Illinois Precise For Summons is a legal document used to initiate civil court proceedings in the state of Illinois. It is filed by the plaintiff with the clerk of the circuit court in the county where the action is to be brought. The Precise must include the caption of the case, the names of the parties, and the type of summons requested. The Precise will also state the actions the plaintiff wishes to take, such as asking for money damages or other relief. There are two types of Illinois Precise For Summons: Regular Summons and Citation. Regular Summons is used when the defendant is physically present in the state and can be served in person. Citation is used when the defendant is not physically present in the state and must be served by mail or publication.
Illinois Praecipe For Summons
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How to fill out Illinois Praecipe For Summons?
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FAQ
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.
Rule 101(b)(1) summons must be served at least 21 days before the appearance date. A rule 101(b)(1) summons covers all summons for actions less than $50,000 and mandatory arbitration cases, Rule 101(b)(2) and (b)(3) summons must be served at least 3 days before the appearance date.
If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.
Every kind of service (Routine, Rush, and Same-Day) begins with an Illinois process server making up to three (3) efforts to deliver the legal documents, with the only variable being the timeframe of the attempts.
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.
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.
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.