What to do about problem with subpena service

[joltinjo]

I live in Illinois and have tried 4 times to have a person in Pennsylvania served notice of a small claims. The sheriff's office has been unable to serve him. Even they say he is avioding them. They talkeds to him once on the phone and he refused to tell them how to reach him. Is there a way I can get a judgement against him without service being made?

 

[JenniferH]

NO. Law says defendant must have proper service.

Check PA laws and see if you must absolutely have the sheriff serve. If at all possible, get a private process server to serve the papers. They have ways of being unavoided.

PS: Even if you get the judgment, the even harder part is going to be the collection, since this is one sneaky sneak.

 

[joltinjo]

I have filed the complaint in IL not in PA as that is where I live and the transaction took place over the internet but was concluded here.
Also I know where he works and have tried to have him served there 2 of the 4 times sp the collection problem should be a little easier.
Don

 

[JenniferH]

My response still is the same, just substitute the state. Since you filed in IL, are you allowed to have Private process service in your state as opposed to sherrif? If yes, hire private process server in PA for IL service. Other than that, you would be at the mercy of the sheriff in PA or whoever you have serving where the problem is.

As for collection, if you are successful in IL and are going to collect on guy and he lives and works in PA, you are going to have to file a foreign judgment in PA off of the IL judgment and abide by PA collection rules, which are strict. PA is a hard state to collect in is what I am trying to say.

Regards,

 

[ferlee]

If Ill. law applies, does the following apply?

Taken from http://www.megalawserve.com/states/il.php3

735 ILCS 5/2-203. 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

Does that mean either or? Then perhaps someone at home is dumb enough to take the service (not necessarily the person) with a certified RRR might be sufficient?

Definitely check with a local lawyer, as I am not local, nor a lawyer.

Best of luck!