Legal Question in Civil Litigation in Illinois

if a lawsuuit is filedagainstmebut i was neer formaly served what will happen?


Asked on 11/10/11, 11:44 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If service has not been had, nothing will happen. If the plaintiff serves someone and claims you live there, the court will enter a judgment against you and you will have to come in and prove you never lived there at the time of service.

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Answered on 11/10/11, 12:37 pm
Nima Taradji Taradji Law Offices

You need to make sure that in fact you were not served--being served does not always mean that you have to have received the paperwork in hand. There are various methods to effectuate service only one of them requires personal in hand service of process.

Assuming that you have not been in fact served, the court generally will not enter any adverse ruling until some sort of service is obtained-generally, if personal service is not obtained, the plaintiff will attempt to get alternative services and if those don't work, and they can show that they have done all that is reasonably possible to do to get service, the court will then allow alternative service of process. The long and short of it is that at some point, through various maneuvers, the court will be satisfied that service has been effectuated and will proceed with hearing the case and ruling on it--which may or may not include the entry of a judgment against you.

I hope this helps-

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Answered on 11/10/11, 1:00 pm


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