How do I set aside a default judgment in Illinois?

1. Governing Rule. 735 ILCS 5/2-1301(e) governs motions to vacate within 30 days; 735 ILCS 5/2-1401 governs petitions filed more than 30 days after entry. Illinois Supreme Court Rule 304(b)(3) makes denials immediately appealable.

2. Grounds. Within 30 days: any reason consistent with substantial justice. After 30 days: due diligence in defending, due diligence in filing the petition, a meritorious defense, and newly discovered facts that would have prevented the judgment. Void judgments may be attacked at any time under § 2-1401(f).

3. Deadline. Section 2-1301(e): 30 days from entry. Section 2-1401: between 30 days and 2 years (excluding time of legal disability, duress, or fraudulent concealment). Void judgments: no time limit.

4. Mandatory vs Discretionary. Section 2-1301 vacatur is liberally granted in the interest of substantial justice (Mann v. Upjohn Co., 324 Ill. App. 3d 367). Section 2-1401 is discretionary on a showing of due diligence and meritorious defense.

5. Required Showing. § 2-1301: simple motion + reasonable explanation. § 2-1401: verified petition with affidavits supporting due diligence and meritorious defense.

6. Filing Procedure. File motion (§ 2-1301) or verified petition (§ 2-1401) with proposed answer; serve all parties per Illinois Supreme Court Rule 105/106 for § 2-1401.

7. Bond / Conditions. Court may condition relief on payment of costs and fees.

8. Appeal of Denial. Orders denying § 2-1401 petitions are immediately appealable under Rule 304(b)(3). § 2-1301 denials are appealable from the final order.

9. Collateral Attack. Void judgments are subject to collateral attack at any time under People v. Vincent, 226 Ill. 2d 1.

This is legal information, not legal advice.