An Illinois Petition to Vacate or Set Aside Judgment is a written court request that asks a judge to cancel a prior judgment so the case can be reopened, reheard, or dismissed. It is filed by a party who lost a case, often by default, and who wants the chance to defend the lawsuit on its merits. The form is governed by 735 ILCS 5/2-1301 when filed within 30 days of the judgment, and by 735 ILCS 5/2-1401 when filed after 30 days but within two years.
Filing this petition is one of the most time-sensitive steps in Illinois civil practice. According to the Illinois Courts Statistical Summary, Illinois circuit courts dispose of more than 1.6 million civil cases each year, and a significant share end in default judgments that the defendant never contested. The official statewide form is the Motion to Vacate Judgment approved by the Illinois Supreme Court Commission on Access to Justice.
Here is what you will learn in this guide:
- 📝 How to fill out every field of the standardized Illinois Motion/Petition to Vacate, line by line
- ⏰ How the 30-day rule under 2-1301 differs from the two-year rule under 2-1401
- 💻 How to e-file through eFileIL and when paper filing is allowed
- ⚖️ How to draft the meritorious defense and due diligence affidavits judges expect
- 🛡️ How to avoid the ten most common mistakes that cause petitions to be denied
What the Form Is and Who Must File It
The Illinois Petition to Vacate Judgment is a post-judgment pleading used to ask the circuit court to set aside a final order. The court that entered the judgment is the same court that hears the petition, under Illinois Supreme Court Rule 184 and the venue rules in the Code of Civil Procedure. The current statewide form bears a revision date printed in the lower corner; always confirm you have the latest version on the Illinois Courts approved forms page before you file.
Anyone who is a named party to a case can file. That includes defendants in collections lawsuits, tenants in eviction cases, parents in family law cases, and judgment debtors facing wage garnishment or a citation to discover assets. Non-parties who claim an interest in the property affected can also use Section 2-1401(f) in limited cases, such as voiding a judgment for lack of personal jurisdiction.
The petition serves three purposes. First, it pauses or undoes enforcement actions tied to the judgment, like garnishments and liens. Second, it gives the moving party a chance to present a meritorious defense. Third, it forces the court to consider whether the original judgment was procured fairly, which protects due process under the Illinois Constitution Article I, Section 2.
A petition under 2-1301 is informal and routinely granted if filed promptly and in good faith. A petition under 2-1401 is more demanding and requires verified facts, a meritorious defense, and due diligence in both the original action and in seeking relief. A petition under 2-1401(b-5) provides special relief for victims of coerced debt and human trafficking.
Before You Start: Documents and Information You Need
Gather everything below before you open the form. Filing without these items causes rejections, continuances, and missed deadlines, especially when the 30-day clock under Section 2-1301 is running.
- The exact case number. This appears in the upper right of every order. Without it the clerk cannot route your filing.
- A certified or stamped copy of the judgment. You attach this as Exhibit A so the judge can see what you are asking to vacate.
- The summons and proof of service. This shows whether you were served properly, which is often the heart of the petition.
- Your proposed answer or responsive pleading. Judges in Cook, DuPage, Lake, Will, and Kane counties routinely require this attachment.
- Documents that support your meritorious defense. Receipts, contracts, payment records, identity theft reports, or affidavits.
- Your government-issued ID and current address. Required for verification and for service of future notices.
- A working email address registered with eFileIL. Mandatory for most civil filings under Illinois Supreme Court Rule 9.
- The filing fee or a completed Application for Waiver of Court Fees. Fees vary by county and by the underlying case type.
- A proposed order granting the motion. Many judges will not rule without one.
- A notarized or 1-109 verified affidavit if filing under 2-1401. Verification is required by statute.
Missing any item slows the case. For example, if Marcus forgets his proposed answer, the Cook County motion judge will likely strike the motion and reset it, costing him another 28 days while a wage garnishment continues.
Where to Get the Form and How to Access It
The statewide approved form is the Motion to Vacate or Modify Judgment hosted on the Illinois Courts website. It is free, fillable, and accepted in every Illinois circuit court. The form was developed by the Commission on Access to Justice so self-represented litigants have a uniform document.
