UnderGround Forums
 

LegalGround >> ? about process service in IL, please help


12/3/08 5:49 PM
Ignore | Quote | Vote Down | Vote Up
Captain Cunch
9 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 4/3/07
Posts: 19
 
So I had a process server at my door today attempting to serve my mom papers for whats been a really messy legal separation moving towards divorce. (Yes, I live with my mom, I'm helping her through all this). After I had a short conversation with the guy, realizing what was up I closed the door on the guy. I wouldn't have opened in the first place but was expecting someone. The guy leaves the papers on my doorstep, which is soaked from the snow that's melted, and leaves. Now, he never spoke to my mother, spoke to me briefly, and left the shit outside. Is she legally served? Everything I've read implies no, but it's not clear with the third party stuff.
12/3/08 6:23 PM
Ignore | Quote | Vote Down | Vote Up
jbapk
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 8314
735 ILCS 5/2-203. Service on individuals.

Except as otherwise expressly provided, service of summons upon an individual defendant shall be made
by leaving a copy of the summons with the defendant personally,
by leaving a copy at the defendant’s usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or
as provided in Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.
The officer, in his or her certificate or in a record filed and maintained in the Sheriff’s office, or other person making service, in his or her affidavit or in a record filed and maintained in his or her employer’s office, shall:
identify as to sex, race, and approximate age the defendant or other person with whom the summons was left and
state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with the defendant or other person.
Any person who knowingly sets forth in the certificate or affidavit any false statement, shall be liable in civil contempt. When the court holds a person in civil contempt under this Section, it shall award such damages as it determines to be just and, when the contempt is prosecuted by a private attorney, may award reasonable attorney’s fees. (Source: P.A. 88-340.)
12/3/08 6:27 PM
Ignore | Quote | Vote Down | Vote Up
jbapk
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 8315
I guess it comes down to if you live there or not.
12/3/08 7:00 PM
Ignore | Quote | Vote Down | Vote Up
Captain Cunch
9 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 4/3/07
Posts: 20
Thanks for the looking into it jbapk, I appreciate the help, but I think it's more complicated.

I live there, but he didn't leave it with me personally, he left it on my door step. The only provisions (if thats the right word) I found for a defendant refusing service said that if the defendant him/herself refused service, they could just drop it at their feet. I'm not the defendant, and the server never spoke with or saw the defendant. Hence my confusion. Anybody with experience on this kind of thing?
12/4/08 8:44 AM
Ignore | Quote | Vote Down | Vote Up
BarkLikeADog
Send Private Message Add Comment To Profile

Member Since: 10/11/05
Posts: 9090
Can't answer on the legal specifics but at the end of the day the judge is just gonna be heavily biased towards the other party. It can't possibly be to your mom's benefit for the two of you to play make believe.
12/4/08 10:41 AM
Ignore | Quote | Vote Down | Vote Up
seg
77 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 3/28/05
Posts: 7108
 Sounds like you got served.
12/4/08 11:34 AM
Ignore | Quote | Vote Down | Vote Up
Captain Cunch
9 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 4/3/07
Posts: 21
I was unaware that it was "playing make believe" to dodge a legal summons to postpone an inevitable court date. Her reasons for that a personal and complicated. But had I known I was in fantasy land and none of that shit actually occured, I would have never had to come here and ask. Thanks so much.
12/4/08 2:35 PM
Ignore | Quote | Vote Down | Vote Up
BarkLikeADog
Send Private Message Add Comment To Profile

Member Since: 10/11/05
Posts: 9093
Yes, of course, buecause when I said "playing make believe" the only thing I could possibly have meant was that "none of that shit actually occurred", & in no way could I have ever meant that you were intentionally attempting to dodge a legal summons to postpone an inevitable court date.

Are you always this snarky when you request advice?
12/4/08 3:31 PM
Ignore | Quote | Vote Down | Vote Up
Captain Cunch
9 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 4/3/07
Posts: 22
No, not always. Generally only when met with a response that seems deliberately condescending. I was very appreciative of the actual help that was directed towards my question. I didn't ask for advice, or your opinion of the potentially negative perception of our actions. I asked for a clarification on the legality of that service.

Or maybe I read into your statement too much, and your intentions weren't negative. In that case I apologize, and am quite curious what positive connotations are implied by saying two adults are playing make believe. And since you're saying I took that phrase out of context, what exactly did you mean by it?

Not that it actually matters, at all. Everyone have a good day and thanks for your insight.
12/4/08 4:07 PM
Ignore | Quote | Vote Down | Vote Up
goku
Send Private Message Add Comment To Profile

Member Since: 8/6/08
Posts: 1351
y doesnt she just take care of her shit
12/4/08 4:39 PM
Ignore | Quote | Vote Down | Vote Up
Captain Cunch
9 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 4/3/07
Posts: 23
After years of getting physically and verbally abused, shes not looking to make it any easier on him now that he's found someone else to move on to. The longer she holds out, the longer the future new wife has to find out what shes in for, and hopefully get the fuck out of there. The situation is pretty messy.
12/4/08 5:16 PM
Ignore | Quote | Vote Down | Vote Up
jbapk
Send Private Message Add Comment To Profile

Member Since: 1/1/01
Posts: 8325
The point is that you're probably not going to get good results when the guy presented you with the summons, you knew what it was and where it was, and now are trying to claim you service didn't happen. The judge is not going to look kindly on someone trying to delay the legal process when the other party met the standards for service they needed to.

The new girl friend has nothing to do with the legal case, and you're mom is probably better to get this guy out of your life.
12/5/08 4:34 AM
Ignore | Quote | Vote Down | Vote Up
BarkLikeADog
Send Private Message Add Comment To Profile

Member Since: 10/11/05
Posts: 9094
^Pretty much it. If you think I've been condescending, wait until the judge chews one or both of you out. Believe it or not, people in the legal system tend to have ideals based on it & react negatively to scofflaws & perjurors.

I'm not saying it will come out in court, but it might, & it's not worth the risk. You live there, your mom lives there; you know she lives there; the server knows what's up & did his job, & should that come to the judge's attention neither of you are wriggling out of that & now you're guilty until proven innocent, which can't possibly be worth it.

If you think that's shitty condescending advice, maybe you deserve more of it.
12/6/08 6:37 PM
Ignore | Quote | Vote Down | Vote Up
Fake Pie
3 The total sum of your votes up and votes down Send Private Message Add Comment To Profile

Member Since: 12/2/05
Posts: 17902
You could go to court for the purpose of disputing service.

It sounds funny, because how can you show up and then say you weren't served, but you don't say you weren't served at all--you just say service wasn't legally sufficient under the statute.

Just tell the truth. If you lose you go on with the case and no harm done. If you win, then they will just serve you again, but hey you got what you wanted.

Not showing up is just asking for trouble.

Reply Post

You must log in to post a reply. Click here to login.