Illinois Summons-LM or Replevin

State:
Illinois
Control #:
IL-CV-SUM8
Format:
PDF
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Description

Summons-LM or Replevin

Illinois Summons-LM or Repletion is a legal process used by a creditor to regain possession of personal property (e.g. cars, furniture, jewelry, etc.) from a debtor who has failed to make payments. It is also used if a debtor withholds property from a creditor who believes they are entitled to it. There are two types of Summons-LM or Repletion in Illinois: 1) Summons-LM; and 2) Repletion. Summons-LM is the process used when a creditor seeks to repossess certain items that have been pledged as security for a loan. The creditor must provide the debtor with a notice of their intention to repossess the items, and then must file a lawsuit in court. After a hearing, a judge can then order the return of the items to the creditor. Repletion is the process used when a creditor seeks to recover items that have been wrongfully withheld from them, or items that are not pledged as security for a loan. In this case, the creditor must file a lawsuit and then obtain a court order allowing them to take possession of the items. If the debtor fails to comply with the court order, the court can appoint a deputy sheriff to repossess the items and return them to the creditor.

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FAQ

Rule 101(d) summons must be served within 30 days after its date. A rule 101(d) summons covers all other summons where the defendant must file an answer or appear within 30 days.

Every kind of service (Routine, Rush, and Same-Day) begins with an Illinois process server making up to three (3) efforts to deliver the legal documents, with the only variable being the timeframe of the attempts.

The most common way to serve a summons is to get the sheriff to do it. A person can get the sheriff in their county to serve a summons after they file their complaint and pay a fee.

In today's system, as shown below, there are three levels of courts: circuit, appellate, and supreme, all operating within clearly defined geographical boundaries.

SPRINGFIELD, Ill. (WTVO) ? The Illinois Supreme Court has amended a rule that allows residents to be served a court summons through social media, text, or email.

Miscellaneous Remedy (MR): In the felony section, the three most common miscellaneous remedy cases are eavesdropping, fugitive from justice, and criminal forfeiture cases.

Rule 101(b)(1) summons must be served at least 21 days before the appearance date. A rule 101(b)(1) summons covers all summons for actions less than $50,000 and mandatory arbitration cases, Rule 101(b)(2) and (b)(3) summons must be served at least 3 days before the appearance date.

In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.

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Illinois Summons-LM or Replevin