To file a Petition for Relief from Judgment in Illinois, you prepare a written petition under Section 2-1401 of the Code of Civil Procedure, support it with a sworn affidavit, file it in the same court and case that entered the judgment, and serve the opposing party the way you would serve a new lawsuit. The petition must generally be filed more than 30 days but no more than two years after the judgment was entered.1Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments
A Section 2-1401 petition is treated as a separate proceeding within the original case. It asks the court to vacate or modify its own judgment based on facts, evidence, or errors that were not part of the record when the judgment was entered. It is the standard tool for attacking default judgments and judgments obtained by fraud, and it applies in both civil and criminal cases.
When You Can File
The window opens once the trial court loses its authority to modify the judgment on its own, which is 30 days after entry, and it closes two years later.1Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments A few situations sit outside that timeline.
Time you spent under a legal disability or under duress does not count against the two years, and neither does any period during which the opposing party fraudulently concealed the grounds for your petition.2Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments If facts were hidden from you, the clock starts when you discover them or reasonably should have.
If the judgment is void, the deadline does not apply at all. Section 2-1401(f) preserves the right to attack a void judgment at any time, and you also do not have to prove the three elements described below.1Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments Judgments are typically void when the court lacked jurisdiction over the parties or subject matter, or exceeded its authority in a fundamental way.
A separate provision has no deadline at all: anyone whose judgment was based on a guilty or no-contest plea and carries potential federal immigration consequences can file at any time.1Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments
What You Have to Prove
For any petition attacking a voidable judgment, Illinois courts apply a three-part test from Smith v. Airoom, Inc. You must prove each element by a preponderance of the evidence.3Illinois Courts. Illinois Appellate Court Opinion 5-99-0713
A Meritorious Claim or Defense
You need concrete facts showing that the outcome likely would have been different if the court had heard your side. Saying you “have a meritorious defense” is not enough. If a default judgment was entered against you on a debt, for example, a meritorious defense might be that the debt was owed by a company you managed rather than by you personally, or that you already paid it. Spell out the facts, not the legal label.
Diligence in the Original Case
You must explain why you did not raise your claim or defense before the judgment became final. Courts want to see an excusable reason, not indifference. Never being served, serious illness, or being abandoned by an attorney can qualify. Knowing about the lawsuit and choosing not to respond generally will not.
Diligence in Bringing the Petition
Once you learn the grounds for relief, you have to act on them. Waiting months after discovering a default judgment without a good reason will sink the petition even if the two-year statutory deadline has not run. Courts examine the whole timeline between discovery and filing.
Drafting the Petition and Affidavit
The petition itself has to identify the judgment you are challenging by case name, case number, and date of entry, and it has to lay out facts supporting each of the three elements in a way the court can follow.
Section 2-1401 requires that the petition be supported by an affidavit or other appropriate evidence addressing matters outside the existing record.1Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments The affidavit is sworn, and it needs specific factual statements, not conclusions. This is where you establish that the outcome would have been different and that you were diligent throughout. Attach affidavits from any other witnesses whose testimony you are relying on.
Documentary evidence strengthens the petition considerably. Attach whatever you have: mail returned as undeliverable that shows you were never served, medical records covering the period of the original case, receipts or contracts that support your defense. The stronger the paper record, the harder it is for the other side to argue the petition should be denied without a hearing.
Filing Through eFileIL
Illinois requires electronic filing for civil documents through the eFileIL system. Under the August 2025 amendment to Illinois Supreme Court Rule 9, all civil documents must be e-filed unless an exemption applies.4Illinois Courts. Illinois Supreme Court Rule 9 Documents are uploaded as separate PDFs; combining everything into one file is not permitted.
Self-represented filers who cannot e-file may qualify for an exemption. Good cause includes lacking a computer or internet access at home, having no email or bank account, a language barrier, or attempting e-filing but being unable to complete it without technical support you cannot get. People who are incarcerated or have a disability preventing e-filing are automatically exempt.4Illinois Courts. Illinois Supreme Court Rule 9 If you qualify, you can file in person, by mail, or through other means the local court allows.
Serving the Opposing Party
Because a 2-1401 petition is treated as a new proceeding, you have to serve the opposing party formally. You cannot rely on mailing a copy to the attorney who represented them in the original case. Illinois Supreme Court Rule 106 directs that notice be given in the same way Rule 105 requires for parties in default.5Illinois Courts. Illinois Supreme Court Rule 106
Rule 105 gives three options:6Illinois Courts. Illinois Supreme Court Rule 105
- Personal service by any method allowed for serving a summons, carried out by a sheriff, process server, or any adult who is not a party.
- Certified or registered mail, prepaid, with return receipt requested. When serving an individual rather than a business, the mail must be marked “restricted delivery” so only the addressee can sign. Service is not complete until the party actually receives the notice.
- Publication, but only when the opposing party cannot be located and you have filed an affidavit documenting your unsuccessful attempts to find them.
After proper service, the other side has 30 days to answer or appear, not counting the day of service or receipt.6Illinois Courts. Illinois Supreme Court Rule 105 If they do not respond, you may be able to obtain a default on the petition itself.
Fee Waivers
The circuit clerk charges a filing fee that varies by county and case type. Section 5-105 of the Code of Civil Procedure lets the court waive fees for people who cannot afford them. You qualify for a full waiver if your income is at or below 125% of the federal poverty level, or if you receive benefits such as SSI, TANF, or SNAP. Partial waivers are available on a sliding scale for incomes between 125% and 200% of the poverty level, and anyone represented by a legal aid organization or court-sponsored pro bono attorney is automatically eligible.7Illinois General Assembly. 735 ILCS 5/5-105 – Waiver of Court Fees, Costs, and Charges The waiver covers not just the filing fee but also service of process costs.
Stopping Enforcement While the Petition Is Pending
Filing the petition does not stop the original judgment from being enforced. The statute says the petition “does not affect the order or judgment, or suspend its operation.”2Illinois General Assembly. 735 ILCS 5/2-1401 – Relief From Judgments Wage garnishment, liens, and other collection efforts continue unless you separately ask the court for a stay.
For a money judgment, a stay generally requires posting a bond or other security that covers the judgment plus anticipated interest. If you cannot afford the full amount, you can ask the court to set security at the maximum reasonably available to you, though the court may add conditions to keep you from moving or hiding assets.8Illinois Courts. Illinois Supreme Court Rule 305 For non-money judgments, the court has broader discretion to grant a stay on terms it finds appropriate.
The Hearing and What Comes After
If the opposing party contests the petition, the court will hold an evidentiary hearing. Both sides can present testimony and documents, and the affidavits already on file are part of the record. You carry the burden of proving each element by a preponderance of the evidence. If the court grants relief, it can vacate the judgment entirely, modify it, or order a new trial on the underlying case.
An order granting or denying a 2-1401 petition is appealable. A notice of appeal to the Illinois Appellate Court must be filed within 30 days of the order under the standard rules for civil appeals.