American Chartered Bank v. USMDS, Inc.

Illinois Appellate Court
Civil Court
Diligence of Service
Citation
Case Number: 
2013 IL App (3d) 120397
Decision Date: 
Friday, March 22, 2013
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN
For service on corporation by publication, Plaintiff was required to conduct diligent inquiry in locating corporation's whereabouts. For service on Secretary of State, Plaintiff was obligated to inquire where corporation's registered agent would receive actual notice of foreclosure complaint, and was required to send notice at address where it would likely receive actual notice. As defendant presented facts challenging due inquiry as to substitute service, court should allow evidentiary hearing on due inquiry issue. (CARTER and LYTTON, concurring.)