due inquiry in Illinois

2014Defendant’s Burden ¶ 58 The bank argues that only after the defendant “file[s] an affidavit showing that upon due inquiry he could have been found *** must the plaintiff show it conducted a due inquiry.” In support of this argument, plaintiff cites Household Finance Corp. III v. Volpert, 227 Ill.

2014Defendant’s Burden ¶ 58 The bank argues that only after the defendant “file[s] an affidavit showing that upon due inquiry he could have been found *** must the plaintiff show it conducted a due inquiry.” In support of this argument, plaintiff cites Household Finance Corp., III v. Volpert, 227 Ill.

2014App. 3d 453, 455 (1992), and First Bank & Trust Co. of O’Fallon v. King, 311 Ill.

2014App. 3d 453, 455 (1992), and First Bank & Trust Co. of O’Fallon, Illinois v. King, 311 Ill.

2021Bank of New York v. Unknown Heirs and Legatees, 369 Ill.

2021See Bank of New York, 369 Ill.

2012Due inquiry requires “an honest and well-directed effort to ascertain the whereabouts of a defendant by an inquiry as full as circumstances can permit.” City of Chicago v. Leakas, 6 Ill.

1977App. 3d 20 , 284 N.E.2d 449 .) In the case of Leakas the reviewing court in considering the due inquiry provision stated: “The provision for ‘due inquiry’ is not intended as a pro forma or useless phrase, requiring only perfunctory performance, but, on the contrary, requires an honest and well-directed effort to ascertain the whereabouts of a defendant by an inquiry as full as the circumstances can permit.” City of Chicago v. Leakas (1972), 6 Ill.

2014In determining whether plaintiffs’ liens are enforceable on their face, we consider (1) the Act’s general purpose, requirements, and principles; (2) whether we are to construe the requirements of the Act strictly or liberally; (3) whether the completion dates stated in plaintiffs’ lien claims and elsewhere constitute binding judicial admissions; and (4) whether plaintiffs’ claims are unenforceable because (a) of plaintiffs’ description of their contract and (b) Bluewater’s claimed overstatement of the amount due under its claim. ¶ 80 A. Purpose, Requirements, and Principles ¶ 81 “The purpose o

2014In determining whether plaintiffs’ liens are enforceable on their face, we consider (1) the Act’s general purpose, requirements, and principles; (2) whether we are to construe the requirements of the Act strictly or liberally; (3) whether the completion dates stated in plaintiffs’ lien claims and elsewhere constitute binding judicial admissions; and (4) whether plaintiffs’ claims are unenforceable because (a) of plaintiffs’ description of their contract and (b) Bluewater’s claimed overstatement of the amount due under its claim. ¶ 80 A. Purpose, Requirements, and Principles ¶ 81 “The purpose o

2006See Bell Federal Savings & Loan Association, 59 Ill.

2006See Bell Federal Savings & Loan Ass’n, 59 Ill.

2025Condominium Ass’n of Commonwealth Plaza v. City of - 18 - No. 1-23-2174 Chicago, 399 Ill.

2025People v. Conover, 84 Ill. 2d 400, 404-05 (1981).

2025In mortgage foreclosure cases, all affidavits of service of summons by publication must be accompanied by a sworn affidavit by the individual(s) making such ‘due inquiry’ setting forth with particularity the action taken to demonstrate an honest and well directed effort to ascertain the whereabouts of the defendant(s) by inquiry as full as the circumstances permit prior to placing any service of summons by publication.” Cook County Cir. Ct. R. 7.3 (Oct. 1, 1996). ¶ 21 Due inquiry and diligence are statutory prerequisites for service by publication and “must be strictly complied with in order f

2024See JPMorgan Chase Bank, National Ass'n v. Ivanov, 2014 IL App (1st) 133553, ¶ 55 (“the law does not require a specific number of attempts or unduly exhaustive efforts to locate the whereabouts of a defendant.”).