Illinois Third Party Summons in a Civil action (Paper Issuance) is a legal document that is issued to an individual, business, or entity that is not a party to the lawsuit but is involved in some way. It is a legal notice requiring the third party to appear in court and provide testimony or documents related to the case. There are two types of Third Party Summons in a Civil action (Paper Issuance) in Illinois: a Summons to Answer and a Summons to Appear. A Summons to Answer is served on the third party and requires them to answer questions or provide documents relevant to the case. A Summons to Appear is served on the third party and requires them to appear in court at a set date and time to provide testimony or documents relevant to the case.
Illinois Third Party Summons in a Civil action (Paper Issuance)
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FAQ
An alias summons is a second summons that is issued by the court when the first attempt to serve a summons was unsuccessful.
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.
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.
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.
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.
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.
It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.