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Why Chat --How effective would this motion be?
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Posted by MCM bait
(66.149.179.202) on February 16, 2004 at 09:14:26:
Why Chat -- How effective do you think a motion to quash service and dismiss complaint would be under the following circumstances in Illinois?
1) Action filed 9/03 on an SOL debt
2) Service returned "no service"
3) Alias service issued 1/04 by private process server
4) Alias service returned 2/04 as "substitute service" although the alleged substitute service was actually stuffing the summons and complaint between the door and storm door when no one was home. No copy of the summons and complaint was mailed to the defendant.
5) Illinois statute says:
(735 ILCS 5/2‑203) (from Ch. 110, par. 2‑203)
Sec. 2‑203. Service on individuals.
(a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or (3) as provided in Section 1‑2‑9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.
6) Return date is tomorrow, and if a general appearance is made (as opposed to a special appearance first to file a motion to quash), you have effectively submitted to jurisdiction. Thanks, Why Chat! I'm not sure how often such motions are successful and wonder if I'd be wasting my time filing a motion to quash.
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