Legal Question in Real Estate Law in Illinois
False information on Summons serving
I am being sued in a foreclosure. When I went down to the court today to reply to the summons that I served on Sept 3 I was told that I was past the 30 days. I questioned it and was showed the court docket which has a copy of the summons that stated my husband was served on the 12th of Aug at 8:39 p.m. My husband was not home at that time. He was with the Boy Scouts revue board with our son. There were 8 other people there with him that can verify he was there till afer 9:30 p.m. There was nothing in the docket that showed I was served on the 3rd of Sept. What can I do?
3 Answers from Attorneys
Re: False information on Summons serving
You need to file to vacate the default and be allowed to file an answer. See if a default order was entered and call my office.
Re: False information on Summons serving
This is your home. Don't screw around by representing yourself. This is not the type of matter that you should handle pro se. Hire an attorney asap.
I may be wrong but you may be able to check whether a default was entered by
checking online at the Clerk's web site
Good luck
Re: False information on Summons serving
I agree that you and your husband should hire an attorney to file a Motion to Quash the return of service and vacate any default judgment that was entered based upon the false return. Usually we file an affidavit with the Motion stating the facts that youhave given us, and then we may have a hearing at which testimony could be presented. You only have a limited amount of time within which to act, so contact an attorney without delay.
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