2011 IL App (1st) 110640
Ill. App. Ct.2011Background
- In a mortgage foreclosure, National City Bank seeks to foreclose on property at 6950 West Forrest Preserve Drive, Unit 116, Norridge, Illinois.
- Majerczyk and Francis Majerczyk appeal the circuit court’s denial of their motion to vacate the order approving the report of sale and distribution and the order of sale and possession.
- Defendants argued that the summonses issued to them bore only the clerk's stamped name and seal, not the clerk’s cursive signature.
- They contended the lack of a cursive signature meant the summons failed to show personal jurisdiction.
- The issue on appeal concerns whether the summons was valid and issued under the clerk’s authority, despite the absence of a cursive signature.
- The appellate court reviews the personal jurisdiction issue de novo and ultimately upholds the summons as valid.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the summons valid without the clerk's cursive signature? | Majerczyk argues lack of cursive signature invalidates summons. | Majerczyks contend clerk's stamped name is insufficient for signature. | Yes; stamped clerk name with seal suffices; summons issued under clerk's authority. |
Key Cases Cited
- Bishop Hill Colony v. Edgerton, 26 Ill. 54 (1861) (acknowledges clerical initials may substitute for full signature)
- A.T. Willett Co. v. Industrial Comm’n, 287 Ill. 487 (1919) (signature may be stamped or printed, not necessarily cursive)
- People v. Schumann, 120 Ill. App. 3d 518 (1983) (signature form not strictly cursive; validity depends on attestation)
- Schorsch v. Fireside Chrysler-Plymouth, Mazda, Inc., 172 Ill. App. 3d 993 (1988) (voids where summons not issued by clerk nor signed or sealed)
- City of Chicago v. Yellen, 325 Ill. App. 3d 311 (2001) (default judgment vacated where summons lacked clerk’s seal or signature)
- Ohio Millers Mutual Insurance Co. v. Inter-Insurance Exchange of the Illinois Automobile Club, 367 Ill. 44 (1937) (issues with summons where defendants not properly named or signed)