Legal Question in Landlord & Tenant Law in Illinois

Summons

How do I respond to a summons that was not actually handed to me? Do I have to appear?


Asked on 3/15/07, 2:16 pm

2 Answers from Attorneys

Noelle Ansley Noelle Ansley

Re: Summons

It depends on how it was served on you (or not served on you, as the case may be). Service is proper if it is 1.) made on you personally, or 2.) by leaving a copy at your home with anyone that lives there that is age 13 or older, although the sheriff must tell the person that it's a summons and complaint and must mail a copy to you as well. There's also service by publication, but that applies to land matters where the person can't be located.

If you feel you have not been properly served, you do not have to appear, but you might want to get an attorney to contest the service because the proceedings are going to go on without you. If you aren't represented in the proceedings, the plaintiff may obtain a judgment against you in your absence (called a default judgment). Since you are aware that you are being sued, it's in your best interest to start taking steps to protect yourself.

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Answered on 3/15/07, 2:36 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: Summons

A summons does not have to be physically in your hand - for e.g., it can be thrown at your feet! You are best off dealing with whatever is going on because judgments can be entered against you if you do not respond.

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Answered on 3/15/07, 2:39 pm


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