information? Thanks
Hi Carl! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.
HOW DO I FILL OUT THE ENTRY FOR DEFAULT FROM?
Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.
I kind of have a unique case. I was hit by a red light runner on July 4th of 2020, the driver at fault who ran the red light didn't not have auto insurance but because they are native American driving on reservation (I live in Arizona) they are not required to have auto insurance while on the reservation. I do have uninsured motorist claim and have received money from that but was seeking money from the driver for pain and suffering and other damages caused. I suffered a broken femur in result of the accident. We are scheduled for a hearing for default judgment and was wondering if I can set the amount I wish to receive for this case or does the judge set the amount owed to me.
Is not showing up because you put it in your calendar wrong a reason to grant this application?
The lawyer for my defendant didn't show up and I was awarded judgement. He Called me 2 days later leaving a voice-mail saying he mis-calendarized it and will be filing an application to set aside.
I did not motion for a default. I was asked to plead my case after 10-15 minutes passed to allow defense to call in, they did not and I was awarded the amount.
As far I'm concerned, it was his responsibility to show up after being notified of the date and time for court.
Hi, i just got a motion for default judgement in the mail but ive already set up a payment plan and have been paying More than what they asked every month. Do i need to go to court to explain this or can i just take it up with the company?
Hi Camren, thanks for your question. Check out this article about default judgement cases for more info: www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained.
If you have further questions, please call us at (331) 330-7466 to set up a consultation.
What if the person was served by publication?
I only see default judgment videos for money, what about if you filed a Declaratory Judgment, can a Motion for Default Judgment be used for Declaratory Relief instead of money?
Can one be served by email, is even constitutional?
I believe it's all by certified mail.
I need your help. Just filed a bankruptcy and Wisconsin workforce development is intercepting this. I don’t have a job due to covid 19. They’re pressing me and I don’t have money. Can you please help!?
We're very sorry to hear about your situation. If you chat with us on our website www.oflaherty-law.com/ or give us a call at 630-324-6666, we'd love to point you in the right direction.
Very interesting thank you very much
Glad you enjoyed it
I love your content. Please make more ❤
Good morning! Thanks for watching! We are so glad to hear our content is helpful to you.
Thank you
You're welcome
I need your assistance
We are happy to help, Breezie. Feel free to give us a call at (630)324-6666 to schedule a consultation.
What if you filed an answer, you made payment to the court, have receipts, and mailed a copy to the plaintiff certified mail. But yet the plaintiff still has requested default judgment?? I believe I might of filed the paperwork incorrectly, meaning I went to the clerk for payment. Someone told me I should have gone to the deputy clerk. The clerk took my $175 payment, paperwork and just told me I'll get something in the mail. This was June 21. The plaintiff filed the motion for default on June 22, I received it today 29th :(
Thanks for your question. We have an article that discusses your question more in depth. Here is the link www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained. We hope this helps.
They keep calling me on a default judgment but i don't what it's about no letters in the mail i thought after so many years they couldn't do anything it's been over 12 years
Hi Shayne, thanks for your question. We answer general questions here, but if you would like to get into the specifics of your case, please feel free to give us a call at (630)324-6666 to schedule a consultation.
Will the judge give the plaintiff a second chance to respond
Hi Vegas, thanks for watching! You may be able to find the answer to your question in one of these two articles, if not, we may write an article and video in the near future that answers your question:
www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained
www.oflaherty-law.com/learn-about-law/contempt-of-court-in-illinois-family-law-cases-part-three
Be sure to subscribe to our channel for more videos like this one!
Child Support Enforcement sent a letter stating I owe arrears. I challenged it and Demanded validation of debt and asked to inspect the records..They didn't produce anything at all, and they are now default. What do i do now? File motion to dismiss or to vacate the order? And if so, How and with who? Title IV-D hearings/court and the entire CSEA Administrative not Judicial. With the expedited court process, they can only make summary decisions, not final orders. Only a judge can make a final order. I've never been in front of a real judge and I never contracted with them. Title IV-D is shady and dosent follow the rules
Update pls?
Can I hire you ?
Virginia. Great.
Thanks your feed back it much appreciated.
Default can also be filed against the plaintiff for a victimless crime.
can i set aside post judgment default order which entered like 10+ years ago without my knowledge and if that happens will "statute of limitation" effectively applies for the case in case if the plaintiff(collection agency) decides to continue with the case ?
Hi SASHA1536! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at info@oflaherty-law.com.
Thanks
Thanks for watching! Be sure to subscribe to our channel for more videos like this one!