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Petition?

Chicago, IL |
Filed under: Litigation

What's a 1401 petition?

Attorney Answers 5

Posted

Never heard of it. In what context is this?

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

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1 comment

Luke D. Kazmar

Luke D. Kazmar

Posted

Well why are you offering commentary if you never heard of it. The mystery is solved as follows: 1401 is an ILLINOIS statute, whereas you fine gentlemen are California practitioners. That being said, your efforts to assist are gracious & the question was phrased in abbreviated form...'1401' vs. '735 ILCS 5/2-1401"

Posted

There is no 1401 petition in immigration.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Your question is set in the wrong practice area. If 1401 motion is a motion to vacate it higher order of court more than 30 days after entry.

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6 comments

Judy A. Goldstein

Judy A. Goldstein

Posted

I have changed your practice area from Immigration to Litigation.

Judy A. Goldstein

Judy A. Goldstein

Posted

Please forgive the typos. A 1401 motion is a motion to vacate a prior order of court more than 30 days after entry. Sorry for the errors. I should have checked spelling before sending.

Luke D. Kazmar

Luke D. Kazmar

Posted

I respectfully differ counsel--2-1401 Motions are regularly & effectively used in all areas of family law. Case law is flooded with examples.

Judy A. Goldstein

Judy A. Goldstein

Posted

What are you talking about? The original question was sent to Immigration. I moved it to Litigation. There was no indication at all that the inquiry related to family law or I would have moved it there.

Luke D. Kazmar

Luke D. Kazmar

Posted

Ok--my apologies. Although you will concede family law is a form of litigation & you submitted your response as self-described "divorce lawyer," NOT a 'litigation lawyer. Anyhow you ought not take offense at every comment I make, regardless of your personal distaste. This service is intended to benefit and promote public interest--not the interest of any 2 lawyers.

Judy A. Goldstein

Judy A. Goldstein

Posted

Mr. Kazmar - The attorneys have no choice what category Avvo chooses to use in their answering profile. If the practice area is one that is in the attorney's profile, then that is what is the category indicated in the response. I do not concede anything and do not owe you any explanations. The original response was for the benefit of the asker. You did ot need to comment at all. You have a tendency to disagree when you don't know of what you speak but you are certainly in a hurry to solicit business. I do not take offense at your comments. I consider the source and move on.

Posted

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1401

Robert T. Kuehl
Kuehl Law, P.C.
Chicago, Illinois
312-840-8270
Email: bob@kuehllawpc.com
Website: www.kuehllawpc.com

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Posted

Motion to amend/vacate judgment filed after 30 days but before 2 years...sometimes longer--2 years from date on which the basis for amending (fraud of opposing litigant, for example) was brought to light.

2 elements to be pled and proven are DUE DILIGENCE + MERITORIOUS CAUSE/DEFENSE.

The closer you are to the 30 days the better.

A plethora of uses for this procedural tool in any form of litigation--focus is not so much on what field of law it is applied to...focus is to apply procedural rules toward securing justice.

A 1401(f) motion to vacate has no time time limit as the challenged order was entred without jurisdiction...the judgment can be vacated at any time, in any manner & in any court.

Powerful stuff.

The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.

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