Capital One Bank v. Czekala

              No. 3--07--0395
Filed February 25, 2008
IN THE
APPELLATE COURT OF ILLINOIS
THIRD DISTRICT
A.D., 2008
CAPITAL ONE BANK, N.A., ) Appeal from the Circuit Court
) of the 12th Judicial Circuit,
Plaintiff-Appellee, ) Will County, Illinois,
)
v. )
)
JOSEPH CZEKALA, ) No. 01–AR–745
)
Defendant-Appellant )
)
(FRITO LAY and AFFILIATED ) Honorable
COMPANIES, ) James Garrison and
) Amy Bertani-Tomczak,
Third-Party Citation Respondent). ) Judges, Presiding.
______________________________________________________________________________
JUSTICE WRIGHT delivered the opinion of the court:
_____________________________________________________________________________
Plaintiff, Capital One Bank (Capital One), filed a complaint against “Joseph Czekala DBA
SEALAND FOODS” and served Joseph Czekala by substitute abode service. The circuit court
entered a default judgment against “Joseph Czekala, Defendant.” Five years later, plaintiff issued a
wage deduction notice and order naming Joseph Czekala, individually. Defendant filed a petition to
vacate the default judgment and dismiss the wage deduction order. The trial court denied the petition
to vacate and a subsequent motion to reconsider. Defendant appeals from the court’s ruling denying
the petition to vacate the default judgment and the motion to reconsider that order. We reverse and
remand.