U.S. Bank Trust National Ass’n v. Zofkie

Illinois Appellate Court
Civil Court
Service of Process
Citation
Case Number: 
2021 IL App (1st) 201232
Decision Date: 
Thursday, September 30, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
HOWSE

In mortgage foreclosure case, Defendants were served at their home by substitute service, and process server left a copy of summons with their adult son who was diagnosed with autism. Court properly denied Defendants' motion to quash service. Section 5/1-101 has no minimum mental competency requirement. The fact that a recipient of substitute service does not have the subjective mental capacity to understand its import is not a justification for quashing service of process, especially where there is no allegation that the process server knew or should have known about the recipient's lack of mental capacity. (LAVIN and COBBS, concurring.)