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Alice Wright
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In April 2007,, I was summoned to appear in court to ...

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In April 2007, I was summoned to appear in court to address an outstanding disaster loan issued 10/1997 (which was sold to Lehman Bros). I paid required fees and appeared before a jugde. An arrangement was made to start making payments, however the lawfirm never followed thru in setting up. A date was scheduled to appear before the judge of resolution. On date of appearance, plaintiff lawyer did not show. Judge gave order of dismissal. On Dec 28th, a summons was left at my door (which I don''t think you can do in the state of illinois), requesting me to appear in court for same reason. I checked the county records,it shows that the plaintiff informed the judge that I was not cooperative and that I moved and could not be reached (I still live at the same address.). In trying to set up the initial arrangement, I gave the lawfirm all phone numbers(work, cell and home). They never attempted to reach me. What should I do? This lawfirm is not telling the truth to the judge. At this point I don't want to pay them, and the Judge's decsion to reinstate is based on false information.


The service of summons statute is here:

735 ILCS 5/2-203. Service on individuals.

  1. 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.

  2. 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.

  3. 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.)

As you can see, you were properly served.

As to your second question, you need to file a motion to quash the complaint based on the fraudulent statements and evidence in the underlying case. I suggest you hire an attorney to assist you with this motion.


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