Service of Process Requirements in Illinois

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After you file a complaint in Illinois, you must provide the defendant with a copy of the filed document. This is called service of process. Service of process is an important part of any lawsuit because it provides the defendant with actual notice of the pending action. In addition, service of process has the added benefit of providing the defendant with notice of the legal action so the defendant will have the opportunity to file a timely response. For example, the defendant may wish to file a demurrer and challenge the court’s jurisdiction or file an answer in a civil lawsuit. Failure to serve the defendant with all filed documents can result in severe consequences, including the court dismissing your lawsuit. Therefore, it is very important to follow the correct procedure when completing service in Illinois.

In Illinois, the county sheriff, or an Illinois licensed process server can deliver the filed court documents to the defendant. In addition, if the county sheriff or licensed process server is unable to complete service, you can file a motion with the court requesting that a special process server be appointed. A special process server can be anyone over the age of 18 that is not a party to the lawsuit. For example, you may ask a friend or family member to act as a special process server.

Illinois recognizes several methods of service. For example, the process server can personally serve the defendant. Personal service involves personally handing the defendant a copy of the documents. In addition, Illinois allows a defendant to be served using certified or registered mail if personal service is not possible. The documents should be mailed to the defendant’s place of residence, with return receipt requested. If the defendant refuses to accept service, the plaintiff can then mail the documents using regular mail delivery service.

Illinois also allows substituted service. Substituted service involves leaving the court documents with an individual residing in the defendant’s home who is at least 13 years old. In addition, depending on the situation, service by publication may be possible. Service by publication means that the plaintiff places a notice in a newspaper in the area where the plaintiff filed the lawsuit. However, you will need to first obtain approval from the court before you use service by publication as the means to accomplish service of process in your lawsuit.

After the process server completes service, the process server will fill out an affidavit of service. The affidavit of service describes the date, place, time and method the process server used to accomplish service. If substituted service was used, the process server must indicate the individual’s name, or a detailed physical description of the individual who accepted service on behalf of the defendant. This document must be filed with the court prior to your first appearance, and provides evidence to the court of the defendant’s knowledge of the lawsuit. You can obtain court forms, including the affidavit of service, on several court’s websites, including the DuPage County Clerk’s website http://www.dupageco.org/CourtClerk/CourtForms.aspx.

If you have any additional questions or concerns regarding how to complete service in Illinois, visit the Illinois Legal Aid’s website http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&co....