Hi. I have been surved a summons for a debt and was wondering if there are any provisions on the location where the summons originated in relation to where I live. I am in Illinois and reside in Cook county, and was served a summons for Kane county.

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Originally Posted by Lh72rg6

Hi. I have been surved a summons for a debt and was wondering if there are any provisions on the location where the summons originated in relation to where I live. I am in Illinois and reside in Cook county, and was served a summons for Kane county.

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What Court? Small Claims (probably not)? County Court? State Court?

Sorry. I'm new here and now I realize I may have posted this under the wrong category. It is the County Court.

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Originally Posted by Lh72rg6

Sorry. I'm new here and now I realize I may have posted this under the wrong category. It is the County Court.

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No, no problem - sometimes "we" need the details just to have an opinion.

What is the County where the debt originated? Did you live in one County and then move to another?

I've lived in Cook County, Illinois my whole life. I was served in Kane County. I've never lived in Kane County. The plaintiff is in New York. Do you know if there are any provisions to this? Does it matter at all?

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Originally Posted by Lh72rg6

I've lived in Cook County, Illinois my whole life. I was served in Kane County. I've never lived in Kane County. The plaintiff is in New York. Do you know if there are any provisions to this? Does it matter at all?

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Were you physically served in Kane County or were you physically served in Cook County to appear in Kane County - ? Very occasionally in NYS if the Courts are particularly backlogged another neighboring County will hear cases but those cases are few and far between because of the added burden of transportation on the Defendant.

You should appear where you live - where you were physically served is immaterial.

I'm rather surprised that the Court accepted the papers for filing if the jurisdiction is wrong - unless I'm missing something here. The Court should have realized that you do not live within their jurisdiction.

I would call the Court Clerk and ask about the jurisdiction, not about the debt - just a purely simple question about jurisdiction.

They physically served me at my home in Cook. I called Kane - they said that it was up to the plaintiff to decide on the county. I called Cook - they said since they don't know the particulars, they can't answer my question.

I highly doubt anyone (at the Kane County courthouse) really paid attention to my county borders. It's a rather large town, comprised of 3 different counties. Although I've never heard of anyone around here going outside the county.

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Originally Posted by Lh72rg6

They physically served me at my home in Cook. I called Kane - they said that it was up to the plaintiff to decide on the county. I called Cook - they said since they don't know the particulars, they can't answer my question.

I highly doubt anyone (at the Kane County courthouse) really paid attention to my county borders. It's a rather large town, comprised of 3 different counties. Although I've never heard of anyone around here going outside the county.

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I never heard of anything like this - but then again, there's lots I've never heard of. How far out of your way does the "wrong" County take you - ?

I don't know what I'd do - would I argue wrong County, no jurisdiction? Or would I figure, "Oh, well, they're going to get a Judgment one way or the other" and let it stand?

I really don't know.

Thanks for responding. I am still working on finding an answer. Cook county out here is connected to the city - about 6 million people in this county. Kane is much, much smaller. Both courthouses are about the same distance - unless I am called to downtown Chicago, then it's about 50 miles, all city driving.

Even the courthouses aren't giving me a straight answer. I think I'll try calling again tomorrow and talk to a different person.

They have probably served many Cook County residents in Kane County as attorneys usually like to pick venues that have less "back up" in the courts to deal with. In any event, regardless of where the suit was filed you still have to Answer it or they can file a Default Judgment and get it while you ponder which county is the right county.

The attorneys use a Small Claims Court at the satellite courthouse here rather than go in town and wait and wait. It's more for the attorney's convenience rather than serving you in the wrong county, etc. As long as you were served in the same state as the county is located in, essentially it does not matter. Now, if Kane County was a hardship for you to go to say, 100 miles away, then I'd look into the "wrong county" thing. But since it's just the next county over, sounds like you are wasting your time over a small technicality that really isn't a technicality when you come to think of it. What is your argument to the Judge going to be? I didn't feel like driving 20 minutes to the Courthouse? He's not going to listen.