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?
2 Answers from Attorneys
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.
File a motion to quash service. I recommend doing this as quickly as possible.