Illinois Sample Letter for Summons and Complaint
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How to fill out Sample Letter For Summons And Complaint?
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FAQ
A summons must be served with a copy of the complaint. The plaintiff is responsible for having the summons and complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to the person who makes service.
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.
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.
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.
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.
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.
How do you write a Summon? Every summons includes the following: the names of the plaintiff(s) and defendant(s), the case number, the place where the lawsuit has been filed, the name and address of the plaintiffs lawyer or the plaintiff, and the date by which the defendant has to respond to the lawsuit.
(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 ...
