Legal Question in Credit and Debt Law in Illinois

Question regarding motion to quash

I received notice of a default judgment months after a suit was actually filed. I was never served a summons, but a special process server falsely claimed I did. I filed a motion to quash, and am going to court in about 2 weeks to have the motion heard.

I have proof to show the judge I wasn't served. I was actually at work (server claims he served at my residence) and the process server also describes me as a person of a totally different race than what I am. What happens if my motion is granted and the judgment is vacated? Incidentally, I'm noticing quite a few holes in the plaintiff's attorney's case (continuing to send mail to a known bad address and not sending mail to the valid address as claimed). Can these things be argued in court when this motion to quash is heard? Is there a great chance this suit will get thrown out in its entirety?

By the way, the alleged debt is nearly 9 years old, and I have not received requested documents from the plaintiff to substantiate the debt. This suit does fall within my state's statute of limitations, but my hope is, due to various flaws, the judge will throw this case out.


Asked on 2/27/09, 10:55 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Question regarding motion to quash

If service is quashed the judgment should be vacated, then the Plaintiff will have to prove the debt is owed to them. Without more information, your chances of success are hard to determine, but it wouldn't hurt for you to consult with a local consumer law attorney.

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Answered on 3/02/09, 11:16 pm


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