An Illinois Summons is a court document issued by the court to bring a defendant into a case. It is also known as a Citation, an Order to Appear, or a Summons and Complaint. A Summons is a legal notice that informs a defendant that they are being sued and must appear in court to answer the complaint. There are three types of Illinois Summons: 1) A Summons and Complaint; 2) A Summons in a Repletion; and 3) A Summons in a Garnishment. A Summons and Complaint is a document issued by the court that includes the name of the plaintiff, the name of the defendant, and the case number. It informs the defendant that they are being sued and must appear in court to answer the complaint. A Summons in a Repletion is a document issued by the court to inform defendants that they must appear in court for a hearing in a repletion case. A repletion case involves the recovery of personal property. A Summons in a Garnishment is a document issued by the court to inform defendants that they must appear in court for a hearing in a garnishment case. A garnishment case involves the recovery of funds or assets from a third party.
Illinois Summons
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FAQ
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.
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.
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.
In Illinois, you must respond with an Appearance form and an Answer form. The Appearance document is a statewide form that declares you plan to appear in court. It lets you choose if you want a trial with just a judge or one with both a judge and jury.
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.
A summons is a court form which notifies the defendant that they are being sued and lists the day the defendant needs to appear in court (the Return Date). The court has no power to hear a case until the defendant is served the summons and complaint. The plaintiff selects both the Return Date and the trial date.
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.