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NP, JK!


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Posted by Boadicea (66.149.179.202) on May 18, 2004 at 14:21:30:

In Reply to: Hi Boadeau posted by J Kelly on May 18, 2004 at 10:16:10:

Honestly, I didn't think that's what you meant. But here, if you don't file an appearance OR a "special appearance" (which is simply an appearance contesting jurisdiction) by the return date on the summons, the plaintiff wins.

Now, here's the sticky part and what I'm sure you were referring to: If you file a regular appearance in IL, you've just submitted yourself to jurisdiction. That means that improper service is no longer a defense. You're admitting that you were given notice (even if the notice is not "proper"). I agonized over that one myself, until Why Chat made it clear to me that it was really not a bright idea.

If it's beyond the SOL, it's beyond the SOL. The date that the complaint is filed is what counts, not the date that you're served. So it doesn't give you any advantage whatsoever to evade service of process when it comes to MCM. They have the same evidence at the time of complaint that they will have three months later....which is NOTHING.

Better to take the bull by the horns and prepare to challenge them. If they claim "substituted service" they will move for default rather than perfect service of process. This person is in IL, so I'm sure MCM is making the same moves on this person that they do for all the rest here.


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