Many people are blindsided when a judgment from years ago suddenly disrupts their life. You might be applying for a mortgage, trying to open a bank account, or even just checking your credit—only to discover a court judgment you never knew existed. In Illinois, this isn’t unusual. Judgments can remain enforceable for up to 27 years, and creditors can revive them long after you’ve forgotten—or never even knew—they existed. That means wage garnishments, frozen bank accounts, and property liens can hit out of nowhere, even if the original case was filed a decade or more ago.
The good news: even an ancient judgment is not always final. If you were never properly notified of the lawsuit—or if serious procedural problems tainted the case—you may be able to undo the judgment with a Section 2-1401 petition.
What Is a 2-1401 Petition?
Section 2-1401 of the Illinois Code of Civil Procedure lets a defendant ask the original court to vacate (set aside) a final judgment more than 30 days after it was entered. It is not an appeal. Instead, you must show that something fundamentally unfair happened—often improper service, excusable neglect, newly discovered evidence, or outright fraud.
The Two-Year Deadline and When It Doesn’t Apply
Under Section 2-1401(c) of the Illinois Code of Civil Procedure, most petitions to vacate a judgment must be filed within two years of the judgment or final order. However, there are several important exceptions that can extend—or eliminate—that deadline:
- Void judgments: If you were never properly served and the court lacked personal jurisdiction, the judgment is considered void, and there is no time limit to challenge it.
- Fraudulent concealment or duress: If the creditor concealed the judgment or the facts that would have allowed you to challenge it, the two-year clock is paused (or “tolled”) until you discover the issue.
- The same applies if you were under legal disability or duress during the time when you otherwise could have filed.
In short, while the two-year deadline applies in most cases, Illinois law allows for flexibility when justice requires it—especially in cases involving improper service, hidden judgments, or other forms of unfairness.
Core Requirements You Must Prove
Under Smith v. Airoom, Inc., 114 Ill. 2d 209 (1986), a successful 2-1401 petition normally shows, by a preponderance of the evidence:
- A meritorious defense to the original lawsuit (for example, the debt was paid, the amount is wrong, or the claim is time-barred)
- Effort to present that defense in the original case—showing that the judgment was entered through no fault or neglect on your part.
- Prompt action in filing the petition once you discovered (or reasonably should have discovered) the judgment.
- Or, a reasonable excuse for any delay in acting within the required timeframe.
Courts Have Equitable Power to Prevent Injustice
Because a Section 2-1401 petition is addressed to the court’s equitable powers, courts have not considered themselves strictly bound by precedent, and have held that where justice and good conscience require it, a default judgment may be vacated even if the due diligence requirement is not satisfied.
As stated in Diner’s Club, Inc. v. Gronwald, 43 Ill. App. 3d 164, 168 (1st Dist. 1976), and Spencer v. American United Cab Ass’n, 59 Ill. App. 2d 165, 172 (1st Dist. 1965),
“The power to set aside a default and permit a defendant to have his day in court is based upon substantial principles of right and wrong and is to be exercised for the prevention of injury and the furtherance of justice.”
This guiding principle allows courts to look beyond strict procedural rules when the facts call for it—especially where default judgments are obtained through misconduct or where the outcome shocks the conscience.
The following cases illustrate how Illinois courts have applied Section 2-1401 to vacate default judgments under both procedural and equitable grounds:
| Principle | Practical Takeaway | Illustrative Cases |
|---|---|---|
| Equity can override defects in diligence | If enforcing the judgment would be fundamentally unfair or “unconscionable,” courts may grant relief even when diligence requirements fall short. | Smith v. Airoom; American Consulting Ass’n v. Spencer; Manny Cab Co. v. McNeil Teaming Co. |
| Mere silence ≠ fraud | A creditor’s failure to volunteer that it has a default judgment is not, by itself, fraud. You need affirmative misconduct or trickery. | Airoom; Ellman v. De Ruiter; Elfman v. Evanston Bus |
| Ignoring the docket is inexcusable | Defendants who knew they were sued must track their case. Courts view “I lost track” as negligence, not excusable mistake. | Airoom; Esczuk v. CTA |
| Excessive or unrelated damages | Default judgments awarding unsupported or inflated damages can be vacated to protect the integrity of the process. | Elfman |
| Concealed offsets | Withholding known credits or offsets at an ex parte prove-up is grounds for vacatur. | Bonanza Int’l v. Mar-Fil |
| Pattern of procedural abuse | Cumulative irregularities—e.g., hiding counsel’s appearance, delaying notice, misusing punitive-damage procedures—can render a judgment unconscionable. | Halle v. Robertson |
Filing Strategy
When filing a Section 2-1401 petition, it’s critical to follow proper procedure to give your motion the best chance of success. The petition must be filed in the same case file where the judgment was originally entered. You must also serve the opposing party—typically the creditor or their attorney—in accordance with Illinois Supreme Court Rule 105, which governs notice when a party is seeking relief from a final order or judgment.
If there is an active garnishment or bank levy, you should simultaneously request a stay of enforcement (or a protective order) to temporarily halt collection efforts while the court considers your petition. Filing a 2-1401 petition doesn’t automatically stop collection. Finally, be sure to include a detailed supporting affidavit. This affidavit should outline all relevant facts, key dates, how and when you learned of the judgment, and the meritorious defense you would have raised had you been given the chance to appear.
Do I Need a Lawyer?
While it’s legally possible to file a 2-1401 petition on your own, these motions are highly technical and fact-dependent. You’ll need to present affidavits, legal arguments, and case law, and you may have to defend your position in court. Mistakes in filing, notice, or legal framing can cause the petition to be denied—even if your underlying argument is valid. For that reason, most people are better off getting legal help, especially if there’s a large amount at stake or ongoing enforcement.
