Illinois Sample Letter for Request to Serve Summons Upon Defendants
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How to fill out Sample Letter For Request To Serve Summons Upon Defendants?
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FAQ
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.
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.
(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 ...
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.
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 the defendant was not served, the plaintiff who is suing must serve an alias summons. An alias summons is a second summons. A person can serve an alias summons just like a normal summons. But a person cannot move forward with their case until the defendant is served.
To respond to this Summons, you must file Appearance and Answer/Response. forms with the court within 30 days after you have been served (not counting the day.
Become an Illinois Process Server Present legal photo identification. Complete an application for appointment at the county court in which you reside. Undergo a criminal background check and get fingerprinted. Pay processing fees.
