Illinois Withhold Issuance of Service of Process Request
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How to fill out Withhold Issuance Of Service Of Process Request?
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FAQ
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.
The only difference in the above levels of service (Routine & Rush) is the start times; they all include the Illinois process server making up to three (3) attempts (Morning, Afternoon & Evening).
The court may at any time on its own initiative, or on motion of any party or witness, make a protective order as justice requires, denying, limiting, conditioning, or regulating discovery to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or oppression.
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.
This is another reason why it's important to go to court when you are summoned. If you don't go to court and you don't show up for the summons, the Judge is going to issue a bench warrant for you. If there's a bench warrant issued for you, you'll get arrested when you're picked up on that warrant.
Sec. 31-3. Obstructing service of process. Whoever knowingly resists or obstructs the authorized service or execution of any civil or criminal process or order of any court commits a Class B misdemeanor.
If the other party does not respond to the summons, they may not have received it. The plaintiff can check with whomever was supposed to deliver the summons to see if the summons was delivered. If the defendant was not served, the plaintiff who is suing must serve an alias summons. An alias summons is a second summons.
