How do we respond to an alias summons by mail?
Full Question:
Answer:
The court will typically not dismiss the complaint if the plaintiff used reasonable diligence in obtaining service. If a party avoids service, the court may allow service to be made by alternative means that don't require personal delivery, called substituted service. A failure to respond after substituted service is made may result in a default judgment being entered against that party.
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. Since, under rules of procedure, allegations not specifically denied are deemed admitted, failure to file a responsive pleading will generally result in the entry of a default judgment against the defendant. When a complaint is filed and the defendant fails to file an answer within the applicable time period, a default judgment may be entered against the defendant. After a default judgment, garnishment procedures may be used to collect on the judgment.
An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. The answer will generally either admit or deny each claim made by paragraph, or state an inability to admit or deny for lack of knowledge. Defenses may also be raised. A counterclaim or cross claim may also be asserted.
I suggest contacting a local attorney who can review all the facts and documents involved. An answer must be filed in the time provided to avoid a default judgment in the plaintiff's favor.
The following atr IL statutes:
Sec. 2-203. Service on individuals.
(a) Except as otherwise expressly provided, service of summons upon an
individual defendant shall be made
(1) by leaving a copy of the summons
with the defendant personally,
(2) by leaving a copy at the defendant's
usual place of abode, with some person of the family or a person residing
there, of the age of 13 years or upwards, and informing that person of
the contents of the summons, provided the officer or other person making
service shall also send a copy of the summons in a sealed envelope with
postage fully prepaid, addressed to the defendant at his or her usual
place of abode, or
(3) as provided in Section 1-2-9.2 of the Illinois
Municipal Code with respect to violation of an ordinance governing
parking or standing of vehicles in cities with a population over 500,000.
The certificate of the officer or affidavit of the person that he or she
has sent the copy in pursuance of this Section is evidence that he or she
has done so. No employee of a facility licensed under the Nursing Home
Care Act shall obstruct an officer or other person making service in
compliance with this Section.
(b) The officer, in his or her certificate or in a record filed and
maintained in the Sheriff's office, or other person making service, in
his or her affidavit or in a record filed and maintained in his or her
employer's office, shall
(1) identify as to sex, race, and approximate
age the defendant or other person with whom the summons was left and
(2)
state the place where (whenever possible in terms of an exact street
address) and the date and time of the day when the summons was left with
the defendant or other person.
(c) Any person who knowingly sets forth in the certificate or affidavit
any false statement, shall be liable in civil contempt. When the court
holds a person in civil contempt under this Section, it shall award such
damages as it determines to be just and, when the contempt is prosecuted
by a private attorney, may award reasonable attorney's fees.
735 ILCS 5/2-203.1 (from Ch. 110, par. 2-203.1)
Sec. 2-203.1. Service by special order of court. If
service upon an individual defendant is impractical under
items (1) and (2) of subsection (a) of Section 2-203, the
plaintiff may move, without notice, that the court enter an
order directing a comparable method of service. The motion
shall be accompanied with an affidavit stating the nature
and extent of the investigation made to determine the
whereabouts of the defendant and the reasons why service is
impractical under items (1) and (2) of subsection (a) of
Section 2-203, including a specific statement showing that a
diligent inquiry as to the location of the individual
defendant was made and reasonable efforts to make service
have been unsuccessful. The court may order service to be
made in any manner consistent with due process.