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Illinois Affidavit of Service Of Summons Outside Cook County

State:
Illinois
Control #:
IL-SKU-0937
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PDF
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Description

affidavit Of Service Of Summons Outside Cook County

The Illinois Affidavit of Service Of Summons Outside Cook County is an affidavit form used to prove that an individual has been given notice of a court proceeding outside of Cook County, Illinois. The purpose of this affidavit is to establish that the person was legally served with the necessary documents and that they had knowledge of the upcoming court case. There are two types of Illinois Affidavit of Service Of Summons Outside Cook County: personal service and substituted service. Personal service involves delivering the summons directly to the individual, while substituted service requires the summons to be delivered to someone else (a friend, family member, or another person) who then informs the intended recipient. In either case, the form must be completed and signed by the person who served the summons. The form must also include the date and time of service, the name and address of the person being served, and the name and address of the person who served the summons.

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FAQ

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.

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. It's tricky if you were improperly served.

How do I start my Service of Process? Start your Service of Process at the Clerk of the Circuit Court. The clerk has one office at every courthouse and multiple at the Richard J. Daley Center, where the nature of your case determines where you should file the process.

Rule 101(d) summons must be served within 30 days after its date. A rule 101(d) summons covers all other summons where the defendant must file an answer or appear within 30 days.

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).

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Illinois Affidavit of Service Of Summons Outside Cook County