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I received summons in a civil case, it was left at door of…

I received summons in...

I received summons in a civil case, it was left at door of my previous residence, I got it from the realtor last Saturday

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

I live in Virginia, but the summon is from United States District Court Northern District of Illinois

Lawyer's Assistant: Has anything been filed or reported?

On the first page, it says: ...."You are hereby summoned and required to serve upon PLAINTIFF's Attorney XXXXXXXX

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

An answer to the complaint which is herewith served upon you, 21 days after service of the summons upon you

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Customer reply replied 1 month ago
I attached two pictures of first and second pages of the summons, what shall I do next? Within how many days I shall response?
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 1 month ago
I need to talk to an attorney now
Answered in 16 minutes by:
3/12/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,107
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

This isn't legal service of process so you don't have to respond at all. The person suing you has to get good legal service on you to formally notify you of the lawsuit. This can be by personal service from a sheriff or process server. Service of summons may be made directly by the process server handing the summons and complaint to the individual defendant or, in the alternative, by abode service. 735 ILCS 5/2-203(a). Abode service consists of the process server handing the summons and complaint to a member of the defendant's family 13 years of age or older, who regularly resides at the defendant's residence, and the subsequent mailing of the summons and complaint to the defendant at that address. 735 ILCS 5/2-203(a). Abode service is sometimes referred to as substitute service.

.

Personal service outside of the state may be made in like manner as service within the state by any person over 18 years of age who is not a party to the action. No order of the court is required, and an affidavit of the service shall be filed stating the time, manner and place of service. 735 ILCS 5/2-208(b).

.

.

So the time to respond doesn't start to run until they actually get good legal service on you and leaving a summons on your old residence's doorstep doesn't even come close to good service.

.

.

thanks

Barrister

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Customer reply replied 1 month ago
Thanks! How to understand this paragraph on the first page: ".... an answer to this complaint which is herewith served upon you, 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service"

It means that once the plaintiff has obtained legal service of process (which they haven't) you have 21 days to file an Answer to the complaint or you risk getting a default judgment entered against you.

.

But that clock doesn't start running until they good proper legal service on you..

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,107
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 1 month ago
How to understand this paragraph on the first page: ".... an answer to this complaint which is herewith served upon you, 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgement by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service"
Michael Bradley
Category: Legal
Satisfied Customers: 2,900
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Customer reply replied 1 month ago
If I don't respond to the court, judgement by default will be taken against me for the relief demanded in the complaint, that mean I loss the case by default?
Customer reply replied 1 month ago
don't understand this "the plaintiff has obtained legal service of process", How the plaintiff obtain legal service of process?

The plaintiff would have to prove that they got good service on you to move forward, which they can't legally do. So they can't move towards asking for a default judgment if they never properly served you.

.

don't understand this "the plaintiff has obtained legal service of process", How the plaintiff obtain legal service of process?

.

They haven't gotten good service... that is what I am saying over and over..

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Customer reply replied 1 month ago
Sorry because I don't understand these legal terms. Then what is the purpose of the summons?
Customer reply replied 1 month ago
I don't understand what "good service" means

Ok, let me back up to the beginning of a lawsuit and start from there... A plaintiff wants to sue a defendant (you). They go to the courthouse and file a lawsuit. Under the rules of lawsuits, the plaintiff then has to make sure that you have legal notice of the lawsuit so you can defend (called "service of process"). If the plaintiff can't track you down and have a 3rd party process server hand you the summons and complaint, then they don't have "good service" so the lawsuit can't continue.

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So the process server can't just throw the summons on the ground at a place you used to live at and hope that it eventually gets to you.... that is not "good service". They have to keep trying to locate you to hand it to you personally or the lawsuit can't move forward.

.

So they can only get a default judgment against you if the process server hands you the summons personally, then you ignore it and don't file an Answer with the court within 21 days.

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Barrister
Barrister
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Category: Legal
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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