For Cook County collections cases, you can also use the Cook County Clerk of the Circuit Court forms library which mirrors the statewide form but adds a local case number block. DuPage County, Lake County, and Will County each post comparable versions on their clerk websites, such as the DuPage County Clerk forms page and the Lake County Clerk forms page.
You can complete the form three ways. The first is to download the PDF and type into the fillable boxes using free software like Adobe Acrobat Reader. The second is to print and handwrite using black ink in legible block letters. The third is to use Illinois Legal Aid Online’s guided interview which assembles the form for you and produces a print-and-file packet.
If you cannot afford the filing fee, attach the Application for Waiver of Court Fees at the same time. The application is reviewed quickly, and approval lets you file the petition without paying the motion fee.
Step-by-Step: How to Fill Out the Illinois Motion to Vacate Judgment Line by Line
This is the heart of the form. Each numbered field below matches the official statewide PDF. Use the exact field names printed on the form. Italicized text shows what a sample filer actually writes in the box.
Caption: County and Judicial Circuit
This field asks which Illinois county and judicial circuit your case is in. Write the county name in the first blank and the numbered judicial circuit in the second.
To answer it, look at the upper-left corner of any prior order in your case. Copy the county name in capital letters, then enter the circuit number that matches that county under the Illinois judicial circuit map.
For example, Maria’s collections case is in Chicago, so she writes COOK in the county blank and CIRCUIT COURT OF COOK COUNTY in the court blank.
A common nuance arises in counties that share a circuit, like DuPage which is its own 18th Circuit, or McHenry which sits in the 22nd. Use the circuit assigned to that specific county, not a neighboring one.
A common mistake is writing “Illinois” instead of the county. The clerk will reject the filing because it cannot be routed to a courtroom.
A misconception is that the federal district matters. It does not. This form is only for Illinois state circuit courts.
Caption: Plaintiff and Defendant Names
This field asks for the full names of the parties exactly as they appeared in the original lawsuit. Enter the plaintiff first, then the defendant.
To answer it, copy the names letter for letter from the summons or the judgment order. Do not shorten LLC, Inc., or N.A.
For example, MIDLAND CREDIT MANAGEMENT, INC. goes in the plaintiff line, and MARIA L. LOPEZ goes in the defendant line.
A nuance is when the plaintiff is a debt buyer that bought the account from another company. Use the current plaintiff of record, not the original creditor.
A common mistake is reversing the parties because you, the filer, think of yourself first. The clerk will treat your motion as filed in the wrong case if the caption does not match.
A misconception is that adding “Pro Se” after your name in the caption is required. It is not. Pro se status is shown by your signature block, not the caption.
Case Number
This field asks for the unique number assigned by the circuit clerk when the case was opened. Write it exactly as printed.
To answer it, copy the number from any order, summons, or notice. Illinois case numbers usually follow a pattern like 2024-M1-123456 in Cook County or 2024-LM-000456 in collar counties.
For example, Marcus writes 2024 M1 145678 on the case number line because that is what appears on his default judgment order.
A nuance is that some counties use spaces, hyphens, or no punctuation. Match the format on the original order character for character.
A common mistake is dropping the year prefix. Without it, the clerk’s docketing system cannot find your case, and your motion may be filed as a new lawsuit by mistake.
A misconception is that you can guess or approximate the number. You cannot. A wrong digit is treated as a wrong case.
Movant Identification
This field asks who is filing the motion. Check the box for Plaintiff or Defendant and write your full legal name.
To answer it, mark only one box and print your name in capital letters. If multiple defendants are filing together, list each name and have each sign.
For example, Defendant Maria L. Lopez checks the Defendant box and writes her name in the blank.
A nuance is when a third party files under 2-1401(f). That filer adds “Petitioner, non-party” and explains the interest in the supporting paragraphs.
A common mistake is checking both boxes. The clerk may reject the form, or the judge may strike it for ambiguity.
A misconception is that initials are acceptable. They are not. Use your full legal name as it appears on your ID.
