The Illinois Affidavit for Service by Publication is a legal document used to prove to the court that an individual was served notice of a lawsuit even though personal service was not possible. This affidavit must be completed and notarized by someone with personal knowledge of the facts. It must be filed with the court before service by publication is allowed. There are two types of Illinois Affidavit for Service by Publication: (1) Affidavit for Service by Publication in Person and (2) Affidavit for Service by Publication in Newspaper. Affidavit for Service by Publication in Person requires the person attempting service to personally appear at the property of the person being served and leave a copy of the notice with a competent person of at least 13 years of age residing at the property. The affidavit must include a description of the efforts made to locate the person being served. Affidavit for Service by Publication in Newspaper requires a copy of the notice to be published at least once a week for three consecutive weeks in a newspaper of general circulation in the county where the lawsuit was brought. The affidavit must include the name of the newspaper, the dates of publication, and the amount paid for the 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
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.
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.
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.
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.
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).
SPRINGFIELD, Ill. (WTVO) ? The Illinois Supreme Court has amended a rule that allows residents to be served a court summons through social media, text, or email.
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.
