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Court date on 10/18, have not received summons.
I found out that I am being sued for an old credit card through my county’s court case search online. When I called the court house they said the petition against me was filed September 19 of this year. When I spoke to the county clerk to verify the person in this suit was me I had to tell her my address. It was the same as on the motion they filed so they know where to find me. The court date is October 28 and I have yet to receive a summons. Do you think I should have received something regarding this case by now, its only two weeks away? Are there any law/rules in IL stating a time frame on when the petition was filed and when you should be served?
Attorney answers (2)
A summons in Illinois is only valid for 30 days. Then an expired summons must be reissued and sent for service again. If you have not received notice by the court date, you should be careful about appearing. If you appear, you will waive your rights to appeal defective service unless you raise the issue immediately. You should speak with an attorney prior to your court date to discuss this matter.
This response is informational only and is not legal advice. Further, this response does not establish an attorney client relationship.
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Mr. Pavlinski is correct; if you have not been served with the lawsuit, you do not yet have to appear; doing so will likely result in you waiving the issue. The plaintiff cannot get a default judgment without proper service.
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