Illinois Affidavit for Service by Publication is a form used in the state of Illinois when the defendant in a legal action cannot be found or served with the legal documents. This form is used when other attempts to serve the defendant have been unsuccessful. The affidavit is filed with the court and is then used to provide notice to the defendant. There are two types of Illinois Affidavit for Service by Publication: one for civil cases and one for divorce cases. The civil affidavit includes the name of the plaintiff and defendant, the title of the case, the date the complaint was filed, and a statement of the plaintiff's attempts to serve the defendant. The divorce affidavit includes the same as the civil affidavit, as well as the date the divorce petition was filed and a statement of any prior attempts to serve the defendant. Both affidavits require a statement that service by publication is necessary and will provide notice to the defendant of the pending court action.
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
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.
Unlike many other legal documents, a sworn statement does not require the signatures to be notarized. However, a sworn statement includes language confirming that the signer swears the information included is truthful.
Affidavits are written documents attached to an affirmation, such as a notary public oath, which states that the statements in the document are true. Declarations are written documents the writer believes are true, but the statements contained in the declaration are made without the writer being sworn in.
Any person who makes a false statement, material to the issue or point in question, which he does not believe to be true, in any pleading, affidavit or other document certified by such person in ance with this Section shall be guilty of a Class 3 felony. (Source: P.A. 100-1086, eff.
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.
How to Fill Out an Illinois Affidavit of Service of Notice or Demand YouTube Start of suggested clip End of suggested clip As always this video is not legal advice. And is for educational purposes. Only you will only needMoreAs always this video is not legal advice. And is for educational purposes. Only you will only need to fill out one of these forms. Even if you have more than one tenant or unknown occupant to serve.
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.
