Legal Question in Civil Litigation in Illinois

summons meaning and time constraints

I received a summons to appear in court 24 hrs. before the court date.It says at 9:00am and it also says if I have filed a written answer at 1:pm.I have not filed a written answer,I am searching for an attourney,if I cannot make court appearance what are the actions that are going to be taken against me; and is there a way to avoid action being taken against me. I do not feel 14 hrs. is enough time to become prepared.


Asked on 4/17/05, 6:05 pm

1 Answer from Attorneys
Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: summons meaning and time constraints

If the summons comes from a state court in Illinois, the service of it is invalid. You were entitled to at least three days' notice. If so, the summons should state, at the bottom, "This summons may not be served later than 3 days before the day for the appearance." Hire an attorney to raise this objection, which you should make promptly, say in 14 days.

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Answered on 4/17/05, 6:14 pm


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