Legal Question in Real Estate Law in Illinois
I watch my cases on the web site daily. I saw a Proof of Service filed. as I have not been served any papers. Notifying me of a court date.Do I have any recourse?
1 Answer from Attorneys
Could very well depend on the kind of case it is (which you don't say), and then possibly:
1. Not show up on the risk that you weren't properly served, wait for the next shoe to drop, and then fight your way out of the proverbial paper bag.
2. Show up and file what's called a "SPECIAL AND LIMITED APPEARANCE" to contest service of process (which, if not done exactly right, submits you to the court's power), delay things, eventually get served, etc. This will also run up court costs which, if you lose, could be assessed against you.
3. Show up, file an appearance, answer, etc. (plead as required), submit to the court's power, and move on with the case knowing eventually it will happen anyhow.
Contact an attorney, explain what the case is about, and get a complete answer that is best suited to your particular situation. Postponing what may be inevitable may only make it more difficult to settle if there's that possibility.