Re: Summons Served/Settle or Fight???

Posted by MCM bait (66.149.179.202) on March 19, 2004 at 17:45:26:

In Reply to: Re: Summons Served/Settle or Fight??? posted by Desperate on March 19, 2004 at 15:43:24:

I'm in IL and have been through some of this, so maybe I can help a bit.

Does your girlfriend actually *live* at your home? If she doesn't live there, than you may be able to attack jurisdiction on the grounds of improper service of process. You *must* file what is called a "special appearance" by the due date. Unfortunately, even if you are successful, all it will buy you is time. You're apparently still with the SOL, so all they'll do is refile and serve you again.

If she lives there, however, process was proper and it's called "substituted service." You'll have to file an appearance on the due date and make any motion to dismiss during trial. At this late date, you're better off making a motion to delay the trial to give you time to prepare. Just tell the judge that you need time to seek legal advice and prepare your defense. They won't turn you down, because you're without an attorney and considered very vulnerable.

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