Date of the Judgment You Want Vacated
This field asks for the date the court entered the judgment you are challenging. Use MM/DD/YYYY format.
To answer it, look at the file-stamp on the judgment order, not the date you received it in the mail. Copy that date into the box.
For example, Janet’s eviction judgment was entered on April 2, 2026, so she writes 04/02/2026.
A nuance is when there are multiple orders, like a default plus a separate damages order. Use the date of the order you want vacated; you may need a second motion for the other.
A common mistake is using the date of mailing or notice. That is not the entry date, and it can make a 2-1301 filing look untimely when it is not.
A misconception is that the judgment date and your service date are the same. They almost never are.
Type of Judgment
This field asks whether the judgment was a default, after trial, by stipulation, or otherwise. Check the appropriate box.
To answer it, read the order. If it says “default judgment” or “ex parte,” check default. If trial happened, check after trial.
For example, Marcus checks Default Judgment because he never appeared.
A nuance is a “judgment on the pleadings,” which is technically not a default but is treated similarly for vacatur purposes. Check Other and write the description.
A common mistake is checking after trial when you actually missed a prove-up. Default is the correct box.
A misconception is that a judgment entered after a status hearing cannot be a default. It can, if you failed to appear.
Statutory Basis: 2-1301 or 2-1401
This field asks which statute authorizes your motion. Check 2-1301 if you are within 30 days of the judgment, or 2-1401 if you are between 30 days and two years after.
To answer it, count days from the judgment date to today, including weekends. If 30 or fewer, use 2-1301. If more, use 2-1401.
For example, Maria filed 12 days after the judgment, so she checks 2-1301.
A nuance is the 2-1401(b-5) box for coerced debt or trafficking-related judgments. There is no two-year cap on those petitions.
A common mistake is filing under 2-1301 on day 31. The court loses jurisdiction over 2-1301 motions after 30 days, and the motion will be denied.
A misconception is that filing extends the 30 days. Filing must occur within the 30 days, not just be drafted by then.
Reason the Judgment Should Be Vacated
This field asks for a short statement of why the court should set aside the judgment. Write it in plain language.
To answer it, describe what happened. Common reasons include never being served, being served at the wrong address, being misled about settlement, identity theft, or having a defense that was never heard.
For example, Maria writes I was never personally served. The summons was left at an old address where I have not lived since 2021. I have a complete defense because the alleged debt is not mine.
A nuance under 2-1401 is that you must also allege diligence in the original action and in bringing the petition, per Smith v. Airoom (114 Ill. 2d 209).
A common mistake is writing only “I disagree.” That is not a legal basis. The motion will be denied.
A misconception is that the judge will read between the lines. Judges read what is written. Be specific.
Meritorious Defense Statement
This field asks you to describe the defense you would present if the case were reopened. Be concrete.
To answer it, list the facts that show you would likely win or substantially reduce the judgment. Examples include payment, statute of limitations, mistaken identity, lack of contract, or fraud.
For example, Marcus writes The alleged debt is barred by the five-year statute of limitations under 735 ILCS 5/13-205. The last payment was in 2018 and the suit was filed in 2024.
A nuance is that under 2-1301, the meritorious defense requirement is relaxed. Under 2-1401, it is mandatory and must be supported by affidavit.
A common mistake is writing “I have a defense” without naming it. The court will deny the motion for lack of specificity.
A misconception is that you must prove the defense at this stage. You only need to allege it with enough facts that, if true, would change the outcome.
Due Diligence Statement (2-1401 only)
This field asks why you did not act sooner. It is required only for 2-1401 petitions.
To answer it, explain when and how you learned of the judgment, and what you did between learning and filing. Dates and steps matter.
For example, Marcus writes I first learned of the judgment on March 1, 2026, when my employer received a wage deduction order. I contacted Legal Aid on March 3, gathered records on March 10, and filed this petition on March 18, 2026.
A nuance is that diligence has two parts: diligence in the original case and diligence in seeking relief. Both must be shown.
A common mistake is omitting dates. Without dates, the judge cannot evaluate diligence and will deny the petition.
