Illinois Sample Letter for Service of Process on Defendants
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How to fill out Sample Letter For Service Of Process On Defendants?
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FAQ
If the Cook County Sheriff is unable to serve the Defendants/Respondents, then you may file a Motion to Appoint Special Process Server. You can use a licensed private detective or anyone who is 18 years old or over and not a party to the case.
You do not need to be licensed in Illinois to be a process server. Currently, there is no statewide licensing law in Illinois. A ?private detective? licensed in Illinois may serve original process in all counties except for Cook County without designated appointment.
If they were not served, you will need to request to have a second summons (referred to as an alias summons) issued by the clerk and repeat the service process outlined earlier.
A process server is generally required to make three attempts to serve legal documents. These attempts generally occur at different times on different days in order to maximize chances of service. However, some jurisdictions may require more attempts.
(a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made (1) by leaving a copy of the summons with the defendant personally, (2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years ...
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.
There is no limit to the number of times a process server can visit you or come to your house to serve you documents. Each process server has their own rules as to how many times they will attempt to serve documents. In most cases, three attempts will be made, and at different times of the day and on different days.
However, this is not always required under Illinois service of process rules. If the person serving the papers speaks to the person receiving them through the door or sees them come to the door but then they go back into the house, then the person can leave the papers on the door or can slip them under the door.
