Default judgment in Illinois: how to set it aside

What a default judgment means and how to ask the court to set it aside, with a deadline calculator.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. Within 30 days after a default judgment, you can file a motion to set it aside (vacate it).

Shortest time to ask
30 days (Motion to set aside (735 ILCS 5/2-1301(e)))
Time to answer
30 days

If you didn't answer in Illinois

If you are required to file an Appearance and Answer and do not, or you do not come to court on the date in the summons, the judge can find you in default and decide the case for the plaintiff without hearing your side.

Canceling a default judgment in Illinois

Within 30 days after a default judgment, you can file a motion to set it aside (vacate it). After 30 days, you can file a petition for relief from judgment in the same case, supported by an affidavit, generally no later than 2 years after the judgment. A judgment that is void, for example because you were never properly served, can be challenged later.

Law: 735 ILCS 5/2-1301(e); 735 ILCS 5/2-1401; 735 ILCS 5/2-1301(e); 735 ILCS 5/2-1401(b)-(c)

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

The judgment in Illinois

Interest after the judgment

9% a year for most judgments. A consumer debt judgment of $25,000 or less entered on or after January 1, 2020 earns 5% a year. You can stop interest from growing by paying (tendering) the judgment, costs and interest owed to that date.

How long it lasts

A creditor can enforce a judgment for 7 years after it is entered; after that it must be revived (renewed) in court, and it can be revived up to 20 years after entry. Consumer debt judgments have shorter limits: one entered from January 1, 2020 through December 31, 2025 can be revived only by a petition filed no later than 10 years after it was entered; one entered on or after January 1, 2026 cannot be revived but can be enforced for 15 years after entry. Consumer debt judgments entered before 2020 follow the general 20-year rule.

Law: 735 ILCS 5/2-1303(a), (b); 735 ILCS 5/12-108(a); 735 ILCS 5/2-1602(a), (a-10) (as amended by P.A. 104-120, eff. Jan. 1, 2026)

After a judgment in Illinois

Military service and defaults

Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service.

Law: 50 U.S.C. 3931(b)(1)

Steps after a default in Illinois

  1. Find the judgment

    Get the judgment from the clerk; the date on it starts your time limits.

  2. Act within the time limit

    Illinois's rule: Within 30 days after a default judgment, you can file a motion to set it aside (vacate it).

  3. Give your reason and your defense

    Write down why you missed the deadline and why you don't owe what they claim.

  4. Know what can be taken

    See what is protected: After a judgment in Illinois.

Where to get free help in Illinois

Questions about default judgments in Illinois

How long do I have to answer a debt lawsuit in Illinois?

It depends on your summons. If it gives a court date (claims of $50,000 or less), file your Appearance (and Answer, if required) before that date or go to court on that date; if you file only an Appearance, you have 10 days after the court date to file an Answer unless the judge sets another time. In small claims ($10,000 or less), an Answer is not required unless the judge orders one, but you must come to court. If the summons says 30 days, file your Appearance and Answer within 30 days after you were served, not counting the day of service.

What if I miss the deadline in Illinois?

If you are required to file an Appearance and Answer and do not, or you do not come to court on the date in the summons, the judge can find you in default and decide the case for the plaintiff without hearing your side.

How long do I have to undo a default in Illinois?

Within 30 days after a default judgment, you can file a motion to set it aside (vacate it). After 30 days, you can file a petition for relief from judgment in the same case, supported by an affidavit, generally no later than 2 years after the judgment. A judgment that is void, for example because you were never properly served, can be challenged later.

Related Illinois pages

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources