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Debt collection/Serving papers.

Asked over 2 years ago - Chicago, IL

I was sued for a credit card debt, when they served me the papers, I live in a condo complex I was not at home and they served the papers to my next door neighbor. Would that be considered valid notice? If not, do I still need to respond to the compliant?

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Attorney answers (1)

Erik Glen Swanson

Reputation Level 15

Answered over 2 years ago. Debt Collection Attorney in Skokie, IL.

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Serving your neighbor, unless he was in your residence at the time, would not be proper service. To serve a summons and complaint, it has to be served on a member of your household over the age of 13.

You can bring a motion to quash service and it will likely be granted, at which time, the creditor will re-place the summons and have you served properly. It will buy you time, but it's not a fatal defect.

Although improper service technically means you don't have to appear, I would not assume that the creditor's attorney or the judge will look closely at the service, so you'd probably have a default judgment entered against you. While you would have easy grounds to vacate the same, it's not worth the hassle, IMO.

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