West Suburban Bank v. ADVANTAGE FINANCIAL, 23 NE 3d 370 – Ill: Appellate Court, 2nd Dist. 2-13-1146 (2014).
¶ 20 WSB argues that MPSI’s expired certification is a technical defect that should not result in a lack of personal jurisdiction. However, the weight of Illinois law is clearly to the contrary: defects in the service of process are neither “technical” nor insubstantial.
Further, strict compliance with the statutes governing the service of process is required before a court will acquire personal jurisdiction over the person served. Sarkissian v. Chicago Board of Education, 201 Ill.2d 95, 109, 267 Ill.Dec. 58, 776 N.E.2d 195 (2002); C.T.A.S.S. & U. Federal Credit Union v. Johnson, 383 Ill.App.3d 909, 912, 322 Ill.Dec. 543, 891 N.E.2d 558 (2008).
¶ 24 WSB contends that the defect in service of process merely rendered the judgments voidable, not void, […].
As we have said, the proposition is well established that invalid service results in a judgment that is void for lack of personal jurisdiction. Sarkissian, 201 Ill.2d at 109, 267 Ill.Dec. 58, 776 N.E.2d 195; Thill, 113 Ill.2d at 308-09, 100 Ill.Dec. 794, 497 N.E.2d 1156; see also Pennoyer v. Neff, 95 U.S. 714, 732, 24 L.Ed. 565 (1877) (“if the court has no jurisdiction over the person * * * and, consequently, no authority to pass [judgment] upon his personal rights and obligations[,] * * * the whole proceeding * * * is coram non judice and void“).
There is no similar support for the idea that lack of personal jurisdiction merely renders a judgment voidable.
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