Small Claims lawsuit, but no summons

[defamationguy2]

What is the name of your state (only U.S. law)? Illinois

Hi. I was doing some research on judici.com and decided to enter my name in a search for my own county court. I was shocked to discover that a small claims lawsuit had been filed against me on 12/26/2012. There were two hearings scheduled listed as "complaint". One on 1/23/2013 and one on 4/17/2013. I have never received a summons. According to the website (which says this file has not had a new upload of info since March), there is has been no default judgement. I would have been an easy one to be served a summons. I'm home a lot (I'm unemployed) and my address has not changed. I received a regular (non-certified) letter from the firm just one month before the lawsuit was filed, and it was sent to my true and current address. My address is listed in the phone book. The point being - it appears that the plaintiff made little effort in getting me served. I don't want a judgement against me. I've sent a check for what I owe to the plaintiff (not the lawyer, but the original creditor) as soon as I came across all of this. Still concerned about a default judgement or other nasty stuff - can they do anything without actually serving me a summons? How should I handle this?

 

[swalsh411]

There can't be a judgement without a trial.

Did the check you sent clear?

 

[defamationguy2]

Response

I just sent the check yesterday when I found out about the lawsuit. So it is too early for it to clear.

There can be a default judgement without a trial. That is what I was afraid of. I wasn't served, so I didn't show up because I didn't know anything about it.

Thankfully, I discovered today that there has been no default judgement against me.

I went to the court house and got copies of all the paperwork on the case. After 4 attempts, they failed to serve me on the first summons issued 12/26/2012. An affidavit of non-service of summons was filed a day before the return day which was 1/23/2013. On 3/12/2013, an alias summons was issued. After 3 attempts, they again failed to serve me. An affidavit of non-service of summons was filed on 4/16/2013, a day before the return day of 4/17/2013. The clerk told me that I was never served, there has been no judgement, and that a new hearing date has not been scheduled. She said a continuance has been granted and that everything is just on hold.

I have tried to contact the original creditor (hospital) today to try to negotiate a settlement. The amount sued is $210 plus $250 attorney's fees and court costs (which look like they will be about $100). I sent a check to the hospital for $210 yesterday but it will take a few days for it to get there. I'm hoping they will settle for the $210.

I've also emailed the attorney for the plaintiff last night but he has not responded. I want an email correspondence with him so its in writting. I don't want to talk over the phone if I can avoid it. I told him that I would immediately send the hospital the $210 if that will settle the matter. I then also explained my dire financial situation. I did not give him detailed information such as places of employment, income amounts, etc. that he could later use against me in wage garnishment, liens, etc. I have not heard back from him today.