Legal Question in Real Estate Law in Illinois

I signed a contract to buy a pre-construction condo in Illinois. I put money down and signed a promissary note for $27000. By the closing date, I could not close on the loan due to bad credit. Now, they have a collection agency after me for the $27000. I do not live in IL and am hard to find.

Do they need to serve me with papers to get a judgement? Or can they publish in newspapers (constructive)? If they need to serve me with papers, cant I just stay where they cant find me for 7 years until the statute of limitations expires?


Asked on 4/30/10, 2:14 pm

3 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

they need to serve you to get a judgment, or serve someone over the age of 13 where you live.

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Answered on 5/05/10, 2:27 pm
Frank Vosholler Law Office of Frank L. Vosholler III

Actually, if can not serve you by personal service, they do have the right to serve by publication.

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Answered on 5/05/10, 8:23 pm
Thomas Moens Moens Law Offices, Chartered

The statute of limitations is probably ten years, and my guess is you are not as hard to find as you think. People will work pretty hard to collect that amount of money. Even if they cannot serve you personally, there are numerous other ways to have effective service, including putting an notice in the newspaper. If they filed the lawsuit in Illinois, it could then be registered in any other state, where they could commence collection against you. The judgment also likely will appear on your credit report, making it difficult to get loans for cars and homes.

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Answered on 5/06/10, 9:38 am


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