MOUNT VERNON - St. Clair County Circuit Judge Kevin Hoerner improperly found that dropping a summons at a door didn’t count as service of process, Fifth District appellate judges ruled on Nov. 20.
They found drop service on former Belleville homeowner Christine Orlet appropriate because she tried to evade service, “a practice that Illinois courts do not condone.”
Testimony of Oregon process server James Treacy didn’t persuade Hoerner, but it did persuade Justices Michael McHaney, Randy Moore and Barry Vaughan.
Orlet sold her Belleville property to Harry Statia in 2019.
He claimed he discovered violations of neighborhood rules, broken appliances, water damage, and false statements in descriptions and advertisements of the property.
The sales contract required mediation, but mediation failed.
The contract required arbitration next, and an arbitrator awarded $14,295 to Statia in 2020.
Orlet didn’t pay, and Statia petitioned for judgment in circuit court.
He provided an address in Coulterville; but a local process server swore she took a summons there many times, and the property was locked, gated, and not mowed.
McHaney wrote, “The process server conducted research and learned that Orlet had moved to Portland, Oregon.”
Statia hired Treacy, who filed a certificate of service stating, “Christine was an unwilling recipient of the paperwork and I had to drop serve her at her front storm door.”
Orlet didn’t respond, and Hoerner granted default judgment.
Statia registered the judgment in Oregon and garnished her bank account in April 2021.
She moved to vacate the judgment in July 2021.
At a hearing last year, Treacy testified as the sole witness.
He said he took a summons to a condominium many times and no one answered.
He said he tried next door, and a woman answered and told him Orlet lived next door.
Treacy testified that when he succeeded at getting someone to open the door, he recognized her as Lilly.
He said Lilly claimed Christine Orlet used to live there, and she didn’t know Christine Orlet.
He said Orlet called his office, irritated that he had spoken to her daughter.
He added that he learned Orlet was the woman next door.
Treacy testified that he returned to the condominium and found the door open with a screen door closed.
He said he saw Orlet, and they briefly conversed.
Lilly admitted Christine Orlet lived there and stated she would accept service.
Treacy said he asked for her name, and she said Lilly.
He said she asked what he was attempting to deliver, and he read the title of the case.
He said she became extremely irritated when she heard Statia’s name.
He added that she wouldn’t open the door, and he couldn’t open it without permission.
He said he told her the paperwork was important and he’d leave it just outside her door.
Treacy identified a woman in the hearing on Zoom as the woman behind the screen door.
“She looks the exact same,” he said.
Hoerner granted her motion to vacate judgment, finding drop service insufficient.
McHaney wrote for the Fifth District that “this type of service can be acceptable in situations where the party to be served is unwilling to accept the paperwork.”
He cited Seventh Circuit precedent finding that nothing requires a process server to physically place papers in a defendant’s hand.
He also cited an Illinois appellate court decision finding service proper and effective where a sheriff identified himself and slid papers under a door.
McHaney found Treacy recognized the voice of the woman behind the door from her phone call.
He also found Orlet didn’t testify and didn’t dispute that Treacy served her.
The justices remanded the action to St. Clair County Circuit Court.
Donna Polinske of Edwardsville represents Statia.
Timothy Sansone and Michael Lecinski of Sandberg Phoenix in St. Louis represent Orlet.