Legal Question in Civil Litigation in Illinois
Question
Someone is suing me for fifty thousand dollars and fraud.I was never personally served, and I never got any papers that apparently were left for me.There was a motion for default on 10-08-08 and there is a prove up set on 10-28-08.This lawsuit is from Cook County and has been filed under the Law Division.
I'm just wondering what I'm facing here and what my legal options are.
3 Answers from Attorneys
Re: Question
You need to see an attorney about vacating the default and filing a motion to dismiss. Feel free to call my office regarding this.
Re: Question
While I do not know the substance of the dispute, you must get an attorney immediately. Kindly provide me with your contact information to [email protected] so that we can discuss your next steps. I look forward to your call.
Re: Question
A default has already been entered against you. If a default has been entered, that means that the court has been satisfied with a proof of service. Papers do not have to be served on you personally. They can be left at your home with someone who lives there, or they can be given to you personally. Under certain circumstances, service can also be perfected via other means.
So, you have been defaulted--that is you have by default accepted all the allegations made against you. Now at prove up, the only question is how much you owe.
If you dispute the service of process, you must get to court and challenge it. If you want to fight the nature and extent of damages, you must appear and defend yourself--either personally or through counsel.
If you do not do that, a judgment will be entered against you. and then that judgment can be enforced and everything you owe will be at stake and fair game in the collection process.
The above is a general overview of what can happen. If you have any questions, feel free to call me. '
I hope this helps,
Nima Taradji