Suing for perjury and civil conspiracy

[dhough1976]

Jurisdiction

Illinois

I live in Hudson County NJ. I was sued in Cook County IL by a former tenant over a security deposit. I learned of the suit when my bank account was frozen. I subsequently learned that a process server from Union County NJ, in a notarized affidavit filed with the court in Cook County, claimed to have personally served my wife on 9/19/2015. However, the affidavit was false because we had moved from that address 14 months before the date of service (July 2014). The affidavit also listed an apartment number that does not exist in the complex, so he never even went to the address. I am going to sue the process server for damages under either NJ law (Title 2C The New Jersey Code of Criminal Justice - 2C:28-1 Perjury) or Illinois law (720 ILCS 5/32-2 perjury). What jurisdiction is appropriate? Cook County, Hudson County, Union County? Also, because the affidavit has partially accurate information (description of spouse) I'm considering suing for civil conspiracy since the affiant was fed information in order to falsify the affidavit, which could've only come from the plaintiff thru his attorney. I will challenge the attorney's litigation privilege on the basis of an "in-concert liability" claim, specifically that the lawyer was aware of the breach and/or tort committed by the client; that the lawyer assisted the client in committing the tort and/or breach; and (that the third party (defendants) suffered some damage ($2,006).

 

[adjusterjack]

Forget it. You don't have the snowball's chance in hell of winning that kind of lawsuit.

The FIRST thing you have to do is seek to set aside the judgment in the Cook County IL court.

If you are successful in setting aside the judgment it is likely that your former tenant will refile and get you properly served this time.

If you win that lawsuit, THAT's when you might have a claim against the process server and even then it will be tenuous.

However, you are free to waste your time and your money tilting at windmills.

 

[dhough1976]

Gosh....thanks for the sage advice. Problem is, you're wrong on just about all counts:

1) I have secured a judgment in Union County NY Small Claims Court against the process server for $2,048, which I am now collecting on,

2) I have quashed service of summons and had the judgment set aside in the Circuit Court of Cook County AND the plaintiff's attorney has not re-filed the charges, or even responded to the motion to quash and set aside the judgment because in all likelihood...

3) I have established a valid claim regarding civil conspiracy, and he knows it, and does not want to get tangled up further since I have successfully prosecuted the process server and the attorney is afraid I will reveal the full scope of their conspiracy to commit perjury and file a completely false affidavit with the Circuit Court of Cook County.

Unfortunately for him, and his client, I am now sending a request to the prosecutor in Cook County to press charges citing violation of IL Civil Code 735 ILCS 5/2-203 (c), commission of a Class 3 felony in accordance with 735 ILCS 5/1-109 (submission of of a false affidavit), and 'in concert liability' against the plaintiff's attorney due to the attorney aiding or causing his client, to breach a fiduciary duty to a third party, in this case, the defendants (ref. Kurker v. Hill, 44 Mass.App.Ct 184 - 1998).

So I guess a snowball does have a chance in hell after all...Whodda thunk it!!

 

[army judge]

You received your answer, Hough, and your justice.
Good for you.
No need to taunt our posters.
This thread is closed.