CIV PRO-DEFAULT JUDGMENT

Illinois General Assembly - Full Text of HB4567

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4567

Introduced 1/30/2026, by Rep. Dagmara Avelar

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-1301

from Ch. 110, par. 2-1301

Amends the Code of Civil Procedure. Prohibits a court from entering a
default judgment against a party if the party: (1) is a pro se litigant;
(2) has a specified disability or health condition; and (3) failed to
appear at a hearing due to that disability or health condition. Provides
that a party who meets these requirements is not required to give notice to
the court of the party's inability to appear at a hearing. Provides that
any default judgment entered against a party who meets these requirements
shall be set aside and the party may seek relief from the default judgment.
Applies to all default judgments, whether entered before, on, or after the
effective date of the amendatory Act.
LRB104 17623 JRC 31054 b

A BILL FOR

HB4567
LRB104 17623 JRC 31054 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Code of Civil Procedure is amended by
5
changing Section 2-1301 as follows:

6

(735 ILCS 5/2-1301)

(from Ch. 110, par. 2-1301)
7

Sec. 2-1301.
Judgments - Default - Confession.

8

(a) The court shall determine the rights of the parties
9
and grant to any party any affirmative relief to which the
10
party may be entitled on the pleadings and proofs. Judgments
11
shall be in the form required by the nature of the case and by
12
the recovery or relief awarded. More than one judgment may be
13
rendered in the same cause. If relief is granted against a
14
party who upon satisfying the same in whole or in part will be
15
entitled by operation of law to be reimbursed by another party
16
to the action, the court may determine the rights of the
17
parties as between themselves, and may thereafter upon motion
18
and notice in the cause, and upon a showing that satisfaction
19
has been made, render a final judgment against the other party
20
accordingly.
21

(b) A determination in favor of the plaintiff on an issue
22
as to the truth or validity of any defense in abatement shall
23
be that the defendant answer or otherwise plead.

HB4567
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LRB104 17623 JRC 31054 b
1

(c) Except as otherwise limited by this subsection (c),
2
any person for a debt bona fide due may confess judgment by
3
himself or herself or attorney duly authorized, without
4
process. The application to confess judgment shall be made in
5
the county in which the note or obligation was executed or in
6
the county in which one or more of the defendants reside or in
7
any county in which is located any property, real or personal,
8
owned by any one or more of the defendants. A judgment entered
9
by any court in any county other than those herein specified
10
has no force or validity, anything in the power to confess to
11
the contrary notwithstanding.
12

No power to confess judgment shall be required or given
13
after September 24, 1979 in any instrument used in a consumer
14
transaction; any power to confess given in violation hereof is
15
null and void and any judgment entered by a court based on such
16
power shall be unenforceable. "Consumer transaction" as used
17
in this Section means a sale, lease, assignment, loan, or
18
other disposition of an item of goods, a consumer service, or
19
an intangible to an individual for purposes that are primarily
20
personal, family, or household.
21

(d) Judgment by default may be entered for want of an
22
appearance, or for failure to plead, but the court may in
23
either case, require proof of the allegations of the pleadings
24
upon which relief is sought.
25

(e) The court may in its discretion, before final order or
26
judgment, set aside any default, and may on motion filed

HB4567
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LRB104 17623 JRC 31054 b
1
within 30 days after entry thereof set aside any final order or
2
judgment upon any terms and conditions that shall be
3
reasonable.
4

(f) The fact that any order or judgment is joint does not
5
deprive the court of power to set it aside as to fewer than all
6
the parties, and if so set aside it remains in full force and
7
effect as to the other parties.
8

(g) If any final judgment is entered against any defendant
9
who has been served by publication with notice of the
10
commencement of the action and who has not been served with a
11
copy of the complaint, or received the notice required to be
12
sent him or her by mail, or otherwise brought into court, and
13
such defendant or his or her heirs, legatees, or personal
14
representatives, as the case may require, shall, within 90
15
days after notice in writing given him or her of the judgment,
16
or within 1 year after the judgment, if no notice has been
17
given, appear in open court and petition to be heard touching
18
the matter of the judgment, the court shall upon notice being
19
given to the parties to such action who appeared therein and
20
the purchaser at a sale made pursuant to the judgment, or their
21
attorneys, set the petition for hearing and may allow the
22
parties and the purchaser to answer the petition. If upon the
23
hearing it appears that the judgment ought not to have been
24
made against the defendant, it may be set aside, altered or
25
amended as appears just; otherwise the petition shall be
26
dismissed at petitioner's costs. If, however, a sale has been

HB4567
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LRB104 17623 JRC 31054 b
1
had under and pursuant to the final judgment, the court, in
2
altering or amending the judgment may, upon terms just and
3
equitable to the defendant, permit the sale to stand. If upon
4
the hearing of the petition it appears that the defendant was
5
entitled under the law to redeem from the sale, the court shall
6
permit redemption to be made at any time within 90 days
7
thereafter, upon terms that are equitable and just.
8

(h) A court may not enter a default judgment against a
9
party if the party:
10

(1) is a pro se litigant;

11

(2) is a person with a disability as defined under the
12

Americans with Disabilities Act, the Illinois Human Rights
13

Act, or any applicable local ordinances; and
14

(A) has a disability or health condition that
15

interferes with the person's ability to appear at the
16

hearing or participate in court proceedings; or
17

(B) has a health condition that puts others at
18

risk of contracting this health condition; and
19

(3) failed to appear at a hearing or participate in
20

court proceedings because of the disability or health
21

condition.
22

If a party cannot provide prior notice to the court of the
23
party's inability to attend or participate because of
24
disability or a health condition and the party is subsequently
25
defaulted, this default shall be vacated upon notice being
26
given to the court explaining the party's failure to notify

HB4567
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LRB104 17623 JRC 31054 b
1
and inability to attend.
2

Any default judgment entered against a party who meets the
3
requirements of this subsection is void as against public
4
policy. If less than 30 days have passed since entry of the
5
default judgment, the default shall be set aside under
6
subsection (e). If 30 days or more have passed since the entry
7
of the default judgment, the default shall be set aside under
8
Section 2-1401(f).

9

This subsection applies to all default judgments, whether
10
entered before, on, or after the effective date of this
11
amendatory Act of the 104th General Assembly, if the default
12
judgment was entered in violation of this subsection. This
13
subsection is intended to nullify any judgment that is
14
procured or has been procured in violation of Section 2 of
15
Article I of the Illinois Constitution, the Americans with
16
Disabilities Act, or the 14th Amendment of the Due Process
17
Clause of the United States Constitution.
18
(Source: P.A. 83-707.)

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