Illinois Notice of Lawsuit and Request for Waiver of Summons is a legal document that is sometimes used to initiate a civil lawsuit in the state of Illinois. This document is usually served upon a defendant to notify them of a pending lawsuit and to request a waiver of service of summons. The document is usually initiated by the plaintiff and includes information such as the name of the court, the names of the parties involved in the lawsuit, a description of the cause of action, the relief sought by the plaintiff, and a deadline by which the defendant must respond to the document. There are two types of Illinois Notice of Lawsuit and Request for Waiver of Summons: Standard Notice of Lawsuit and Request for Waiver of Summons and Simplified Notice of Lawsuit and Request for Waiver of Summons. The Standard Notice of Lawsuit and Request for Waiver of Summons must be served according to the rules of civil procedure, and the Simplified Notice of Lawsuit and Request for Waiver of Summons may be used in certain circumstances where service of process may be difficult or impossible. In either case, if the defendant does not respond or sign the waiver of service of summons within the required time period, the plaintiff can then proceed to serve the defendant with a summons.
Illinois Notice of Lawsuit and Request for Waiver of Summons
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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.
Serving a summons through certified or registered mail In Small Claims cases, you can ask the local circuit clerk serve the defendant by certified or registered mail. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons.
File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.
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.
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.
Amended Rule 102 also states that a copy of the summons must be sent by mail to the address of defendant's/respondent's last known residence, and a proof of service must be filed when sending a summons electronically.
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.