As a probable consequence of the huge number of mortgage foreclosure cases that have been filed in Illinois in the last several years, the Illinois Appellate court was forced to address a number of the technical defenses that are available to defendants.
Chief among available defenses in foreclosure lawsuits is that the service of the Summons was defective. Accordingly, there seem to be more cases for which the propriety of the process serve is being directly challenged, and is in some cases the main focus of the appeal. The case law regarding process serving has been fairly static for a number of years–that no longer seems to be the case.
The last 18 months alone have seen several new appellate court decisions on process serving, each of which mandate that Illinois process servers alter the procedures and methods by which they effect service of process. For example, one appellate court decision, Deutsche Bank Nat’l Trust Co. v. Brewer, 2012 IL App (1st) 111213, declared that the Affidavit of Service was ineffective, and therefore void, because the process server-affiant wrote the affidavit in Passive voice rather than Active voice in the body of the affidavit.
On November 12, 2013, the law firm of Edward W. Williams, Ltd. will conduct a 6 hour seminar designed to instruct beginner and veteran process servers alike in both the legal underpinnings and the mechanics of lawful service.
The course curriculum, in addition to covering the topics of study for basic instruction in process serving as outlined on the website of the National Association of Professional Process Servers ® (NAPPS)1, will also include Tips and Tools of the Trade, Smart Phone Apps Useful to Processing Serving, How To Write Proper Affidavits and Reports, Defending Against A Charge of Fraudulent Service by IDFPR, and Testifying in Court and Administrative Proceedings.
At the completion of this course, all seminar registrants will receive a personalized completion certificate. Certification will demonstrate to your clients or employers that you have been fully trained in all of the rules and concepts of professional process serving in Illinois.