Originated From
 QueryCAT

Posted by MarySam 5 years ago In:

, , ,

MarySam
MarySam Asked About 'What happens if I do not appear in court when I am supposed to?'

My ex-spouse failed to show up in court or hire an ...

My ex-spouse failed to show up in court or hire an attorney in a now 2 year long Motion to Vacate issue. The court set it for a hearing date. He had 21 days to answer or apper and failed to do so, shouldn't that have resulted in a default judgment in my favor? Does he just keep getting chances to respond - seems unfair. This is set in Will County, Illinois, any thoughts are appreciated.

Liked this question? Tell your friends about it

3 Answers

Order by
Oldest to Newest
Newest to Oldest
Votes
WarnerLees
WarnerLees Answered:

Your question is a valid one, but difficult to answer without knowing more of the particulars concerning your case. If you have an attorney, and you are paying him/her for services, why don't you tell him you want a final decision on the case, or ask why a bench warrant has not been issued on your ex?  Usually the courts want their dockets cleared. 

Add a comment Report
JusticeForAll
JusticeForAll Answered:

Normally, a defendant has 30 days to hire an attorney and respond.  Also, it is important to know if he was properly served by a process server.  I am assuming since it has been two years, he has been served.  It doesn't matter if he was aware of the date, there has to be legal documentation showing he was served with the court date.  All court cases are a paper trail.  Proof, Proof, Proof is a must!  Normally, yes there should be a default judgment filed in your case.  The more days that pass from the hearing date, the more in your favor it evolves.  Remember a Motion means movement in that you are requesting for something to be done from the court.  The court will allow him time to respond.  The court will most likely allow him a week or two more time.  I would highly doubt that the court will allow him more than that if he does not respond at all.  It really depends on when he was served.  I would recommend you contact your attorney and request a confirmation of process service that will show he had ample time to appear in court and hire an attorney.  I would then inform your attorney that he/she needs to file a default judgment in your favor along with an Order for the Judge to quickly sign.  This Order will then Order your ex-spouse to vacate such premises as put forth in the Motion.  Good Luck.

"Stand up for what you believe in, Never give up hope and Have your Voice Heard"
Add a comment Report
validator
validator Answered:

I assume that your attorney, who knows all the facts, has answered this question.  I would appreciate knowing what he or she said.

It would seem that you are entitled to a default judgement in your favor.  But I don't know all the facts.

Add a comment Report

Related Questions

Other people asked questions on similar topics, check out the answers they received:

faizaa

Asked: What happens if you us visa expires but after that ...

what happens if you us visa expires but after that you supposed to go to court? stay illegal only to go to court?
spack

Asked: What happens if i don't go to court when being ...

What happens if i don't go to court when being charged with a criminal offense of possesion of cocaine, and a misdemeanor of possession of maryjuanna?
maria

Asked: What happens if I dont appear in court for a ...

What happens if I dont appear in court for a drug trafficicing court appearance 6 years ago? How much time am I looking at? Will it be in a low security or high? Could I get off with probation if this ...

More Questions

Social security benefit to ex spoises

I agree with pam if you can afford to do it wait for your age of full retirement......And don't get married.

Warrant arrest for not appearing in court

great suggestions, like all

Ex boyfriend contacts me after 8 months which has ...

You are right, don't meet him. If he really wanted you and had true feelings towards you he wouldn't wait 8 month and would not have other relations. This guy is not for you: You did not get along well in the past and most probably that you won't get along well in the future too. Please notie ...

Wheelchair hire

Hard to tell, but you may try - http://www.decodecarhire.co.uk