Fraud By the Cook County Chancery Court? You be the Judge!

Since 2007 the Illinois Cook County Chancery court by and through the General Administrative order 2007-3 (GAO 2007-3) This GAO allows for the court to appoint a special process server without following the process mandated in the Illinois complied statutes. How does the the statute read?

Find it here on the Illinois General Assembly website: http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-202

Otherwise this is the section of which causes the argument that the judges of cook county are possibly legislating from the bench. The portion of the statute reads like this:

(735 ILCS 5/2‑202) (from Ch. 110, par. 2‑202)
Sec. 2‑202. Persons authorized to serve process; Place of service; Failure to make return.
(a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. In counties with a population of less than 2,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act. A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.
(a‑5) Upon motion and in its discretion, the court may appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Under the appointment, any employee of the private detective agency who is registered under that Act may serve the process. The motion and the order of appointment must contain the number of the certificate issued to the private detective agency by the Department of Professional Regulation under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.

In actuality there are other problems that come with serving process in Illinois that will be added to this blog page that will raise the dead! In the mean time let’s take this portion. When you read the statute as written above you will notice that the very first sentence states that the sheriff SHALL serve process. This has been an on going practice since the mid 1800’s. The word SHALL in legal terms means it is mandatory. Then when the period ends a new sentence begins in which it does clarify that the next portions apply to counties of less than two million, this number was recently raised by amendment to the statute in early 2010 from one million. According to the United States Census Cook County Illinois has over five million inhabitants. This would indicate that the rest of this section does not apply to Cook County. Right?

Well, Below all that section there is an added paragraph (a-5) see above. This section is where the judges and attorneys direct the attention of all. This portion states that in essence that ” Upon motion and in its discretion, the court may appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004.” Prior to that section there is another portion that also states: The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit. Over all one would agree that the Sheriff need not serve process. Is this portion of the statute contradictory to the Legislative intent. There is law and case law that is clear, when the statute is vague or contradictory the legislative intent then dominates. To figure that out one must go directly to the transcripts that are directly related to the public acts or statutes that are an integral part of lawmaking. The history and mutual assent of the legislatures are whats to be referred too. Take a look at the transcripts that have been directly pulled from the Illinois General Assembly website then recorded with the Cook County Recorders office in order to make it public record on a local level and acceptable as evidence. Click here to go to the page where the link to the historical transcript can be found and downloadedRead the historical transcripts and you decide if this article is crazy or not. If this is all just a conspiracy theory!

Keep in mind, once you read the transcript you will find that Cook County Sheriff refuses to train or school in the art of service of process. It is mandated! You may go directly to the Sheriff’s office @ 50 W. Washington Chicago Illinois on the 7th floor and ask the Sheriffs office counsel under the FOIA to produce a list of all the persons that have been trained by the Sheriff. None to date! OK, Detectives may have training and may be certified in their field. The problem is that the detective agency obtains a license and hire non-attorneys to serve process under the act. Does this not completely sidestep the lawful requirements? Heck, you want to be an F.B.I man? can’t get in? You don’t have the required degrees and experience Can you just work for an agent and technically you are an F.B.I man? I don’t think so then again, if the lenders or creditors benefit from it there could be a standing order made making it OK!

More to come…..

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One response to this post.

  1. Byebyebanksters.wordpress.com now located at: http://www.byebyebanksters.com/foreclosure

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