735 ILCS 5/2-1401: Asking a Court to Undo a Final Judgment
What it is
In Illinois, once a judge enters a final judgment, you normally have 30 days to ask that judge to reconsider it or to file an appeal. After those 30 days, the case is generally over. Section 2-1401 is the main exception. It lets a person go back to the same court and ask it to set aside, or “vacate,” a judgment even after the 30-day window has closed. The request is called a 2-1401 petition.
It is not a second chance to argue the case again or to fix ordinary mistakes. It is meant for situations where something important wasn’t known or couldn’t be presented to the judge, and the judgment probably would have come out differently if it had been.
The deadline
The petition generally has to be filed within 2 years after the judgment was entered. The 2-year clock is paused for any time when:
- the person was legally unable to act for themselves (for example, a minor or someone mentally incapacitated),
- the person was under duress, or
- the other side fraudulently hid the facts that would justify relief.
What you have to show
Illinois courts usually require the person filing the petition to prove three things:
- A good claim or defense. You had a real, legitimate defense or claim that would likely have changed the outcome.
- Diligence in the original case. You weren’t careless. The problem wasn’t your own fault or neglect, such as simply ignoring the lawsuit.
- Diligence in filing the petition. Once you learned about the judgment or the problem, you acted promptly.
Facts that aren’t already in the court file must be supported by a sworn affidavit or similar evidence. All other parties must be formally notified, much as if a new lawsuit were being started.
The big exception: “void” judgments
Sometimes a judgment is void, meaning the court never had the power to enter it. A common example is a defendant who was never properly served with the lawsuit. A void judgment can be challenged at any time. The 2-year deadline doesn’t apply, and neither do the requirements to show a good defense or diligence.
Other important points
- The judgment stays in effect while the petition is pending. Filing the petition doesn’t automatically stop collection or enforcement. A separate request for a stay is needed for that.
- Innocent third parties are protected. Suppose someone bought property in good faith because of the judgment. Undoing the judgment usually won’t take that property away from them, unless the court’s lack of power is obvious from the court record.
- It applies in criminal cases too. Defendants sometimes use 2-1401 to challenge a conviction or sentence. The statute also has special provisions for certain domestic violence survivors convicted of forcible felonies, where evidence of the abuse wasn’t presented and could have affected the sentence.
- The other side must respond. If the opposing party doesn’t respond within the allowed time, the facts in the petition can be treated as admitted.