What happens if summons is not served in Illinois?

If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

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Illinois Small Claims Summons

Illinois Small Claims Summons

Name: Illinois Small Claims Summons
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.71 (402 reviews)

Category:

Illinois Local County - Lake - Small Claims

State:

Illinois

Control #:

IL-SKU-0068

Format:

Instant download

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Description

Small Claims Summons Illinois Small Claims Summons is a document issued by the court, requiring a defendant to appear in court on a certain date in order to answer a complaint filed by a plaintiff. There are two types of Illinois Small Claims Summons: Original Summons and Special Summons. An Original Summons is typically issued in the initial stages of a case, while a Special Summons is typically issued in the later stages of a case. Both types of summons are served upon the defendant, either in person or by mail, and require the defendant to appear in court on the date specified. The purpose of the summons is to ensure that the defendant is aware of the court proceedings and has the opportunity to defend themselves. It is important to note that failure to appear in court as required may result in a default judgment being entered against the defendant.

Illinois Small Claims Summons is a document issued by the court, requiring a defendant to appear in court on a certain date in order to answer a complaint filed by a plaintiff. There are two types of Illinois Small Claims Summons: Original Summons and Special Summons. An Original Summons is typically issued in the initial stages of a case, while a Special Summons is typically issued in the later stages of a case. Both types of summons are served upon the defendant, either in person or by mail, and require the defendant to appear in court on the date specified. The purpose of the summons is to ensure that the defendant is aware of the court proceedings and has the opportunity to defend themselves. It is important to note that failure to appear in court as required may result in a default judgment being entered against the defendant.

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FAQ

Serving a summons through certified or registered mail In Small Claims cases, you can ask the local circuit clerk serve the defendant by certified or registered mail. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons.

If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.

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.

It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.

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.

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.

If you go to court, the judge will tell you when you need to file your Answer. It will usually be 10 days from your court date. In lawsuits for more than $50,000, the Summons will state that you must file an appearance within 30 days after the day you are served.

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.

More info

The Summons is the court document notifying you that a lawsuit has been filed against you. There are online programs to fill out the forms.Complete the Affidavit and Summons. □ Be sure your case should be filed in an Online Dispute Resolution (ODR) participating court. Small claims cases are typically handled in General Sessions Court. Complete the "Affidavit of Mailing" section on the reverse side of this form and have the person who mailed the forms sign in the appropriate section. Find information about filing a case and the process in small claims court. The court provides a variety of online services. View your case, access and fill out forms, check the court's calendar and eFile your claim or countersuit. All Illinois Courts must accept these forms.

Illinois Small Claims Summons

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