Skip to main content

Received a letter of motion to vacate dismissal for want of prosecution...now what?

Chicago, IL |

I was recently summoned to court for a cc debt from 4+ years ago. I went to court but the lawyers representing the plaintiff never showed so the case was dismissed. Today I received a letter stating motion to vacate dismissal for want of prosecution. Is there something I should do? How will I know if the court approves or denies it?

Attorney Answers 3


  1. It sounds like the attorneys for the other side filed a motion with the court to vacate that dismissal that occurred. A motion to vacate is a request to withdraw an order or judgment that the court previously rendered.

    You can either oppose the motion if you have any legal bases for doing so, or do nothing at all. It depends on your specific circumstances. The motion should have been set up for a hearing date, which should be on the motion papers you received. You can attend the hearing at that time and will be able to see how the court rules on the motion.

    This correspondence does not create an attorney-client relationship. It is not meant to provide legal advice in that capacity. You may wish to consult an attorney in your area.


  2. If you were in court and they had no reason for missing it, then fight it. However, courts are reluctant to deny such motion because it does not resolve the case on its merits.

    Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  3. You should contact an attorney who specializes in representing consumers to see if you have any good defenses to the case. If there is no written contract, and you made your last payment or charge over five years ago, you may have a statute of limitations defense. You should also attend every court date -- otherwise their motion will be granted, and then they will obtain a default judgment against you. They should send you notices if you don't attend court, but, as I said, you should not skip any court dates.

    The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice.