Being served

[Ilinfoplz]

What is the name of your state (only U.S. law)? Illinois
I went to visit my dad the other day and he handed me some papers. He said that a local police officer had come and had some papers to serve me. The officer did not know where I lived, the address on the court papers were wrong, so he came to my father's house instead. My father told him where I lived and where I worked but the officer said he could just have my father sign for them and leave them there. My father signed for the papers and "put them up" so he wouldn't lose them. That was 4 months ago. I just got them and the court date passed 2 1/2 months ago.

Since I was supposed to be the one served, my father is no way involved, can they leave the papers with him? Are they not responsible with actually serving me?

When I called the court to find out what to do they said that the case was concluded and since I did not show up I was found in default. How can that be since I was never notified about the proceedings? It has to do with a home that my ex received in the divorce and I gave a quit claim deed to but he never refinanced. Is there anything I can do now?

 

[JETX]

Since I was supposed to be the one served, my father is no way involved, can they leave the papers with him? Are they not responsible with actually serving me?

Based on your post, if you had used that address previously as "your usual place of abode", it is likely that it was a proper service per the following:

735 ILCS 5/2-203. Service on individuals.
Except as otherwise expressly provided, service of summons upon an individual defendant shall be made
1. by leaving a copy of the summons with the defendant personally,
2. 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
3. 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.

 

[Ilinfoplz]

The last time I used that address was in 1998. I have my own home and have for quite some time. The court house has both my physical and mailing address and have since my divorce proceedings in 2008. So since I once lived with my father, when I was in highschool and college 12 years ago, they can still serve me at that address and not my address of the past 4 1/2 years?

 

[JETX]

The court house has both my physical and mailing address and have since my divorce proceedings in 2008.

Gee... and you think that every process server in the state should have search through your divorce record to try to find you??

So since I once lived with my father, when I was in highschool and college 12 years ago, they can still serve me at that address and not my address of the past 4 1/2 years?

Yep.
As already noted, they can serve you at ANY address where they BELIEVE is your " usual place of abode, with some person of the family or a person residing there".
You do have the right to go to court and ask that any judgment be set aside as 'improper service'. The court will hear your version.... and make a decision.

 

[Zigner]

The last time I used that address was in 1998. I have my own home and have for quite some time. The court house has both my physical and mailing address and have since my divorce proceedings in 2008. So since I once lived with my father, when I was in highschool and college 12 years ago, they can still serve me at that address and not my address of the past 4 1/2 years?

Probably not - you should seek the help of an attorney to try to have the default reversed due to lack of service.

However, you are just delaying the inevitable.