Being sued - IL - CC

[werd]

Illinois. Im being sued by a law firm representing a old credit card. i owe $4100 2 years old. While i was at work a man came to my house and knocked on the door. My girlfriend answered and the man asked if i lived there. She said yes but i was not home. She asked what it was about and he would not tell her. He then attempted to hand her a envelope and she said she does not want to get involved in my affairs. He said you have to take it. She then closed the door, then the man put the envelope in the door and another one in the mailbox and left. In it was a summons to go to court. I plan to show up to court and face the music but my question is didn't they break some sort of rule? While i was looking this up it said if certain procedures weren't followed then the suit could be thrown out.

 

[Zigner]

Illinois. Im being sued by a law firm representing a old credit card. i owe $4100 2 years old. While i was at work a man came to my house and knocked on the door. My girlfriend answered and the man asked if i lived there. She said yes but i was not home. She asked what it was about and he would not tell her. He then attempted to hand her a envelope and she said she does not want to get involved in my affairs. He said you have to take it. She then closed the door, then the man put the envelope in the door and another one in the mailbox and left. In it was a summons to go to court. I plan to show up to court and face the music but my question is didn't they break some sort of rule? While i was looking this up it said if certain procedures weren't followed then the suit could be thrown out.

Nope - you've been properly served.

 

[adjusterjack]

Not exactly.

(735 ILCS 5/2-203) (from Ch. 110, par. 2-203)
Sec. 2-203. Service on individuals.

(a) 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.

No employee of a facility licensed under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act shall obstruct an officer or other person making service in compliance with this Section. An employee of a gated residential community shall grant entry into the community, including its common areas and common elements, to a process server authorized under Section 2-202 of this Code who is attempting to serve process on a defendant or witness who resides within or is known to be within the community. As used in this Section, "gated residential community" includes a condominium association, housing cooperative, or private community.

(b) 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 (1) identify as to sex, race, and approximate age the defendant or other person with whom the summons was left and (2) 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.

(c) 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.

Doesn't appear that number 2 was complied with.

However, it isn't likely to make much difference once the defendant goes to court.