My nane and girlfriend name was on a eviction notice which provide a money judgment on the notice, her name was wrong on it

Asked over 1 year ago - Chicago, IL

her name was incorrect, the name was not her,s at all , we was found guilty because of being late 10 min due to my illness , im disable so I went to the clerk office and file a motion for the default judgement, the clerk gave me a new court day, but I hope I can make the next court day, before they put out my belonging,s because of missing the first judgement trial date, this is my first time being put out in my life,, and also would that be ground for dismiss, [the whole case]

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20

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    Answered . You are confused. If judgment was entered against you, you cannot file a motion for default judgment as that is what has already been entered against you. You need to file a motion to vacate the judgment. The fact that your girlfriend;'s name is wrong does not invalidate the judgment against you. Being late to court or a wrong name is not grounds for dismissal. You really need to hire a lawyer.

  2. William Dean Lohrman

    Contributor Level 8

    Answered . I agree with counsel. If the matter was a default judgment, you would have 30 days to file a motion to vacate the default. That is what I suppose you have done, you need to make sure you are there on that date on time, and if the case is reopened, on time for the remaining dates given by the court.

    It would not be grounds for dismissal as the other party is not at fault for you being late. You need to retain counsel to see if you have any potential defenses or counterclaims.

    William Lohrman

    Law Office of William D. Lohrman
    487 Grape Vine Trail
    Oswego, IL 60543
    Ph: 630.849.6196
    Fax:630.348.1323

    General legal advice is offered for educational purposes only. A consultation with a qualified attorney is... more

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