STATE OF ILLINOIS )
) SS
COUNTY OF C O O K )
AFFIDAVIT OF LMD IN SUPPORT OF PETITION TO VACATE JUDGMENT
LMD, being duly sworn on oath, and having personal knowledge of the relevant facts presented herein, states as follows:
1. Affiant, LMD, the Defendant in the above-entitled action, makes this Affidavit in support of the Petition to vacate the judgment entered therein on November 8, 1991, in favor of Plaintiff and against Affiant in the amount of $741.06, and costs.
2. That said judgment should not have been entered and should not be allowed to stand because I nor my automobile was involved in the accident that is the basis of the underlying lawsuit.
3. That said judgment was entered aforesaid without any fault or negligence of Affiant.
4. That upon receipt of the summons and complaint I immediately telephoned the Plaintiff’s attorney and was informed by the Plaintiff’s attorney that if I sent a letter stating I nor my automobile was involved in the accident he would dismiss the case.
5. That further, my automobile was Beige and not blue.
6. That further, my license plate number for my automobile at the time of the accident was PM2631 and not PM.
7. That at all times herein material Affiant has exercised due care and diligence in that I contacted Plaintiff’s attorney and was assured that the mistake would be corrected thus the
lawsuit would be dismissed.
8. Promptly on learning of entry of said judgment, Affiant
immediately said Petition to vacate said judgment.
9. Affiant has on the merits, a valid defense to Plaintiff’s purported cause of action therein, in that my automobile was not involved in the accident that is the underlying justification and cause of this lawsuit herein.
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