IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT
X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant
NOTICE OF MOTION
To: 1) Xxxx X. Xxxxxxx, of Counsel, Law Offices of Xxxxxx X. Xxxxxxxx, 100 E. Xxxxxx Street,# 4599, Chicago, IL 666666; and
2) X.X.X. FINANCIAL GROUP, a foreign L.L.C., 3725 Xxxxxx Xxxx Street, Xxxxxxx, OH 166666
On August 8, 2005 at 2:00 p.m., or as soon after that as Defendant can be hearsd, he will appear before the honorable Presiding Judge of the Circuit Court of Cook County, in Room 666 of the Richard J. Daley Center, Center, Chicago, Illinois, and present for hearing: Motion to Quash Service of Process
_________________
Xxxxxxxx Xxxxx
Defendant Pro Se
AFFIDAVIT OF SERVICE
The undersigned defendant, a non-attorney, on oath deposes and says that he served the foregoing Notice and attachments to the above named parties by the following method:
Mailing a copy to the above named at the above listed address by depositing the same in the U.S. Mail, via certified mail, return receipt at Chicago, IL before 5:00 p.m. on July 21, 2005 with proper postage prepaid.
The undersigned, a non-attorney, states under penalty of perjury as provided by law pursuant to 735 ILCS 5/1-109 that the statements set forth in the above Affidavit of Service are true and correct.
Dated: July 21, 2005
_____________________
Xxxxxxxxx Xxxxx
Defendant Pro Se
Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: 555 Xxxxxxx Avenue, 8th Floor
Chicago, IL 666666-6666
Telephone:
Attorney no. 99555
IN THE CIRCUIT COURT OF COOK COUNTY,ILLINOIS
MUNICIPAL DEPARTMENT, FIRST DISTRICT
X.X.X. FINANCIAL GROUP, a )
foreign L.L.C., )
)
Plaintiff )
)
v. ) No. 04 M1- xxxxxxxxx
)
MICHAEL GLENN )
)
Defendant
MOTION BY DEFENDANT PRO SE TO QUASH SERVICE OF PROCESS
NOW COMES Defendant, XXXXXXX XXXXX, bringing this Motion before this honorable Court to Quash Service of Process and to Set Aside Ex Parte Judgment as
VOID for lack of personal jurisdiction , and states the following in support thereof:
1. On February 16, 2005, an ex parte judgment was entered against Defendant in the amount of $ 3,654.33 plus costs.
2. The Revised ILCS 5/2-301 (January 01, 2000) provides that Defendant is no longer required to file a special appearance to preserve his right to contest personal jurisdiction. Instead, Defendant must file a motion to quash service prior to the filing of any other pleading or motion, other than a motion for an extension of time to answer or otherwise appear.
Defendant filed no other pleading or motion motion prior to the filing of this Motion to Quash Service of Process.
3. Defendant respectfully submits this Motion based on the following legal grounds:
A. A judgment, order or decree entered by a court which lacks jurisdiction of the parties or of the subject matter, or which lacks the inherent power to make or enter the particular order involved, is void, and may be attacked at any time or in any court, either directly or collaterally.
R.W. Sawant & Co. et al. v. Allied Programs Corp., 111 Ill.2d. 304, 309, 489 N.E.2d 1363 (1986).
B. A defendant contesting personal jurusdiction is not restrictedor limited by the requirements of 735 ILCS 5/2-1401. R.W. Sawant , 111 Ill.2d. 304, 309, 489 N.E.2d at 1363;
735 ILCS 5/2-1401 (f).
4. For the following reasons, and as supported by Defendant’s sworn affidavit, which is attached hereto and incorporated herein, Defendant states that the above referenced ex parte judgment is VOID for lack of personal jurisdiction:
A. Defendant was not personally served with process—nor does the affidavit of service even allege that Defendant was personally served with process.
B. The affidavit of special process server, XXXXX XXXXX, alleging that Defendant was served with process in accordance with 735 ILCS 5/2-203 (a) (2) is defective and erroneous as fully set forth below:
i. said affidavit alleges that Defendant was served with process at 9:30 p.m., on Saturday, January 08, 2005, by making substitute or abode service of process on an alleged member of Defendant’s household, alleged to have been Defendant’s unnamed roomate, said roomate is described as a 45 year-old man. Said affidavit alleges that process was served at [my address here].
ii. At all time relevant, the residential building located at [my address here] contains three separate dwelling units, and places of abode. At all times relevant Defendant has lived and made his usual place of abode, alone, and with no other person, in the first floor apartment of the building located at that address.
iii. Furthermore, Defendant, who is a 55 year-old man, was not present at his usual place of abode on January 08, 2005, at 9:30 p.m. At that time, Defendant was with his fiance, XXXXXX XXXXXX, at the Xxxxx Cinema in Xxxxxx, IL, viewing a movie. On that date, Defendant would not have returned to his home until 10:30 p.m., or later. As a consequence, if the special process server did in fact delivery the summons and complaint to a man at [my address here] at 9:30 p.m. on January o8, 2005, then the man served with the process would have been present in one of the other two dwelling units, but was not present in Defendant’s dwelling unit.
iv. Thereafter, I found a copy of the summons and complaint in his mailbox on the morning of Monday, January 10, 2005. Defendant has no information as to who may have placed the documents in his mailbox.
v. Thereafter, on February o2, 2005, Defendant filed his written appearance, but did not actually appear before the court, or file a motion or pleading in this matter which would voluntarily submit Defendant’s person to this Court’s jurisdiction. As a consequence, as provided in the revised 735 ILCS 5/2-301, Defendant has not waived is right to bring this motion before this court to quash service of process.
5. Defendant’s wages are currently subject to garnishment with respect to the above referenced void judgment.
WHEREFORE, defendant, XXXXXXX XXXXX, prays that this Honorable Court:
A. Quash the Defective service of process;
B. Vacate the ex parte judgment as VOID for lack of personal jurisdiction; and
c. Quash and dismiss all supplementary orders with respect to this matter, and order that all funds garnished be immediately returned to Defendant’s possession.
Respectfully Submitted,
_________________
Xxxxxxx Xxxxx
Defendant Pro Se
Name: Xxxxxxx Xxxxx
Defendant Pro Se
Address: 555 Xxxxxxx Avenue, 7th Floor
Chicago, IL 666666
Telephone:
Attorney no. 99555