Legal Question in Credit and Debt Law in Illinois

I was garnished by an attorney who filed a fraudulent summons. I didn't find out about them until I was going to court. Since then; my research of the court file shows that they "served a summons (thru a process server they share an office with) after obtaining an ex-parte motion because the sheriff said (provable thru my voter's regs) that I didn't live there. Needless to sya; I didn't know and they won a default judgement. What are my options now?


Asked on 3/16/10, 1:58 pm

2 Answers from Attorneys

David Labovitz Labovitz Law Firm, P.A.

Hi. If you can in fact establish that you were never properly served, you would be able to get the judgment vacated. In that case, I assume they would probably re-file, serve you properly and proceed as before toward obtaining another judgment.

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Answered on 3/21/10, 4:15 pm
Frank Vosholler Law Office of Frank L. Vosholler III

File a motion to quash service. I recommend doing this as quickly as possible.

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Answered on 3/21/10, 9:15 pm


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