A motion for default judgment in Illinois asks the court to rule in your favor because the defendant never answered your lawsuit. Under 735 ILCS 5/2-1301(d), an Illinois court can enter that judgment once a properly served defendant lets the response deadline pass without filing anything.1Illinois General Assembly. Illinois Code 735 ILCS 5/2-1301 – Judgments – Default – Confession The work breaks into four parts: confirming the defendant is actually in default, filing the right packet of documents, giving proper notice of the hearing, and proving your damages at the prove-up. Miss any step and you start over.
When the Defendant Is in Default
Illinois Supreme Court Rule 101(d) gives most defendants 30 days after service of the summons to file an answer or an appearance, not counting the day of service itself.2Illinois Courts. Illinois Supreme Court Rule 101 When that window closes with nothing on file from the defendant, they are in default and you can move forward without them.
Two things have to be true before you file. Service of the summons and complaint must have been valid, because any defect in how the defendant was notified will collapse the default on appeal. And the response deadline must have actually run. Count the days carefully. A premature motion looks worse to the judge than a late one.
Entry of Default vs. Default Judgment
These sound interchangeable but they are not. An entry of default is the preliminary finding that the defendant failed to respond, which locks in liability. The default judgment is the final order stating the dollar amount or other relief. You need the first before you can get the second.
Many Illinois courts handle both at the same hearing: the judge confirms no appearance was filed, enters the default, and then takes evidence on damages. Others, including some Cook County calls, separate the two steps. Check your assigned judge’s procedures before the hearing date.
What Goes in the Motion Packet
A complete filing usually includes four documents: the motion itself, a military service affidavit, a notice of motion, and a proposed order for the judge to sign.
The Motion for Default
The motion is the core document. Identify the parties exactly as they appear on the original summons and complaint, include the case number, and state three things clearly:
- When and how the defendant was served, referencing the proof of service already on file.
- That the defendant has not filed an appearance, answer, or any other responsive pleading within the time allowed by law.
- The specific dollar amount or other remedy you are seeking, which must match or fall within what your complaint originally demanded.
Keep it tight. The judge reviewing a default motion wants to confirm that service was proper, the deadline passed, and the defendant stayed silent. Everything else belongs at the prove-up. The Illinois Supreme Court publishes standardized motion and notice forms that self-represented litigants can download and adapt.3State of Illinois Office of the Illinois Courts. Motion and Notice Forms
The Military Service Affidavit
Federal law blocks the court from entering a default judgment until you file a sworn affidavit about the defendant’s military status. Under 50 U.S.C. § 3931, you must state either that the defendant is not on active duty or that you were unable to determine their status after a reasonable effort.4Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments
The standard way to check is through the Defense Manpower Data Center’s SCRA website, which returns a certificate of active duty status.5Servicemembers Civil Relief Act (SCRA) Website. Welcome to SCRA You will need the defendant’s name and ideally their Social Security number. Without the SSN, the system may not verify the record, and your affidavit will have to describe the steps you took and state that status could not be determined. Attach the DMDC certificate or the search result to the affidavit. In Cook County, the military affidavit is form CCG 0004.6Clerk of the Circuit Court of Cook County. Clerk of the Circuit Court of Cook County – Forms
Skip this step and the judge will reject the motion. There is no workaround.
Notice of Motion and Proposed Order
The notice of motion tells the defendant and any other parties when and where the court will hear the motion. Due process requires this notice even though the defendant has not appeared. The proposed order of default, drafted for the judge’s signature, should recite the basic findings (proper service, no appearance filed, default entered) and leave space for the judgment amount to be filled in after the prove-up.
Filing and Serving the Motion
Illinois requires electronic filing through eFileIL for nearly all court filings statewide. You submit through one of the certified electronic filing service providers connected to the system.7State of Illinois Office of the Illinois Courts. eFileIL (Statewide e-Filing) During e-filing, select a hearing date from the court’s available calendar. Once the clerk accepts the filing, the motion is on the judge’s schedule.
After filing, serve the motion and hearing notice on the defendant at their last known address. Regular first-class mail is generally acceptable for a party who has not appeared, though personal service adds protection against later challenges. File your proof of service before the hearing. If the judge finds that notice was inadequate, the motion gets continued or denied. This is one of the most common reasons default motions stall.
The Prove-Up Hearing
The defendant’s silence admits liability under 735 ILCS 5/2-1301(d), but it does not admit the amount. The court can require you to prove every dollar. Show up with thin evidence and the judge may enter default on liability but award far less than you asked for, or nothing at all on certain categories of damages.
What You Need to Prove
Bring documentation for every element of your damages. The kind of evidence depends on the claim.
- For a contract claim with a fixed amount (an unpaid invoice, a loan balance, rent arrears), bring the signed contract, payment records, and an accounting showing the outstanding balance. These are the easiest prove-ups because the numbers speak for themselves.
- For claims requiring damage calculation, the burden is heavier. You will need receipts, repair estimates, medical bills, lost income documentation, or expert testimony to establish each category of loss. A round number pulled from the complaint without supporting evidence will not carry the day.
Expect to testify under oath and walk the judge through your exhibits. Some judges accept affidavits without live testimony, but do not count on it. Hearings typically run 15 to 45 minutes depending on the volume of documentation.
Common Mistakes at the Prove-Up
The biggest one is asking for more than the complaint demanded. The default judgment cannot exceed the relief requested in the original pleading. If your complaint asked for $15,000 and your evidence shows $22,000 in losses, the judge is capped at $15,000. The fix is to amend the complaint before the prove-up, which requires additional notice to the defendant. The second most common mistake is failing to bring originals or certified copies of key documents. Judges vary on strictness, but a photocopy of a contract when the original is available invites skepticism you do not need.
After the Judgment: Interest and Vacatur Risk
Once the judge enters the default judgment, post-judgment interest starts. Illinois sets the rate at 9% per year for most civil judgments, dropping to 5% per year for consumer debt judgments of $25,000 or less.8FindLaw. Illinois Code 735 ILCS 5/2-1303 – Interest on Judgments Interest accrues on the unpaid balance from the date of judgment until it is satisfied.
A default judgment is not always permanent. Under 735 ILCS 5/2-1301(e), the defendant has 30 days from the final judgment to file a motion to vacate, and courts can grant it on “any terms and conditions that shall be reasonable.”9Illinois General Assembly. Illinois Code 735 ILCS 5 – Code of Civil Procedure Judges use this window frequently when a defendant finally appears with a reasonable explanation. After 30 days, the defendant must file a petition under 735 ILCS 5/2-1401, which requires a meritorious defense, due diligence in the original case, and due diligence in filing the petition, within two years of the judgment.10Illinois Courts. Appellate Decision 5-00-0302 A default judgment obtained with proper service and solid documentation is hard to overturn once that 30-day window closes, but it is not impossible, which is another reason to run your service, your notice, and your prove-up cleanly the first time.