Illinois State Process Service

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In Illinois, the service of process is governed by the Illinois Code of Civil Procedure (735 ILCS 5/), specifically Article II. Below are key rules regarding service of process in Illinois:

1. Methods of Service

Personal Service: The defendant is personally handed the summons and complaint.
Substitute Service: If the defendant is not available, service can be made by leaving the summons with someone over 13 years old at the defendant's usual place of abode, or by leaving it at the defendant's place of business with a person in charge.
Service by Mail: Service can be performed by mailing the summons to the defendant’s last known address, but only after personal or substitute service has failed.
Service by Publication: If the defendant cannot be found after due diligence, service can be made through publication in a newspaper, but this is allowed only if a court order is obtained.

2. Service of Summons

Summons: A summons must be issued by the court or a clerk of the court and must be served along with the complaint.
Timeframe for Service: The summons must generally be served within 30 days after the filing of the complaint. However, service may be extended with a court order.
Return of Service: The server must file a return of service with the court indicating how and when the service occurred.

3. Alternative Service (Substitute Service)

If the defendant is not personally present to be served, the server may leave the summons at the defendant’s residence or place of business with a family member or someone at least 13 years old who is residing at or employed at the location.
The person served must be informed that the document is related to a legal action and should promptly forward the summons to the defendant.

4. Service by Mail

Certified Mail: The summons can be sent by certified mail with return receipt requested. This is an alternative method if personal service or substitute service is unsuccessful.
Regular Mail: Service by regular mail (without certified mail) is not sufficient to meet the requirements of service of process, except when allowed by specific court rules or in conjunction with other methods of service.

5. Service on Corporations, Partnerships, or Associations

For corporations, the summons must be served on an officer, a registered agent, or another agent authorized by the corporation to receive service.
For partnerships, service may be made to a partner or an agent of the partnership.

6. Service on Governmental Entities

For service on a state or local government entity, the rules may differ. Generally, a summons must be served on the attorney general or designated person, and sometimes an additional process may be required.

7. Proof of Service

Affidavit of Service: After service, the process server must file an affidavit or return of service with the court, stating the date, time, and method of service, and who was served. This provides proof of the service.
Service by Publication: When service by publication occurs, the process server must file proof that the summons was published in the appropriate newspaper.

8. Special Rules for Residential Tenants and Eviction Actions

In cases involving residential tenants or eviction actions, Illinois has specific provisions regarding how and when service must occur to comply with local ordinances and the Illinois Forcible Entry and Detainer Act.