Sample Affidavit Attached to Motion
STATE OF ILLINOIS )
) SS
COUNTY OF L A K E )
AMENDED AFFIDAVIT OF CONNIE WASHINGTON IN SUPPORT OF
AMENDED PETITION TO VACATE JUDGMENT
CONNIE Wash, being duly sworn on oath, and having personal knowledge of the relevant facts presented herein, states as follows:
1. That Affiant, CONNIE Wash, the Defendant in the above-entitled action, makes this Affidavit in support of the Petition to vacate the judgment entered therein on July 23, 1992, in favor of Plaintiff and against Affiant.
2. That said judgment should not have been entered and should not be allowed to stand because I was not delinquent in my monthly payments to Plaintiff.
3. That said judgment was entered aforesaid without any fault or negligence of Affiant.
4. That Affiant is a Section 8 Program participant. The Waukegan Housing Authority forwards the monthly payments to the Plaintiff, on my behalf.
5. That further, I have a letter from the Waukegan Housing Authority stating that my rental payments were paid through August, 1992, specifically June, 1992.
6. That I have been diligent in presenting my defense. I was unable to attend the trial date due to illness and upon my physician’s advice. (a copy of the physician’s recommendations are hereto incorporated and attached as Exhibit D).
7. That further, I sent in my stead, my daughter to inform the court of the matter. The court would not accept my daughter’s request.
8. That Affiant has on the merits, a valid defense to Plaintiff’s purported cause of action therein, in that my rental payments were current through the month of August, 1992, specifically June, 1992.
STATE OF ILLINOIS )
) SS
COUNTY OF l a k e )
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true.
CONNIE Wash
See Also: Divorce New York
