Default Judgments — What They Are and How to Avoid or Fix Them

Guide last updated: April 17, 2026. Hazard class: court deadlines. Civic education by a Concerned Parent.

The short version

A default judgment is a court ruling entered against a defendant who failed to respond to a lawsuit or appear at a hearing. Default judgments often result in wage garnishment, bank levies, and credit damage. Many default judgments can be vacated (set aside) if the defendant moves quickly with a good reason. If you are sued, always respond and appear — ignoring a lawsuit is how defaults happen.

How default judgments happen

Three common paths:

Path 1 — You were never served

Some default judgments are entered against defendants who were never properly notified of the lawsuit. "Sewer service" — where a process server falsely claims to have served papers — is a documented problem, particularly in debt collection cases.

Path 2 — You were served but didn't respond

You received papers but didn't take action — maybe you didn't understand the deadline, couldn't afford a lawyer, were overwhelmed, or hoped it would go away.

Path 3 — You responded but didn't appear at hearing

You filed an appearance but missed the court date.

Consequences

A default judgment allows the plaintiff to collect. They can:

Garnish up to 15% of disposable wages (exemptions for some low-income filers)
Levy bank accounts
Place liens on real estate
File citations to discover assets (which can compel you to answer questions under oath)
Report the judgment to credit bureaus (damaging credit)
Renew and enforce the judgment for years

In Illinois, judgments last 7 years and can be renewed for another 7. Interest accrues at 9% per year on most judgments.

How to vacate a default judgment

Illinois Code of Civil Procedure § 2-1301 (within 30 days)

Within 30 days of entry of the default judgment, you can file a motion to vacate. You generally need:

A reason for missing the court date or deadline
A "meritorious defense" (something to say about the merits)

30-day motions are granted relatively liberally because the court prefers to decide cases on their merits.

Illinois Code of Civil Procedure § 2-1401 (after 30 days, within 2 years)

After 30 days, vacating is harder. You generally need to show:

Due diligence — you acted promptly once you learned of the judgment
A meritorious defense
Specific grounds (fraud, void judgment, newly-discovered evidence, etc.)

Void judgments — any time

A judgment that is "void" (no jurisdiction, no service, fundamentally defective) can be attacked any time. Not all defects are jurisdictional.

Common meritorious defenses in debt collection cases

Statute of limitations — the debt is too old
Plaintiff doesn't own the debt — debt buyers sometimes cannot prove the chain of assignment
Account stated wrong — the amount is incorrect
Identity theft — the debt isn't yours
Already paid or settled
Plaintiff is not licensed in Illinois (unlicensed debt collectors or collection agencies)
Violation of FDCPA, FCRA, or other consumer protection laws
Predatory loan violations (Illinois PLPA for loans over 36% APR)

Steps if you just learned about a default judgment

Step 1 — Get the court file

Go to the courthouse or access online (many Illinois counties have online case search). Get:

The complaint
The summons and proof of service
Any other filings
The default judgment order

Step 2 — Check service

Was service legally proper? Common issues:

Service on wrong person or wrong address
Substituted service where the recipient wasn't authorized or of suitable age
"Abode service" — a family member at the home must be at least 13 years old in Illinois
Service beyond authorized methods
Process server fraud

Step 3 — Check time limits

Within 30 days of judgment: § 2-1301 motion
Within 2 years: § 2-1401 petition
Any time: void judgment attack

Step 4 — Get an attorney

For most default judgments, a consumer-law attorney can help. Many take debt-collection defenses on contingency or offer free consultations. Legal Aid Chicago and Illinois Legal Aid Online provide free help.

Step 5 — File the motion and appear

File the motion in the same case. Appear at the hearing. Bring your evidence. The court will decide whether to vacate.

Wage garnishment defense

Even if the underlying judgment stands, you can challenge garnishment:

Exemption claim — Illinois allows exemption of approximately 45 times the federal minimum wage per week (currently about $325). If your gross wages are below the exemption, nothing can be garnished. If just over, only the excess can be garnished.
Protected income — Social Security, SSI, VA benefits, unemployment, public assistance, some pensions are generally not subject to ordinary garnishment
Bank account exemption — when protected funds are deposited, a bank-account garnishment can be claimed exempt (Illinois has a specific procedure)

Bank levy defense

If your bank account has been frozen by a judgment creditor:

Identify the funds in the account
If any are Social Security, VA, SSI, or other protected funds — claim exemption promptly
Illinois procedure requires a Claim for Exemption within 14 days in most cases
Banks sometimes freeze protected funds pending the exemption process

Free help

Legal Aid Chicago — Consumer — 312-341-1070
Illinois Legal Aid Online — illinoislegalaid.org
CARPLS Legal Aid Hotline — 312-738-9200
Chicago Volunteer Legal Services — 312-332-1624
Illinois Free Legal Answers — online Q&A with volunteer attorneys
Cook County Legal Aid for Housing and Debt