2020 IL App (3d) 190016
Ill. App. Ct.2021Background
- Plaintiff filed a mortgage-foreclosure complaint in Kankakee County (county population <2,000,000); summons issued from Kankakee County.
- A registered private detective (Ryan Leggott) served defendant Denis Moriarty on Dec. 28, 2016 at Rush Hospital in Cook County (population >2,000,000) without a court appointment.
- Defendant did not answer; trial court entered default judgment of foreclosure and a personal money judgment; foreclosure sale was later confirmed.
- Defendant later appeared, litigated (filed and voluntarily dismissed an appeal), then filed a 735 ILCS 5/2-1401 petition arguing the default judgment was void for lack of personal jurisdiction because service in Cook County required special appointment under § 2-202(a).
- The trial court denied the 2-1401 petition, concluding § 2-202(b) allows any person authorized to serve process to serve defendants anywhere in the State when the summons was issued from a county with population under 2,000,000.
- The Third District affirmed: because the summons was issued from Kankakee County, the licensed/registered private detective could validly serve in Cook County under § 2-202(b), so the judgment was not void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether service by a registered private detective in Cook County (without court appointment) was valid when summons issued from a county with population <2,000,000 | Private detective authorized by § 2-202(a) in issuing county may serve defendants anywhere in Illinois under § 2-202(b); service was proper | § 2-202(a) requires special appointment to serve in a county with population >2,000,000 (Cook County); service without appointment was invalid, so judgment is void | Court held service valid: § 2-202(a) identifies who may serve in Illinois and § 2-202(b) permits those authorized to serve defendants "wherever they may be found in the State." Judgment not void; 2-1401 relief denied. |
Key Cases Cited
- Sarkissian v. Chicago Board of Education, 201 Ill. 2d 95 (2002) (a judgment entered without jurisdiction is void; strict compliance with service statutes required)
- State Bank of Lake Zurich v. Thill, 113 Ill. 2d 294 (1986) (lack of statutory service renders judgment void despite actual notice)
- Van Dyke v. White, 2019 IL 121452 (2019) (statutory interpretation: give effect to legislative intent and avoid rendering provisions superfluous)
- People v. Clark, 2019 IL 122891 (2019) (use plain and ordinary meaning; view statute as a whole)
- West Suburban Bank v. Advantage Financial Partners, LLC, 2014 IL App (2d) 131146 (2014) (section 2-202(a) governs who may serve process)
- Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc., 172 Ill. App. 3d 993 (1988) (Second District reached contrary result: private detectives required appointment to serve in Cook County)
- In re Donald A.G., 221 Ill. 2d 234 (2006) (absurd-results doctrine permits departing from literal statutory language to avoid absurd or unjust outcomes)