2-1301.Judgments - Default - Confession.

Article II. Civil Practice · Part 13. Judgment · Not amended since adoption on record · Last verified July 20, 2026

In one sentenceSection 2-1301 covers how Illinois courts enter judgments generally, including defaults, confessions of judgment, and the special process for a defendant served only by publication.

Full Text of 735 ILCS 5/2-1301

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(a) The court shall determine the rights of the parties and grant to any party any affirmative relief to which the party may be entitled on the pleadings and proofs. Judgments shall be in the form required by the nature of the case and by the recovery or relief awarded. More than one judgment may be rendered in the same cause. If relief is granted against a party who upon satisfying the same in whole or in part will be entitled by operation of law to be reimbursed by another party to the action, the court may determine the rights of the parties as between themselves, and may thereafter upon motion and notice in the cause, and upon a showing that satisfaction has been made, render a final judgment against the other party accordingly. (b) A determination in favor of the plaintiff on an issue as to the truth or validity of any defense in abatement shall be that the defendant answer or otherwise plead. (c) Except as otherwise limited by this subsection (c), any person for a debt bona fide due may confess judgment by himself or herself or attorney duly authorized, without process. The application to confess judgment shall be made in the county in which the note or obligation was executed or in the county in which one or more of the defendants reside or in any county in which is located any property, real or personal, owned by any one or more of the defendants. A judgment entered by any court in any county other than those herein specified has no force or validity, anything in the power to confess to the contrary notwithstanding.

No power to confess judgment shall be required or given after September 24, 1979 in any instrument used in a consumer transaction; any power to confess given in violation hereof is null and void and any judgment entered by a court based on such power shall be unenforceable. "Consumer transaction" as used in this Section means a sale, lease, assignment, loan, or other disposition of an item of goods, a consumer service, or an intangible to an individual for purposes that are primarily personal, family, or household.

(d) Judgment by default may be entered for want of an appearance, or for failure to plead, but the court may in either case, require proof of the allegations of the pleadings upon which relief is sought.

(e) The court may in its discretion, before final order or judgment, set aside any default, and may on motion filed within 30 days after entry thereof set aside any final order or judgment upon any terms and conditions that shall be reasonable.

(f) The fact that any order or judgment is joint does not deprive the court of power to set it aside as to fewer than all the parties, and if so set aside it remains in full force and effect as to the other parties.

(g) If any final judgment is entered against any defendant who has been served by publication with notice of the commencement of the action and who has not been served with a copy of the complaint, or received the notice required to be sent him or her by mail, or otherwise brought into court, and such defendant or his or her heirs, legatees, or personal representatives, as the case may require, shall, within 90 days after notice in writing given him or her of the judgment, or within 1 year after the judgment, if no notice has been given, appear in open court and petition to be heard touching the matter of the judgment, the court shall upon notice being given to the parties to such action who appeared therein and the purchaser at a sale made pursuant to the judgment, or their attorneys, set the petition for hearing and may allow the parties and the purchaser to answer the petition. If upon the hearing it appears that the judgment ought not to have been made against the defendant, it may be set aside, altered or amended as appears just; otherwise the petition shall be dismissed at petitioner's costs. If, however, a sale has been had under and pursuant to the final judgment, the court, in altering or amending the judgment may, upon terms just and equitable to the defendant, permit the sale to stand. If upon the hearing of the petition it appears that the defendant was entitled under the law to redeem from the sale, the court shall permit redemption to be made at any time within 90 days thereafter, upon terms that are equitable and just.

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Plain-English Summary

The court awards whatever relief the pleadings and proof support, can enter more than one judgment in the same case, and, where one party's payment would entitle it to reimbursement from a co-party, can sort out those rights between the parties and enter judgment against the reimbursing party once satisfaction is shown.

A default may enter for want of an appearance or a failure to plead, though the court can still require proof of the pleaded allegations. The court has discretion to set aside a default before final judgment, and to set aside any final order or judgment on a motion filed within 30 days after entry, on reasonable terms. A joint judgment can be set aside as to fewer than all the parties without disturbing it for the rest.

Anyone owing a bona fide debt can confess judgment, without a lawsuit, but only in specific counties tied to where the note was signed or a defendant resides or holds property -- and never in a consumer transaction. Any confession-of-judgment power used in a consumer transaction after September 24, 1979 is void, and any judgment based on it is unenforceable.

A separate safety valve protects a defendant who was served only by publication, never personally served, and never otherwise appeared: that defendant can petition to be heard on the judgment within 90 days of written notice of it, or within a year if no notice was given, with redemption rights preserved if the property already sold.

Frequently Asked Questions

What is confession of judgment and when can it be used in Illinois?

It lets a person owing a bona fide debt let a creditor obtain judgment without process, but the application must be filed in specific counties, and it's void and unenforceable if used in a consumer transaction after September 24, 1979.

How long does a court have to set aside a default judgment on its own terms?

The court may set aside any final order or judgment on a motion filed within 30 days after its entry, on reasonable terms and conditions.

Can a joint judgment be vacated for just one defendant?

Yes, setting aside a joint order or judgment as to fewer than all parties doesn't affect its force against the others.

What protection exists for a defendant who was only served by publication?

That defendant can petition to be heard on the judgment within 90 days of written notice of it, or within a year if none was given, and may have redemption rights if the property was already sold.

Does a default judgment require proof of the plaintiff's claims?

The court may require proof of the allegations of the pleadings even where judgment enters by default.

Amendment History

(Source: P.A. 83-707.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

Also known as: confession of judgment illinoisdefault judgment illinoisset aside default illinois 30 daysjudgment by publication service illinoiscognovit judgment illinois consumer