{"id":1115,"date":"2016-09-16T06:15:14","date_gmt":"2016-09-16T11:15:14","guid":{"rendered":"http:\/\/www.illinoisinjurylawyerblog.net\/?p=1115"},"modified":"2018-04-12T12:38:16","modified_gmt":"2018-04-12T17:38:16","slug":"defendant-allowed-reopen-case-filing-response-seven-months-late","status":"publish","type":"post","link":"https:\/\/www.molllawgroup.com\/blog\/defendant-allowed-reopen-case-filing-response-seven-months-late\/","title":{"rendered":"Defendant Allowed to Reopen Case After Filing Response Seven Months Late"},"content":{"rendered":"

In a recent case<\/a> decided by a state appellate court, a husband and wife were injured in a car accident with another motorist. After the accident, they filed suit against the motorist for their physical injuries, mental suffering, lost wages, and lost employment. However, the motorist failed to defend or respond to the lawsuit. As a result, after four months had passed, the couple filed an application for an entry of default against the motorist, and the clerk of the court entered a default judgment against him. Seven months after the complaint was filed, the motorist responded by filing a motion to set aside the default judgment. The court denied his motion to set aside the entry of default and entered a default judgment in favor of the couple for over $3 million.<\/p>\n

The motorist appealed. He argued that the court abused its discretion by refusing to set aside the default judgment. That state\u2019s supreme court found that since default judgments are considered under a liberal standard, the court did abuse its discretion by refusing to set aside the entry of default. It noted that the motorist had seemingly valid defenses to the claim. In addition, the couple would suffer limited prejudice by reopening the case because they filed the claim three years after the actual accident and were still litigating the case with two insurance companies. For these reasons, the default judgment was set aside, and the case was reopened.<\/p>\n

Default Judgments and Illinois Rules<\/strong><\/p>\n

A default judgment is a ruling that results from one party\u2019s failure to comply with the requirements of the court. A default judgment is binding on a party even if the person has never appeared in the case. That means that even if a defendant never appeared in court in\u00a0a case against them, the other party can collect compensation. However, even if a default judgment has been entered against a party, they can file a motion to set aside the judgment and reopen the case.<\/p>\n

Continue reading \u2192<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In a recent case decided by a state appellate court, a husband and wife were injured in a car accident with another motorist. After the accident, they filed suit against the motorist for their physical injuries, mental suffering, lost wages, and lost employment. However, the motorist failed to defend or respond to the lawsuit. As […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[28],"tags":[],"class_list":["post-1115","post","type-post","status-publish","format-standard","hentry","category-car-accidents"],"yoast_head":"\nDefendant Allowed to Reopen Case After Filing Response Seven Months Late — Illinois Injury and Mass Tort Lawyer Blog — September 16, 2016<\/title>\n<meta name=\"description\" content=\"In a recent case decided by a state appellate court, a husband and wife were injured in a car accident with another motorist. 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