Illinois Service of Process Rules

Illinois

State Serve Rules
State Serve Rules

Affidavit

Notary
If served Out of State
Refusal service
No, leaving papers is considered personal service

Mailing

Mail for corporate substitute service
Not Required
Mail for substitue service
Required

Minors, Incapacitated, and Jail

Incapacitated individuals + care/custody
n
Jail Care Custody Service
Yes, state requires service on the warden or person in charge (considered sub service)
Jail Personal Service
Yes (service by mail to inmate)
Service to a minor
n

Proof Specialists

Mirrors Fed Rules
No
M&O
Not required for service

Substitute Service Rules - Business / Entity

Corporate subservice at a residence
n (partnership only)
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible

Substitute Service Rules - Individuals

Due diligence prior to substitute service
Not Required
Minimum age for substitute service
13
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents

When and where can you serve?

Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible

Eviction Summons Rules
Eviction Summons Rules

Mailing

Certified Mail
No
Mail always?
No
Mail if posted
n/a
Mail if subserve
Yes
Mail SLA
n/a

Posting Rules

Due Diligence Prior to Posting
n/a
Posting
Not Permissible

Eviction Posting Rules
Eviction Posting Rules

Affidavit

Notary for Notice
Not required

Mailing

Certified Mail
No
Mail always?
Yes
Mail SLA
3

Proof Specialists

Server/Marshal Required?
Server
**In all cases, please obtain:** - The full name of the person served. - Pictures of your attempt - Any license plates or vehicles
**Notary:** Required if served in IL and not licensed.
**Civil Subpoenas:** Personal service only and will be accompanied by a Witness Fee Check unless notified otherwise. Federal subpoenas do not need to be issued witness fees.
**INDIVIDUAL Service:** Please attempt to serve the listed servee. If you are attempting INDIVIDUAL Service at a business location, you cannot subserve a clerk/intake specialist. You can only subserve Individuals to co-residents of the household.
**Substitute Service:** After confirming residence, you can subserve a competent member of the household that is 13 years or older, then mail (first class) an additional copy to the served address. Be sure to provide your Territory Manager with the date of mailing, and any expenses for postage/mailing as postage is fully prepaid.
**PRIVATE CORPORATION:** President, CEO, Registered Agent, Officer, Intake Specialist, or clerk may accept service. Please obtain the title of the person served. If the Registered Agent is a company (CSC, CT, Corporate Creations, etc.) they will have an Intake Specialist or Clerk accept service.
**MINOR OR INCOMPETENT PERSON + Parent, guardian, or conservator ** - If no such person can be found, any person having the care or control of such minor at their house or work.
**POSTING (EVICTIONS)** - Post on the front door and take a picture. Then mail a copy via First Class Mail. Be sure to provide your Territory Manager with the date of mailing, and any expenses for postage/mailing as postage is fully prepaid.

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