What is the name of your state (only U.S. law)? Illinois (Cook County)
I saw online today that there was a motion filed by the defense yesterday. I imagine it is to vacate the default judgment entered against them on 9/22 (haven't received service yet). They were properly served (by sheriff service), and I testified that I had contact the other party to resolve the problem as well as the week before the court date to notify them. Also, I have a letter from their attorney that has the case number on it, so they knew about the case. They judge heard our side and awarded us $1600 of the $9900 that we claimed (not a problem, that was the amount we were truly out).
My question is how to approach the motion when we go to court on 10/20. Is it usually cut and dry, the order will be vacated because the motion was filed within 30 days? Or will the court take into consideration that a judge has heard our argument, considered our evidence, and that the other party is blatantly delaying the case? What should I do or say to argue the vacating?
THANKS!
I saw online today that there was a motion filed by the defense yesterday. I imagine it is to vacate the default judgment entered against them on 9/22 (haven't received service yet). They were properly served (by sheriff service), and I testified that I had contact the other party to resolve the problem as well as the week before the court date to notify them. Also, I have a letter from their attorney that has the case number on it, so they knew about the case. They judge heard our side and awarded us $1600 of the $9900 that we claimed (not a problem, that was the amount we were truly out).
My question is how to approach the motion when we go to court on 10/20. Is it usually cut and dry, the order will be vacated because the motion was filed within 30 days? Or will the court take into consideration that a judge has heard our argument, considered our evidence, and that the other party is blatantly delaying the case? What should I do or say to argue the vacating?
THANKS!