Illinois Sample Letter for Request to Issue Summons by Publication
Description
How to fill out Sample Letter For Request To Issue Summons By Publication?
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FAQ
(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 ...
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.
A person needs to file a Motion for Leave to Serve by Publication and an Affidavit for Service by Publication before being allowed to give service through the newspaper.
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.
The defendant must file an appearance and responsive pleading or answer within 30 days of being served with the summons. An alias summons is a second summons that is issued by the court when the first attempt to serve a summons was unsuccessful.
Generally speaking, if you were not served then the court can not take legal action against you. Process servers are required to show proof of due diligence when attempting to serve legal documents.
Illinois Rules of Civil Procedure, Rule 5/2-203 allows for personal or residence service. Rules of Trial Procedure, Rule 4.1(A) allows for personal, residence, or registered or certified mail service. Rules of Civil Procedure, Rule 56.1 allows for personal or residence service.
Service by publication is a substitute delivery of litigation documents to give the opposing litigant notice of the suit against them by publishing the documents in an advertisement or in a newspaper of general circulation.
