An Illinois Affidavit for Service by Publication/Posting (Example) is a legal document used to provide proof that a party has served notice of a lawsuit to another party through public means, such as by posting a notice in the newspaper or other public space. This affidavit must be sworn to and notarized by the person who posted the notice. It must include the name of the court involved in the case, the case number, the date notice was posted, the manner in which it was posted, the name of the person to whom notice was sent, and the date of the last publication. There are two types of Illinois Affidavit for Service by Publication/Posting (Example): one is used when a party is attempting to serve notice by publication, and the other is used when a party is attempting to serve notice by posting. Both types of affidavits must be signed by the party that posted the notice and notarized in order for the notice to be deemed valid.
Illinois AFFIDaVIT FOR SERVICE BY PUBLICaTION/POSTING (EXaMPLE)
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FAQ
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.
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.
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).
(a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts of this State, it shall have the force and effect of personal service of summons within this State.
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.
A summons in the form provided in paragraph (b) of Rule 101 may not be served later than three days before the day for appearance. (c)Indorsement Showing Date of Service. The officer or other person making service of summons shall indorse the date of service upon the copy left with the defendant or other person.
A copy of the summons must be sent by mail to the defendant's last known address. A proof of service must be filed when sending a summons electronically. IL SCR 102.