Plaintiff filed complaint for injuries from slip and fall at Defendant's nightclub facility. Defendant failed to file appearance or answer, and court entered default judgment for Plaintiff. Court denied Defendant's motion, filed 9 months later, to quash service and set aside default judgment. As Defendant is an LLC, for service to be proper, the person served must be the registered agent appoint by the LLC. Because of Defendant's filing with Secretary of State, person served by Plaintiff was authorized by Defendant to accept service under plain language of LLC Act. Service on a person bearing the exact name as the company's registered agent and located at the exact address of the company's registered office is service that is calculated to give Defendant fair notice of the pending suit, and is effective under Section 1-50 of LLC Act.(WELCH and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Default Judgments