IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT, FIRST DISTRICT _______________, Plaintiff, v. _______________, Defendant.

) ) ) ) ) ) ) ) )

No.

MOTION TO VACATE DEFAULT JUDGMENT AND FOR LEAVE TO FILE ADDITIONAL APPEARANCE, INSTANTER

The Defendant, _________, by his attorneys, ____________, moves this Court pursuant to Section 5/2-1301 of the Illinois Compiled Statutes, 735 ILCS 5/2-1301, to vacate the default

judgment entered against him on _________, and for leave to file the Additional Appearance of his attorneys, instanter. In

support of his motion, Defendant states: xiv) Defendant, _________, has been diligent in the

defense of his case in that he has appeared pro se in this matter to defend the claim against him. xiv) Due to a severe vision impairment, _________ was unable to read the Notice of Motion and Motion set for hearing on __________. inadvertence, Consequently, Due to this same vision impairment and through ________ he was did not not go to to court defend on the __________. motion for

present

judgment on the pleadings and a default judgment was entered against him. a. On or about _________, ________

received a copy of the order entered on _________ stating that a judgment "in the sum of $_______ plus court costs" had been entered against him. xiv) Subsequently, ___________ contacted

______________ seeking legal representation in this matter, and informed ___________ that a default judgment had been entered against him on ________. xiv) On attorneys, _________, filed pursuant a Motion to to the advice the from his

___________

Vacate

default

judgment that was entered on __________.

___________'s pro se Thus, the

Motion to Vacate is set for hearing at _____ on ________. ___________ has been diligent in attempting to vacate

default judgment entered against him. xiv) On ___________ ___________ transmission in _________, the instant ___________ case. agreed Attorney counsel for by to represent of

________

notified that she

Plaintiff's would be

facsimile at

appearing

___________

_______ on ________, and that she would be requesting leave to file her Additional Appearance on ___________'s behalf. xiv) ___________ has a meritorious defense to this

action against him in that the Plaintiff failed to comply with the Illinois Commercial Code and Illinois law when it

repossessed and sold ___________'s ____________. xiv) In Reid v. Adkins, 48 Ill. 2d 402, 406, 270

N.E.2d 841 (1971), the Illinois Supreme Court stated that the

test for 2-1301 motions "is whether or not substantial justice is being done between the litigants and whether it is

reasonable, under the circumstances, to compel the other party to go to trial on the merits." Subsequent court decisions have Green v. Myers,

held that 2-1301 is to be liberally applied.

106 Ill. App. 3d 541, 436 N.E.2d 43 (1st Dist. 1982). xiv) Justice would best be served by granting

___________'s motion to vacate the default judgment, allowing ___________ to file their Additional Appearance instanter, and by having this matter resolved on the merits.

WHEREFORE, Defendant requests that this Court vacate the default judgment entered on ________, and grant him leave to file the Additional Appearance of his attorneys, instanter.

Respectfully submitted,

______________________________ One of Defendant's Attorneys

[Name] [Organization] [City, State Zip] [Phone] Attorney No. ______

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS MUNICIPAL DEPARTMENT, FIRST DISTRICT ___________, Plaintiff, v. ___________, Defendant. ) ) ) ) ) ) ) ) )

No.

AFFIDAVIT OF _________ IN SUPPORT OF HIS AMENDED MOTION TO VACATE DEFAULT JUDGMENT AND FOR LEAVE TO FILE ADDITIONAL APPEARANCE, INSTANTER

The Defendant, _________, having been duly sworn and under oath, states as follows: xiv) I No._____. xiv) I suffer from a severe vision impairment which makes it difficult or impossible for me to read printed material. My son, _______________, must read my mail and other documents to me. xiv) Although I received the Notice of Motion and Motion for Judgment on the Pleadings, I was not able to read the motion and no one was available to read the motion to me until after the court date on ___________, had passed. xiv) As soon as someone read the Motion for Judgment on the Pleadings to me, I began to seek legal advice regarding this matter. xiv) On the same day that I consulted with an attorney at ____________ regarding this matter, I also filed a Motion to Vacate the judgment entered on __________, pursuant to their advice. xiv) I wish to have my day in court so that I can present defenses to the claims against me brought by _____________. ______________________________ am the Defendant in _______ v. _______,

[Name] Signed and Sworn to before me this ___ day of ________. __________________________ Notary Public