Legal Question in Civil Litigation in Illinois

Small claims default/defendant files motion, i assume to stop default

I filed a small claim case for $3K in April, a court date set for 5/4. The defendant, a parking garage company, received a summons via the Cook County Sherriff 4/15 but did not file appearance fees by the end of 5/4. The case was set on Default Call for a 5/18 date. Per Cook Co's online case info, I found out today that on 5/12, several events occured: the company, via their attorney had a) notice of motion filed b) proof of service filed c) motion filed and d) motion spindled. A court date under the last entry says 5/19.

My questions are a)what exactly are ''notice of motion filed'' and ''proof of service filed'' b) im asumming the company is trying to get the default overturned, is this the most likely case and what tends to happen with such motions c) is there any significance that the 5/18 court date - which originally i thought would be where the judge rules in default a win to me - is before the 5/19 motion spindled item date. d) i originally had a witness for the 5/4 date, should i bring him to the 5/18 or 5/19 dates


Asked on 5/13/04, 11:50 am

1 Answer from Attorneys
Michael Perez Law Office of Michael A. Perez

Re: Small claims default/defendant files motion, i assume to stop default

The defendant filed a motion. When you spindle a motion it just means that you are setting it on the court calendar. You will receive a written copy and the notice of motion. You still have to appear on the 18th on your default date. The court will vacate the default and set the matter for status sometime in June or July. Unfortunately you are back at square one. Good luck

Michael A. Perez

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Answered on 5/13/04, 11:59 am


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