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Resolution of Court Case

Question: How should I follow up with the court to get the motion to set aside default judgment dismissed? I have filed a motion and order to set aside default judgment. However, the collections agency has now offered to settle, and I wish to accept and get on with my life. What do I do now?

Answer:

If the motion is not presented, it will be stricken from the call.

Before doing that, consider carefully what the terms of the settlement are. Are you actually agreeing to allow the judgment to remain in place? Doing so will have a substantial adverse effect on your credit. If you apply for a loan, you have to disclose that there is a judgment against you for many years.

If you do settle and pay the settlement, Illinois law entitles you to have the judgment vacated and the case dismissed. I strongly recommend exercising that right.

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