Excellent answer by Attorney Hoffman. Always accurate and on point..
I believe this is only civil. The last paragraph of the notice of motion is Proof of service by mail which states, "Under penalities as provided by law purusant to section 1-109 of the illinois code of civil procedure...", so I assume this is just a civil case which the insurance should be handling. The motion however states, "Now comes the Plantiff and hereby moves this Honorable Court to default the Defendent (my daughter's name) for the reason that said party has been served with Summons and has failed to file an Appearnace and set this cuase for Prove-Up and entry of Judgment on a date certain." That is what worries me. I called the insurance today and emailed them a copy of this but they still have not gotten back to me, which does not surprise me....
Were you or your daughter ever contacted by the insurance lawyer?
Ok, think I see what's happening. If you or your daughter received court papers (summons and complaint), usually from the Sheriff, and forwarded them to your carrier, they should have appeared for her. It seems as if they did not and it means you have to hurry up and send these papers to the carrier ASAP and contact them immediately. If they cannot confirm they will fix this immediately, see a lawyer. Your daughter could have a default judgment against her if she doesn't handle this immediately.
Not at all. I was not even aware of this until we go our first summons in Sept. 2012 for a Nov. 1st court date. The insurance company told me that they had offered her a settlement which the plantiff did not find acceptable, which was the reason for the law suit. I wanted to go to court, but they advised that it was not necessary. I was to forward the legal notice to them and they would take care of it. I thought it had been resolved (stupid me for not checking on the status), but then I received the second summons yesterday.
And you have proof you faxed it to the carrier? If so, someone there screwed up. Get on it right away and demand a reply. Sometimes this can just be attorneys being slow in filing papers but you can't let it slide. Hope it turns out okay. Save copies of everything and if you do not get a reply by the date for hearing, show up yourself!
Stephen, could I set up an appointment with you? I am very confused by this entire matter and do not want my daughter to be penalized. While this accident happened in Lake County, it is being filed out of Chicago. We live on the IL/Wi border so that is very much an inconvenience for us.
Also, reviewing your last comment, yes, the first papers (summons with a personal injury complaint attached), which where served by a very, very, rude Sheriff (that is another story all in itself). That is the first time I contacted the insurance company and was told they will take care of it, just email the papers I received to them.
Feel free to contact me Monday. I would be happy to explain and decipher the process and determine if you require legal representation.
Yes, I have copies of the emails that I sent to the insurance company. They wanted them to be copied and emailed.
Thank you very much. Is there a time that works best with regards to a phone conference?
Perhaps late morning/early pm.
How about 11:30?