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Filed under: Litigation

What's a 1401 petition?

Attorney Answers 5

  1. 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 Contact us at 713.335.5505 or email at Veronica Tunitsky offers in-person, as well as telephone and email consultations.

  2. 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.

  3. 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.


    Robert T. Kuehl
    Kuehl Law, P.C.
    Chicago, Illinois

  5. 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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