In business litigation, procedural missteps can be just as damaging as losing on the merits. An all too common, and often costly, error is improper service of process.
Whether you’re a plaintiff enforcing contract rights or a defendant seeking to dismiss a lawsuit, the question of whether service was executed properly can determine jurisdiction, enforceability, and ultimately, the success or failure of the case.
What is Proper Service of Process in Illinois?
Under Illinois law, a lawsuit officially begins when the complaint and summons are properly served on the defendant. Service can be done by a sheriff or authorized private process server, personal delivery, substituted service (e.g., someone at the defendant’s residence) or by publication (in limited circumstances).
Critically, service must comply strictly with the Illinois Code of Civil Procedure, and courts interpret those rules narrowly. If service is improper, the court may lack personal jurisdiction, making all resulting judgments void.
The High Cost of Getting It Wrong: Consequences of Improper Service
Improper service can—and often does—lead to dismissal. It also opens the door for a default judgment to be vacated months or even years later.
In a recent Illinois appellate case, a foreclosure judgment and property sale were overturned years later because the plaintiff failed to obtain court approval before serving a defendant with a special process server in another county. Even after the defendant made a court appearance, the court found earlier orders void.
Why Proper Service is Fundamental to Your Case
In Illinois litigation, improper service can invalidate months of litigation and expose businesses to avoidable risks. If you’re initiating or defending a lawsuit, ensuring proper service is not just procedural housekeeping—it’s fundamental to your case.
If your company is facing litigation, default judgment, or needs help evaluating whether service was proper, contact Michael Haeberle at mhaeberle@pattersonlawfirm.com.
Frequently Asked Questions About Service of Process
If service is improper, the court does not have personal jurisdiction over the defendant. This means any orders or judgments entered against that defendant, including a default judgment, are void and can be challenged and vacated at any time.
A defendant can challenge improper service by filing a "Motion to Quash Service of Process." This motion must be filed before any other pleadings or motions that would acknowledge the court's jurisdiction, such as an answer to the complaint.
Yes. If a court grants a motion to quash service, it may dismiss the case without prejudice, meaning the plaintiff can attempt to refile and serve the defendant correctly. However, this causes significant delays and may create issues with the statute of limitations.