Illinois | Disability Law
Legal Question
Vacating an old judgement, amending the first motion
I filed a combined motion to quash service (as the summons went to the wrong address) and to vacate an old judgment (3 years old).
The other side has now said that I improperly invoked the Court's jurisdication, as I need to use section 2-1401 to invoke this.
They filed a motion to strike mine. WHAT DO I DO?
- Can I file a NEW motion with section 2-1401 used for the part of vacating the judgment? Under the law, there is this subsection:
(f) Nothing contained in this Section affects any existing right to relief from a void order or judgment, or to employ any existing method to procure that relief.
I was wondering IF I can file a new motion to vacate the judgment based off this, and combine it with the service quashing motion.
Will the court accept a new motion - same direction as the earlier one, but modified to invoke jurisdication based of 2-1401?
Please advise how motions can be used here.
HOW do I ask for vacating the judgement? Can I just do this under section 2-1401? May I combine it with other laws?
My current plan is to file a NEW MOTION that asks to vacate a judement based on 2-1401.
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Read More Answered By: Nima Taradji |
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