Legal Question in Real Estate Law in Illinois
Was I legally served by a Process Server?
Cook County, IL First District Municipal Court, I stopped paying assessments in April, 2008 after 2 years of exterior water damage coming into my condo from the outside. Association repeatedly said they would repair and never have. This is not a defense for non-payment. I'm looking for an apartment now as more water damage, mold and mildew is all over. I can't sell (2 yrs. of known defects) and MUST move for my health. My question, I came home yesterday and a Process Server clipped an ''Alias Summons for Trial'' (to evict) to my door knocker, no envelope, in plain site for all to see? Is this legal service in Chicago, Cook County, IL? Was I served perperly/legally (he/she signed 12/26/08 as Date of Service, no name of Server, and it says for Server to insert date on day copy left with defendent or other person). It was hung by a meta clip to my hallway condo front door knocker. I filed Ch. 7 last week naming the association as a Creditor & surrenduring condo back to Mortgage Co. since I cant sell (defects). Should I go to court, was I propertly served? Ignore it and just move since I already filed Ch. 7? I'm losing my home because the association won't repair the leaking exterior window wall curtains. I'm tired of fighting.
3 Answers from Attorneys
Re: Was I legally served by a Process Server?
If you want peace of mind, you should spread of record the bankruptcy in the Municipal Case or send a copy of the automatic stay by certified mail to the attorney who represents the party who is suing you.
Re: Was I legally served by a Process Server?
Service was proper. The bankruptcy will take precedence and the matter will be worked out through that. Talk to your bankruptcy attorney about a counter suit for the association not living up to its end of the bargain.
Re: Was I legally served by a Process Server?
Whether you were served properly doesn't really seem to be the issue. The issue is whether you need to worry about this law suit? Just make sure the association knows you are in bankruptcy. They cannot legally proceed against you in state court while you are in bankruptcy. Let your attorney know so they can help you make sure the association does not do anything they are not legally allowed to do.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