A misconception is that being busy or scared excuses delay. Courts have rejected those excuses repeatedly under People v. Vincent.
Notice of Motion
This part asks for the date, time, and courtroom where the motion will be heard. The notice tells the other side when to appear.
To answer it, check your county’s motion call schedule or call the clerk to get an available date. Many counties require at least seven days’ notice.
For example, Maria writes Hearing date: 06/15/2026, 9:30 a.m., Courtroom 1402, Daley Center, 50 W. Washington, Chicago, IL.
A nuance in Cook County is that motions to vacate in M1 collections are routed to Room 1402 for the Municipal Department First District.
A common mistake is leaving the date blank. The clerk may reject the notice, or opposing counsel may not appear, forcing a reset.
A misconception is that you can pick any date. You must use a date the judge actually hears motions of this type.
Verification and Signature
This part is your sworn signature confirming the facts are true. It satisfies 735 ILCS 5/1-109.
To answer it, sign and date in blue or black ink. Print your name, address, phone number, and email below the signature line.
For example, Janet signs Janet R. Patel, dates 05/04/2026, and prints her contact information.
A nuance is that 2-1401 petitions must be verified, not just signed, which means the 1-109 statement is mandatory and the petition acts as an affidavit.
A common mistake is signing only the notice and not the petition. Both signatures are required.
A misconception is that a notary is always required. Section 1-109 verification replaces notarization for most motions, though some counties still prefer a notarized affidavit.
Proof of Service
This part shows how and when you delivered the motion to the other side. Service is required under Illinois Supreme Court Rule 11.
To answer it, choose a service method (email, U.S. mail, third-party commercial carrier, or personal delivery), list the recipient’s address or email, and write the date served.
For example, Maria writes Served via email to attorney@plaintifflawfirm.com on 05/22/2026 pursuant to Rule 11.
A nuance is that under Rule 11, email service is the default for represented parties. Mail is allowed only if email is unavailable.
A common mistake is forgetting to serve opposing counsel at all. The judge will strike the motion for lack of notice.
A misconception is that filing through eFileIL also serves the other side. It does not unless e-service is selected.
Three Filled-Out Examples Using Real Scenarios
Each scenario below follows one filer from start to finish, showing what they enter on the statewide Motion to Vacate Judgment.
Scenario 1: Maria, Collections Default Within 30 Days
| Form Section | What Maria Enters |
|---|---|
| County and Court | COOK / Circuit Court of Cook County |
| Plaintiff / Defendant | MIDLAND CREDIT MANAGEMENT, INC. v. MARIA L. LOPEZ |
| Case Number | 2026 M1 045123 |
| Movant | Defendant Maria L. Lopez |
| Date of Judgment | 05/10/2026 |
| Type of Judgment | Default Judgment |
| Statutory Basis | 735 ILCS 5/2-1301 |
| Reason | Never personally served; summons left at old address |
| Meritorious Defense | Account is not mine; police identity theft report attached |
| Notice of Motion | 06/05/2026, 9:30 a.m., Room 1402, Daley Center |
| Signature | Maria L. Lopez, 05/22/2026 |
| Proof of Service | Emailed to plaintiff counsel 05/22/2026 |
Scenario 2: Marcus, Default Discovered After Wage Garnishment
| Form Section | What Marcus Enters |
|---|---|
| County and Court | WILL / Circuit Court of Will County, 12th Judicial Circuit |
| Plaintiff / Defendant | LVNV FUNDING, LLC v. MARCUS T. JONES |
| Case Number | 2025 LM 000789 |
| Movant | Defendant Marcus T. Jones |
| Date of Judgment | 07/15/2025 |
| Type of Judgment | Default Judgment |
| Statutory Basis | 735 ILCS 5/2-1401 |
| Reason | Statute of limitations expired before suit filed |
| Meritorious Defense | Last payment 2018; 5-year SOL under 735 ILCS 5/13-205 |
| Due Diligence | Learned of judgment 03/01/2026 via wage deduction order; filed 03/18/2026 |
| Verification | Verified under 735 ILCS 5/1-109 |
| Notice of Motion | 04/10/2026, 10:00 a.m., Joliet Courthouse Room 207 |
Scenario 3: Janet, Eviction Judgment Entered in Absentia
| Form Section | What Janet Enters |
|---|---|
| County and Court | LAKE / Circuit Court of Lake County, 19th Judicial Circuit |
| Plaintiff / Defendant | OAKWOOD APARTMENTS LP v. JANET R. PATEL |
| Case Number | 2026 LM 000234 |
| Movant | Defendant Janet R. Patel |
| Date of Judgment | 04/02/2026 |
| Type of Judgment | Default Judgment for Possession |
| Statutory Basis | 735 ILCS 5/2-1301 |
| Reason | Hospitalized on hearing date; medical records attached |
| Meritorious Defense | Rent paid in full per receipts; landlord refused to credit account |
| Notice of Motion | 04/22/2026, 9:00 a.m., Waukegan Courthouse Room C-401 |
| Verification | Janet R. Patel, signed and dated 04/15/2026 |
| Proof of Service | Emailed to landlord counsel and mailed copy |
How to File the Completed Form
Illinois requires e-filing for most civil cases under Illinois Supreme Court Rule 9. Self-represented filers may request an exemption for hardship or technological barriers.
