Illinois Sample Letter for Summonses
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FAQ
Alias Summons ? a second summons issued in a case, in which return of service has been made and the defendant was not found. Appearance Date ? the date appearing on the summons, which sets the deadline by which the defendant must file an answer to the suit.
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.
No matter who does it, the person can properly serve the defendant in the following ways: By personally handing the summons and complaint to the defendant at any location, or. By going to the defendant's home and giving the summons and complaint to someone who lives with the defendant and is at least 13 years old.
An alias summons is basically the second attempt by a process server at serving you. ?Issued and returnable? means the process server must fill out an affidavit stating how, where, and when he/she claims to have served you. They can issue an alias summons as many times as the court allows them in order to serve you.
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.
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.
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.
