Cavalry Portfolio Services v. Rocha

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 111690
Decision Date: 
October 22, 2012
District: 
1st Dist.
Division/County: 
Cook Co.,1st Div.
Justice: 
CUNNINGHAM
Holding: 
Reversed and remanded.
Defendant filed Section 2-1401 petition to vacate judgment entered against him without having appeared at trial, within 2 years after entry of judgment. As Defendant presented lack of standing argument at first opportunity of which he was aware, he did not forfeit his standing argument., and it would be unjust to enforce judgment in light of his meritorious defense that none of Plaintiff's assignments complied with Section 8b of Collection Agency Act. (HOFFMAN and KARNEZIS, concurring.)