Add Attestant Default with airSlate SignNow

Add attestant default

Halloween BL TV program is brought to you by O'Flaherty law please enjoy welcome to learn about law my name is kevin o Flaherty from a flirty law and today we're going to explain motions for default judgment in Illinois civil litigation so what is a default judgment a judgment is a judgment against the defendant in a case that isn't based on a hearing on the merits of the case it's based on the defendant failing to participate properly in the case so this often happens at the outset of a case and I'll explain how that works so when a case is initiated a plaintiff files a complaint that lays out the allegations that would entitle them to relief from the court and a summons that's States and tells the defendant when the first court date is and tells them about their obligation to file an answer to the complaint an answer is a document that admits or denies the allegations of the complaint so when that first court date shows up if the defendant isn't there and hasn't filed an answer and the plaintiff can prove through the affidavit of the sheriff or special process server that the defendant was in fact properly served with the complaint and the summons and all the documents are in order then what the court will do will be to issue a default judgment and courts don't always do this take the plaintiffs a word for what is owed by the defendant even in a default judgment situation so what will often happen will be a default will be entered and the case will be scheduled for a second court date for something called the prove up and this is when the plaintiff will go and bring the documents showing yes I here's the contract I had with this person I testify that he hasn't paid the contract they'll have to prove the dollar amount owed and the court will enter judgment in the plaintiffs favor a default judgment in the plaintiffs favor for the amount that they can prove that is owed now it's not a it's not always a rigorous exercise to prove something like this sometimes depending on the court you just need to prove that that the defendant was properly served in order to get the default judgment sometimes the default judgment will be entered in the same court date as as the first court that the defendant fails to appear at and so this default judgment once it's entered is just as good as any other judgment against the defendant with one caveat within 30 days if the defendant chooses to file a motion to vacate the default judgment the default judgment is almost always basically overturned in the case continues as normal so once the judgment basically passes this 30-day period then it's enforceable just like any other judgment we when we get a default judgment against the defendant though we usually wait 30 days before trying to enforce it because we know that if within 30 days of the judgment being entered the defendant enters a motion to vacate the default judgments gonna be overturned in the case is going to continue as normal they don't really even have to show much of a reason why they didn't participate in the case now after that 30-day window closes in order to get the default judgment overturned the defendant will basically have to show that they weren't properly served or there's basically they have to show a really really good reason why they weren't participating in the court data and why they let it go past 30 days so usually what that comes down to is there was some sort of error in the sheriff's affidavit or something wrong with service and then they can get the default judgment overturned but once the default judgment is entered that 30 day period of lapses and you feel pretty good about that this judgment has been solidified again then it can be enforced just like a judgment based on the merits of the case we talked about what happens when a defendant doesn't show up to the case but a default judgment can can happen basically anytime in the case and parties are or the representatives are required to appear at all court appearances and depending on the nature of the court appearance if one party fails to show up the the judge may enter default judgment against the the defendant if the plaintiff fails to show up the they may have their case dismissed so it's that's the equivalent of the default judgment so that's basically what you need to know about default judgments again the bottom line is they're enforceable just like any other judgment but you should probably wait 30 days before trying to enforce them because within the 30-day window they can be overturned if you have any questions please leave a comment at our comment section at learn - about - live , under the post we try to respond within about 24 hours if you find this find this helpful please subscribe to us on YouTube iTunes and SoundCloud and feel free to call us for a free consultation at six three zero three two four six six six six thank you so much for listening thanks so much for watching our video if you have any questions feel free to comment below click the subscribe button for new videos every week and download and review us on iTunes visit learn - about - law comm for other legal related articles and videos visit our business podcast and video blog seizure business comm and visit making real estate fun for real estate videos and podcasts call us at six three zero three two four six six six six for a free consultation