Plaintiff bank filed mortgage foreclosure complaint, and issued summons from Kankakee County, listing Defendant's residence in Kankakee County. Court entered default judgment for failure to file an answer and failure to appear. Defendant filed notice of appeal but voluntarily dismissed it. Seven months after confirmation of foreclosure sale, Defendant filed a Section 2-1401 petition challenging judgment as void. A duly licensed or registered private detective may serve process, without special appointment, anywhere in Illinois so long as the summons was issued from a county with a population less than 2 million. A registered detective served Defendant, in Cook County, with process 14 days after summons issued from Kankakee County, which has a population less than 2 million. Thus, court had personal jurisdiction over Defendant to enter default judgment, and judgment is not void. (HOLDRIDGE, concurring; SCHMIDT, specially concurring.)
Illinois Appellate Court
Civil Court
Mortgage Foreclosure