ynkewmn Posted January 19, 2005 Report Share Posted January 19, 2005 A Process server stuffed a summons in my mailbox today. I'm not real sure about postal regulations but I am thinking that this is illegal. What to do, anyone? This has happened before, but the last time the server left one on our porch floor. I live in IL. Link to comment Share on other sites More sharing options...
DocDon Posted January 19, 2005 Report Share Posted January 19, 2005 http://www.megalawserve.com/states/il.phpIllinois Service of Process Rules. Link to comment Share on other sites More sharing options...
DocPC Posted January 19, 2005 Report Share Posted January 19, 2005 It is also a Federal crime to put anything other than Postal mail in the mailbox. Link to comment Share on other sites More sharing options...
ynkewmn Posted January 20, 2005 Author Report Share Posted January 20, 2005 Thanks Doc Don. Yes, I was assuming that it was a Federal crime but wasn't sure. I do know that it is illegal in IL to leave a summons and am planning to file a motion to vacate judgement on the prior. So first step maybe in this case, file a complaint with the USPS Inspector General's office? Wouldn't I need to find in county records who served the summons? You would think one would be so stupid as to file an affadavid of service on this one! This summons is to appear on prior judgement to discover assets. Link to comment Share on other sites More sharing options...
DocDon Posted January 20, 2005 Report Share Posted January 20, 2005 I am not related to DocPC, but appreciate the undeserved "thank you". Link to comment Share on other sites More sharing options...
ynkewmn Posted January 31, 2005 Author Report Share Posted January 31, 2005 Quick help needed here! I sent Bud Hibbs an email about this case and asked him if I should contact an atty. He didn't have an answer other than tell them I (Bud) sent you. Anyway, have been busy filling out our BK paperwork and have filed with our bk lawyer. My court date for the citation to discover assets is this Thursday, 2/3. SO, not time enough TO contact an atty. Our BK lawyer may possibly be able to file our BK on Wed, 2/2, butprobably not until the day of my court date, 2/3. If in the later, they told me to appear in court and tell the judge we have filed for BK. My question here, is there anything I may do about the illegal service of the summons?Appear on court date, and bring this up to the judge? Can I possibly have a shot at having the judgement vacated because of the illegal/improper service? I am aware that I may have it IIB, but I am angry that the process server(s) have violated the law, and are sloppy in the way they handle these summons. Link to comment Share on other sites More sharing options...
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