Legal Question in Landlord & Tenant Law in Illinois

I am the plaintiff in a small claims case in which the defendent has hired an attorney who filed a petition to have a default judgment overturned, should I write a response to the petition and file it with the court or just show up to court?


Asked on 8/18/10, 1:56 pm

1 Answer from Attorneys

None of us would have a clue what the case is about or what the issues are, so to ask this kind of question is borderline inappropriate. However, if the sole reason the default was entered was some kind of "slip-up" and it's less than 90 days' old and the attorney is being diligent about getting the motion heard, the likelihood of your being able to stop it from being overturned as a general rule is negligible as courts prefer to give everyone their day in court than risk being overturned on appeal due to a technicality..... Where you go from there without an attorney, none of us could say.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 8/24/10, 6:24 pm


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