People v $59,914 United States Currency

Appellant sought to vacate a civil forfeiture order entered by the trial court more than two years after the order was entered by arguing he was not provided notice of the forfeiture hearing and that this deprived him of his due process rights and made the order void. The Illinois Supreme Court noted that appellant sought relief pursuant to section 2-1401 of the Code of Civil Procedure and that motions brought under section 2-1401 are required to be brought within two years unless the challenged order is void and not merely voidable. Appellant argued that the circuit court did not have personal jurisdiction over him and, as a result, that the order was void. The Supreme Court disagreed and held that the order was voidable, not void, because the circuit court had subject-matter jurisdiction under the Forfeiture Act and in rem jurisdiction to adjudicate the rights to property. Thus, the court held that appellant's motion was not timely. (ANNE M. BURKE, GARMAN, THEIS, OVERSTREET, and CARTER, concurring. NEVILLE, dissenting.)