E-filing through eFileIL. Go to efile.illinoiscourts.gov, create an account, and select your county, case, and document type. The motion fee for a post-judgment motion is typically $60 to $90 depending on the county and case type, with payment by Visa, MasterCard, Discover, or e-check. Processing usually takes one to two business days. Save the file-stamped PDF as your proof of filing.
Filing by mail. If you have an approved e-filing exemption, mail the original signed motion plus required copies to the circuit clerk. For Cook County, that is the Clerk of the Circuit Court of Cook County, 50 W. Washington, Room 1001, Chicago, IL 60602. Include a check or money order for the fee, payable to the clerk, and a self-addressed stamped envelope to receive a file-stamped copy.
Filing in person. Bring the original and two copies to the clerk’s intake counter during business hours. Pay by cash, money order, or accepted card. Ask for a date-stamped copy and keep it.
Filing by fax. Most Illinois clerks no longer accept fax filings under the e-filing mandate. Confirm with your county before relying on fax.
For each channel, keep your file-stamped copy, your transaction receipt from eFileIL, and your proof of service. Those three documents are your shield if any party later claims the motion was not filed or served.
What Happens After You File
Once the motion is filed and served, the court holds a hearing on the date listed in the notice. For a 2-1301 motion filed within 30 days, the hearing is short and the standard is liberal: any reasonable basis plus a meritorious defense is usually enough, per In re Haley D..
For a 2-1401 petition, the court treats the petition like a new pleading. The other side has 30 days to answer or move to dismiss. If contested, the court may schedule discovery and an evidentiary hearing under Supreme Court Rule 105.
If the motion is granted, the original judgment is vacated and the case is set for further proceedings. Wage garnishments and citations to discover assets are stayed or dismissed. If denied, you have 30 days to appeal to the Illinois Appellate Court under Supreme Court Rule 303.
Plan for follow-up. Even after a vacatur, you must file an answer, attend the next status, and prepare for trial or settlement. Vacating the judgment reopens the fight; it does not end it.
Mistakes to Avoid When Filling Out the Form
- Filing on day 31 under 2-1301. The court loses authority and must deny the motion as untimely.
- Skipping the meritorious defense. Without it, even a timely 2-1301 motion can be denied.
- Leaving the case number blank or wrong. The clerk cannot route the filing, and the deadline runs while you fix it.
- Forgetting the notice of motion. No notice means no hearing, and the motion sits unheard.
- Not serving opposing counsel. The judge will strike the motion for lack of Rule 11 service.
- Omitting due diligence on a 2-1401 petition. This is the single most common reason 2-1401 petitions fail.
- Failing to verify under 1-109. A 2-1401 petition without verification is treated as no petition at all.
- Filing without a proposed answer. Many judges require it as proof you can defend the case.
- Paying no fee and no waiver application. The clerk will reject the filing.
- Using the wrong county or circuit. The motion must be filed in the same court that entered the judgment.
