I have never been served a summons for an open small claims case from 2006. Can the case be dismissed?

Asked over 1 year ago - Peoria, IL

I discovered (through a local records search) that I have an open small claims court case against me from May 2006. I have since gotten married, changed my last name, and moved to a different state, so I was never served with a summons. The docket information does confirm that I have never been served. The last action listed on the docket information was in 2009, when the judge was reassigned. Is this something that I can eventually have dismissed? If not, how long can this case stay open if I am never served a summons?

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . I believe you need not worry. Should you ever hear about the case again, a simple motion to dismiss it because of years of inactivity would be a likely winner once you are served with process. I believe if I remember right that Ill. Sup. Ct. Rule 105 addresses this kind of measure.

    Good luck.....and relax.

  2. Judy A. Goldstein

    Contributor Level 20

    Answered . It is unlikely the case is actually still open. It should have been dismissed for want of prosecution. You are best to leave sleeping dogs lie. Check the records occasionally if you like. If judgment is ever entered against you, you have a very good argument to quash the summons and vacate the judgment.

  3. Adam J. Lysinski

    Pro

    Contributor Level 9

    Answered . I agree with the other answers. You (or someone on your behalf) can always pull the physical court file and verify this, but it sounds like the risk that you have a judgment against is nominal. Good Luck

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