Chicago, IL asked in Small Claims for Illinois

Q: Can I be taken back to court for a small claim case that was already dismissed? I appeared but the plaintiff did not.

I was being sued by a finance company for the balance of a reposessed vehicle. I live in Indiana but they are out of Illinois. I appeared in court, they did not. The judge then dismissed the case. Two weeks later I receive a letter showing that they filed a motion to vacate the dismissal. I feel like that's wrong. If I would have missed they would have indefinitely placed a default judgement on me. Please help

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1 Lawyer Answer
Josh Rohrscheib
Josh Rohrscheib
  • Bloomington, IL
  • Licensed in Illinois

A: If you would have been defaulted, the court would almost certainly allow you to vacate the default if you moved to do so within 30 days. Courts prefer for disputes to be decided on the merits rather than on a default basis. You should consider hiring a lawyer to defend your position. Good luck.

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