Chicago Business Litigation Lawyer Blog
There was no lawsuit that you knew about, no summons, and no hearing. Yet a judgment for the full balance of a commercial note is on file, with your name on it, because a clause in the note you signed years ago authorized someone to appear for you and admit the debt. It feels like it cannot be legal.
In a commercial transaction, it usually can be. Illinois still permits a confession of judgment on a business debt, and a clause authorizing one is enforceable within limits. But the judgment is not beyond challenge. A borrower or guarantor with a real defense can ask the court to open it, and Illinois sets out how. The path rewards speed and a sworn, specific response.