MI Management, LLC v. Proteus Holdings, LLC

Illinois Appellate Court
Civil Court
Judgments
Citation
Case Number: 
2018 IL App (1st) 160972
Decision Date: 
Wednesday, September 19, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 3rd Div,
Holding: 
Vacated and remanded with instructions (No. 1-16-0972); reversed in part and vacated in part; remanded with directions (No. 1-16-1120).
Justice: 
ELLIS

Plaintiff obtained a money judgment against 2 persons and their LLC, and obtained 4 enforceable garnishment judgments against a related company. Another entity (PHDS) filed adverse claim over deposit account of a bank account as to that company, claiming a perfected security interest in the money held. Company then moved to quash all garnishment summonses, claiming improper service. Although those summonses contained technical defects, those errors were not so serious as to preclude court from acquiring personal jurisdiction over the company; summonses adequately notified company that an action had been commenced against it. Court erred in ruling in favor of PHDS on its adverse claim, as court did not have subject-matter jurisdiction over that matter when it entered the order. (FITZGERALD SMITH and HOWSE, concurring.)