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CAPITAL ONE BANK, N.A. v. CZEKALA,

No. 3-07-0395.

884 N.E.2d 1205 (2008)

CAPITAL ONE BANK, N.A., Plaintiff-Appellee, v. Joseph CZEKALA, Defendant-Appellant (Frito Lay and Affiliated Companies, Third-Party Citation Respondent).

Appellate Court of Illinois, Third District.

February 25, 2008.

Attorney(s) appearing for the Case

Andrew A. Muchoney (argued), McKeown Fitzgerald Zollner Buck Hutchison & Ruttle, Joliet, for Joseph Czekala.

Mark Jeffrey Johnson (argued), Blatt, Hasenmiller, Leibsker & Moore, LLC, Chicago, for Capital One Bank.

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...

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