Tampa, FL asked in Bankruptcy and Collections for Illinois

Q: I am being sued for debt, but never received court papers. Do I need to show up at court without being served??

I was out of states for two months. When I got back I noticed mails from different law companies that there is a lawsuit agains me. I have never was served papers. Don’t know what to do and if I have to be in court even if I never was served

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2 Lawyer Answers
Bryan R. Bagdady
Bryan R. Bagdady
  • Collections Lawyer
  • Oakbrook Terrace, IL
  • Licensed in Illinois

A: In Illinois, a court does not obtain jurisdiction over you until you are served with the summons and complaint. If several attempts were made to serve you and they were unsuccessful - presumably so since you were out of town, then the plaintiff may be in a position to ask the court for permission to serve you via alternate means. This can include service by certified mail or electronic service such as email or facebook. Do not assume that just because you were not served by a sheriff or special process server that you are in the clear.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Check with the courts they are filed in to see if there are any dates pending. Until you have been served, they should not be able to proceed.

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