Municipal Trust and Savings Bank v. Moriarty

Municipal Trust and Savings Bank v. Moriarty

Reading subsections (a) and (b) of 735 ILCS 5/2-202 together, the court held subsection (a) limits who is authorized to serve process in Cook County; because the private detective served defendant in Cook County without special appointment, service was defective and the prior default judgment is void; the cause is reversed and remanded for further proceedings.

Citation
451 Ill. Dec. 100; 183 N.E.3d 146; 2021 IL 126290
Parties
Appellee/plaintiff: Municipal Trust and Savings Bank; Appellant/defendant: Dennis J. Moriarty
Court
Illinois Supreme Court
Jurisdiction
United States
Judgment Date
17 June 2021
Case Number
126290
Procedural Posture
Mortgage Foreclosure With Collateral Attack Under 735 ILCS 5/2 1401 / Appeal to the Illinois Supreme Court From Denial of Section 2 1401 Petition
Outcome
Reversed and remanded
Legal Topics
Service of Process, Personal Jurisdiction, Special Appointment of Private Detectives, 735 ILCS 5/2 202, 735 ILCS 5/2 1401
Source Language
English
Civil Procedure Property Law Statutory Interpretation Jurisdictional Law Service of Process Personal Jurisdiction Special Appointment of Private Detectives 735 ILCS 5/2 202 +1 more

Case Brief

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Parties

Municipal Trust and Savings Bank

Appellee/plaintiff

Dennis J. Moriarty

Appellant/defendant

Procedural Posture

Mortgage Foreclosure With Collateral Attack Under 735 ILCS 5/2 1401 / Appeal to the Illinois Supreme Court From Denial of Section 2 1401 Petition

Legal Issues

  1. 1 Whether a licensed or registered private detective may serve process in Cook County without special appointment when the summons is issued from a county other than Cook County
  2. 2 Whether service by an unappointed private detective in Cook County renders a default foreclosure judgment void
  3. 3 Whether a defendant’s later voluntary appearance validates prior void orders

Ratio Decidendi

Reading subsections (a) and (b) of 735 ILCS 5/2-202 together, the court held subsection (a) limits who is authorized to serve process in Cook County; because the private detective served defendant in Cook County without special appointment, service was defective and the prior default judgment is void; the cause is reversed and remanded for further proceedings.

Court Disposition

Reversed and remanded

Orders

  • Judgments of the circuit court and the appellate court reversed
  • Cause remanded to the circuit court for further proceedings consistent with this opinion