Legal Question in Disability Law in Illinois
i was served papers in IL, cook county. the process server trespassed onto my property. the back door was unlocked and he let himself into my house! at the time i was sleeping on the couch after a long night on the town and was not feeling well. i woke up dazed when the man was coming into my bedroom! i quickly got up to figure out what the hell was going on and who the hell was inside my house. i don't have too much recollect about the situation but i do remember identifying myself and signing a piece of paper. despite my stupor, i was becoming irate at the fact that this man came into my home on a sunday afternoon into my private living areas where i could have been inappropriately dressed and he seemed to lack concern for that fact. i was so mad that i threw the papers aside and totally forgot about the court date. i also did not call or threaten to call police because 1. i was half asleep and not feeling well at the time 2. he had a badge and ive never been served papers before so i was a little intimidated. are there rules/regulations about service of papers? can a man let himself into my unsecured house and start going through every room to find a person? i realize i should have not signed anything and called police for trespassing but i can't now. i also didn't get the mans name because again, i was half asleep and becoming irate about him walking in on me as if he owned the house...it all happened so fast. because i missed the court date, a default judgment was entered. but im wondering if i can motion to vacate on a technicality because the server essentially used unscrupulous service methods and for all intents and purposes trespassed and unlawfully entered my home?
thanks.
1 Answer from Attorneys
You may want to hire a lawyer to appear for you in the court case and/or to also advise you about the service and default, before the expiration of the time for vacating a default. As for the service, the server probably will say that he process knocked.or he found the door open and you invited him inside and/or the door was wide open and he was simply knocking and you responded, especially since you signed for the papers. There is realy nothing wrong with you signing for the papers. Normally your signature is not necessary for them to serve you or to prove you were legally served. Best of luck to you. Attorney Alex