Motions for Default Judgment | Learn About Law

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  • Опубліковано 7 вер 2024
  • In this episode, we will explain default judgments in Illinois. We will answer the questions: “what is a default judgment?” and “what is a prove-up for a default judgment?” We will also explain what it means to vacate a default judgment in Illinois.
    #DefaultJudgment #LawHelp
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КОМЕНТАРІ • 66

  • @johnnykurplutzo6789
    @johnnykurplutzo6789 2 роки тому +5

    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

    • @vegas9440
      @vegas9440 2 роки тому

      It’s sooooo much to law.

    • @amorite4404
      @amorite4404 2 роки тому

      @@vegas9440 Too bad it's not law, clearly two distinguished venue's, legal and law are two different creatures.

    • @amorite4404
      @amorite4404 2 роки тому +1

      I foolishly hired a barrister for family court, that their shows up after the case as if nothing happened. Woe unto you lawyers!!!

  • @beatsfromthecosmos
    @beatsfromthecosmos 2 роки тому +3

    Really good video..high in knowledge and straight complete

    • @Learn-about-law
      @Learn-about-law  2 роки тому +1

      Thanks for watching! Be sure to subscribe for more videos like this one.

  • @jacobcage8633
    @jacobcage8633 Рік тому +1

    I needed to know to draft a default judgement to be efile to get signed by the judge.

  • @adianneredwolf8165
    @adianneredwolf8165 2 роки тому +1

    Thanks

  • @Adzahrion
    @Adzahrion 4 роки тому +3

    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?

  • @iheartherbs
    @iheartherbs 5 місяців тому

    I love your content. Please make more ❤

    • @Learn-about-law
      @Learn-about-law  5 місяців тому

      Good morning! Thanks for watching! We are so glad to hear our content is helpful to you.

  • @Star-si9uc
    @Star-si9uc 3 роки тому +1

    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!

  • @readingisfundamental3017
    @readingisfundamental3017 4 роки тому +1

    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?

  • @jamiebranch8150
    @jamiebranch8150 29 днів тому

    Does this also apply in federal court?

  • @adelinehorst7359
    @adelinehorst7359 2 роки тому

    Very interesting thank you very much

  • @user-pz7rn7ft3e
    @user-pz7rn7ft3e 10 місяців тому

    How do I determine which form to complete a motion for default in Cook County small claims court?

  • @SASHA1536
    @SASHA1536 Місяць тому

    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 ?

    • @Learn-about-law
      @Learn-about-law  Місяць тому

      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.

  • @BOUTDATBLESSING
    @BOUTDATBLESSING 2 роки тому

    Thank you

  • @carliroguil2101
    @carliroguil2101 7 місяців тому

    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

    • @Learn-about-law
      @Learn-about-law  7 місяців тому

      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.

  • @amaqw
    @amaqw Рік тому

    What if time for answering to the plaintiff passed and lawyer entered in case without answering to the complain?

  • @Moco925
    @Moco925 Рік тому

    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.

  • @evictioncarpentry2628
    @evictioncarpentry2628 Рік тому

    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.

  • @benasperbenasper6663
    @benasperbenasper6663 9 місяців тому

    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

    • @Learn-about-law
      @Learn-about-law  9 місяців тому

      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!

  • @anitrawhite1
    @anitrawhite1 2 роки тому

    how to can you get a motion to set aside a judgement after 30 days has laps ?

  • @MoLifeTeaTV
    @MoLifeTeaTV Рік тому

    What if the person was served by publication?

  • @tchakeemn
    @tchakeemn Рік тому

    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?

  • @amandapandakrueger
    @amandapandakrueger 10 місяців тому

    If our case is been going on for two years, can I still file that judgment?

    • @Learn-about-law
      @Learn-about-law  10 місяців тому

      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.

  • @Dr-AK
    @Dr-AK Рік тому

    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

    • @Learn-about-law
      @Learn-about-law  Рік тому

      Thanks for your question! Unfortunately, our team is not licensed in the state of California or Tennessee yet.

  • @chadwolfeschledgelsteinhau9697
    @chadwolfeschledgelsteinhau9697 3 роки тому

    I answered my motion for default, and they still filed another motion for default! What do i do?

  • @pp13112
    @pp13112 4 роки тому

    What does fully submitted no opposition mean in the court system? Is that good for the plaintiff

    • @chriswilson6741
      @chriswilson6741 3 роки тому

      That means the Defendant did not respond to you. You won.

  • @user3657
    @user3657 2 роки тому

    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 :(

    • @Learn-about-law
      @Learn-about-law  2 роки тому

      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.

  • @54601nina
    @54601nina 4 роки тому

    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!?

    • @Learn-about-law
      @Learn-about-law  4 роки тому

      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.

  • @shaungorham7959
    @shaungorham7959 2 роки тому

    Virginia. Great.

  • @camrensylva3048
    @camrensylva3048 4 роки тому

    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?

    • @Learn-about-law
      @Learn-about-law  4 роки тому

      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.

  • @vegas9440
    @vegas9440 2 роки тому

    Will the judge give the plaintiff a second chance to respond

    • @Learn-about-law
      @Learn-about-law  2 роки тому

      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!

  • @timtwohig8040
    @timtwohig8040 3 роки тому

    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

  • @shaynewhite4545
    @shaynewhite4545 4 роки тому

    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

    • @Learn-about-law
      @Learn-about-law  4 роки тому

      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.

  • @neogaki
    @neogaki 3 роки тому

    Can one be served by email, is even constitutional?

  • @jinnidog5480
    @jinnidog5480 Рік тому

    Default can also be filed against the plaintiff for a victimless crime.

  • @breezienwi5243
    @breezienwi5243 5 років тому

    I need your assistance

    • @Learn-about-law
      @Learn-about-law  5 років тому

      We are happy to help, Breezie. Feel free to give us a call at (630)324-6666 to schedule a consultation.

  • @alpaka9408
    @alpaka9408 2 роки тому

    Can I hire you ?

  • @deweydemetro2528
    @deweydemetro2528 8 місяців тому

    HOW DO I FILL OUT THE ENTRY FOR DEFAULT FROM?

    • @Learn-about-law
      @Learn-about-law  8 місяців тому

      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.

  • @macksphoenix1179
    @macksphoenix1179 9 місяців тому

    Thanks

    • @Learn-about-law
      @Learn-about-law  9 місяців тому

      Thanks for watching! Be sure to subscribe to our channel for more videos like this one!

  • @SupremeGrace18
    @SupremeGrace18 5 років тому +1

    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?

    • @Learn-about-law
      @Learn-about-law  5 років тому +1

      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

    • @SupremeGrace18
      @SupremeGrace18 5 років тому +1

      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!