Do’s and Don’ts
Do:
- Do count the 30 days carefully, because weekends and holidays count.
- Do attach the judgment, summons, and proof of service as exhibits, because the judge needs the record.
- Do keep copies of every filing, because clerks lose paper from time to time.
- Do appear on the hearing date, because failure to appear means denial.
- Do consider Illinois Legal Aid Online’s tools for free guided help, because pro se errors are common.
- Do check whether the underlying debt is barred, because statute of limitations is a strong defense.
Don’t:
- Don’t sign the motion under 2-1401 without verifying it, because unverified petitions are dismissed.
- Don’t rely on phone calls to opposing counsel, because only filed motions stop enforcement.
- Don’t ignore wage garnishments while the motion is pending, because some require a separate stay request.
- Don’t paraphrase field labels on the form, because clerks scan for exact wording.
- Don’t skip the proposed order, because many judges will not rule without one.
- Don’t assume the judgment is vacated until you have a signed order in hand.
Pros and Cons of Filing on Your Own vs. With Help
Pros of filing pro se:
- It is free or nearly free, because there are no attorney fees.
- The standardized Illinois Courts forms are designed for self-represented filers.
- Motions under 2-1301 are routinely granted when filed promptly, even without a lawyer.
- You control timing and strategy.
- Free help is available through Illinois Legal Aid Online and county self-help desks.
Cons of filing pro se:
- 2-1401 petitions require legal arguments most non-lawyers find difficult, like due diligence under Smith v. Airoom.
- Procedural mistakes, like missed verification, can sink an otherwise strong case.
- You may miss defenses such as statute of limitations or improper service.
- Opposing counsel will use procedural rules against unrepresented filers.
- A denied petition is hard to revive; appeal deadlines are short.
FAQs
Do I have to file within 30 days to vacate a default judgment in Illinois?
Yes. To use the easier 2-1301 standard, file within 30 days. After 30 days you must use 2-1401 and meet a tougher standard, including verified facts and due diligence.
Can I vacate a judgment more than two years old?
No. The general two-year limit under 2-1401 applies. Exceptions exist for void judgments, fraudulently concealed claims, coerced debt, and trafficking-related judgments.
Do I need a lawyer to file this motion?
No. You can file pro se using the statewide Motion to Vacate Judgment. A lawyer helps with 2-1401 petitions and contested matters.
Is there a filing fee?
Yes. Most counties charge $60 to $90 for post-judgment motions. You may apply for a fee waiver using the Application for Waiver of Court Fees.
Do I write my full legal name or my nickname in the movant box?
Yes, use your full legal name as it appears on the case caption and your government ID. Nicknames cause mismatches and clerk rejections.
Should I list the original creditor or the current plaintiff in the caption?
Yes, list the current plaintiff of record, even if it is a debt buyer. The caption must match the existing case exactly.
Do I check 2-1301 or 2-1401 if I am right at day 30?
Yes, check 2-1301 if you can file by end of day 30. If anything risks delay, also include 2-1401 as an alternative basis.
Do I need to attach a proposed answer?
Yes, most Illinois judges expect it as proof you can defend the case. It is required by local rule in several counties.
Will filing the motion stop a wage garnishment?
No, not automatically. You usually must request a stay of enforcement or a turnover hold along with the motion.
Can I file by mail if I do not have a computer?
Yes, but only with an approved e-filing exemption. Otherwise, e-filing through eFileIL is required.
Do I need to notarize the petition under 2-1401?
No, a Section 1-109 verification replaces notarization in most counties. Some judges still prefer a notarized affidavit for key facts.
What happens if the judge denies my motion?
No further trial-court relief is automatic. You have 30 days to appeal under Supreme Court Rule 303 or to seek reconsideration.
Can I vacate an eviction judgment after I have already been locked out?
Yes, but quickly. File under 2-1301 within 30 days and request a stay of the order of possession. Possession may be restored if facts justify it.
Does it matter if I was served at the wrong address?
Yes. Improper service can make the judgment void, which can be challenged at any time under 2-1401(f), without the two-year limit.
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