Illinois Small Claims Court Motion to Vacate Default Judgment

You missed the court date — maybe you never saw the summons, maybe the date slipped, maybe you confused the return date with something else. Now there's a default judgment against you for the amount the court awarded. Illinois gives you two statutory paths to undo it, and the clock starts the day the judgment is entered.

The 30-Day Motion Under 2-1301(e)

Your strongest option is a Motion to Vacate Default Judgment under 735 ILCS 5/2-1301(e). You must file it within 30 calendar days of the date the default judgment order was entered — not the date you found out about it.

Section 2-1301(e) uses a "substantial justice" standard, which is more forgiving than what you'd face in a regular civil case. You don't technically need to prove a complete meritorious defense, though showing the judge you have a real dispute with the plaintiff's claim makes the motion significantly stronger.

File the motion through eFileIL using the standardized motion forms from the Illinois Courts website. The motion should explain why you missed the hearing (illness, never received proper service, scheduling confusion) and state that you intend to defend the case. Serve a copy on the plaintiff or their attorney.

The court typically schedules a brief hearing on the motion. If granted, the default judgment is wiped and the case goes back to square one — you'll get a new hearing date and the chance to present your defense.

The 2-Year Petition Under 2-1401

If more than 30 days have passed since the default judgment, you have up to two years to file a Petition for Relief from Judgment under 735 ILCS 5/2-1401. This is harder. A 2-1401 petition is treated as a new civil proceeding, not just a motion, and you must prove three things by sworn affidavit:

1. You have a meritorious defense to the original claim
2. You were diligent in trying to present that defense in the original case
3. You were diligent in filing the 2-1401 petition after learning about the judgment

All three elements must be satisfied. Missing one is grounds for denial.

Filing Doesn't Stop Collection

Here's what trips up defendants who think filing the motion buys them time: neither a 2-1301(e) motion nor a 2-1401 petition automatically stops the plaintiff from enforcing the judgment. Wage deductions, bank garnishments, and citation-to-discover-assets proceedings can continue while your motion sits on the court's calendar.

To pause enforcement, you need a separate Motion to Stay Enforcement under Supreme Court Rule 305. The judge signs a stay order only if the circumstances justify it — usually when the motion to vacate has a reasonable chance of success and the defendant would suffer irreparable harm from immediate collection.

Act on the 30-Day Window

The difference between the two paths is enormous. The 2-1301(e) motion is designed to be accessible — straightforward standard, standardized forms, no requirement to prove every element of your defense up front. The 2-1401 petition is an uphill evidentiary fight. If you're within the 30-day window, file now.

The Illinois Small Claims Response Guide covers both procedures in detail, including the motion template, the required service steps, and a deadline tracker that counts back from the judgment entry date.

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