The Illinois Affidavit for Service by Publication is a legal form used when a party to a case (the petitioner) is unable to locate the other party (the respondent) to serve them with legal documents. It is an affidavit that states the petitioner has made reasonable efforts but was unable to locate the respondent due to their absence or whereabouts being unknown. The petitioner must then publish a notice of the court action in a newspaper or other publication in the jurisdiction where the respondent is likely to be found. The affidavit must then be filed with the court prior to the hearing. There are two types of Illinois Affidavit for Service by Publication: General Affidavit and Limited Notice Affidavit. The General Affidavit must provide sufficient information to identify the parties and must be approved by the court. The Limited Notice Affidavit is used when the petitioner is unable to provide enough information to identify the parties, such as when the respondent’s whereabouts are unknown. In this case, the petitioner must provide the court with a description of the action and the relief sought.
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
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.
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).
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.
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.
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.