An Illinois affidavit for Service by Publication is a legal document filed in court which states that an individual or entity has made a good faith effort to locate a party or parties to a lawsuit and is unable to do so. It is used when a party to a lawsuit cannot be located, either through a lack of contact information, or an inability to serve the party with the summons and complaint. The affidavit must contain a detailed description of the efforts made to locate the party or parties, and is required when an individual or entity wishes to serve a party or parties by posting a notice of the lawsuit in a designated public newspaper. There are two types of Illinois Affidavit for Service by Publication: 1) Affidavit of Diligent Search; and 2) Affidavit of Publication. The Affidavit of Diligent Search must include information on all efforts made by the person filing the affidavit to locate the party or parties, and must be accompanied by a copy of the notice of publication. The Affidavit of Publication must include information on the publication of the notice, including the name of the newspaper, the date of publication, and a copy of the notice of publication.
Illinois affidavit For Service By Publication
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How to fill out Illinois Affidavit For Service By Publication?
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FAQ
As you may recall, the Illinois Code of Civil Procedure allows substitute service, through which process can be served by leaving a copy of the summons at a defendant's abode, with some family member or resident over the age of 13. 735 ILCS 5/2-203(a)(2).
If the defendant is a private corporation, it can be served by leaving a copy of the legal documents with the agent that is registered with the state or with any officer or agent of the corporation located in the state. It can also be served by publication and mail like individuals.
Serving a summons through publication in a newspaper A person needs to file a Motion for Leave to Serve by Publication and an Affidavit for Service by Publication before being allowed to give service through the newspaper.
For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.
The receipt for certified or registered mail shall state the name and address of the addressee, and the date of mailing, and shall be filed by the clerk.
The most common way to serve a summons is to get the sheriff to do it. A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee.
In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.
(a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State.