The Illinois Affidavit For Service By Publication is a legal document used when a party in a court case cannot be personally served with a summons and complaint. It enables the individual to be served through published notice in a newspaper or other publication. There are two types of Illinois Affidavit For Service By Publication: One for service in the State of Illinois and one for service outside the State of Illinois. The affidavit must be filed with the court and must include a statement of facts that demonstrate the party's inability to be personally served. The affidavit must also include the name and address of the publication in which the notice will be published, the dates of publication, and a statement that the notice will be published for a period of at least three weeks. The affidavit must be signed by the party or his/her attorney.
Illinois Affidavit For Service By Publication
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
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FAQ
(a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State.
If the defendant is a private corporation, it can be served by leaving a copy of the legal documents with the agent that is registered with the state or with any officer or agent of the corporation located in the state. It can also be served by publication and mail like individuals.
The receipt for certified or registered mail shall state the name and address of the addressee, and the date of mailing, and shall be filed by the clerk.
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.
Serving a summons through publication in a newspaper A person needs to file a Motion for Leave to Serve by Publication and an Affidavit for Service by Publication before being allowed to give service through the newspaper.
As you may recall, the Illinois Code of Civil Procedure allows substitute service, through which process can be served by leaving a copy of the summons at a defendant's abode, with some family member or resident over the age of 13. 735 ILCS 5/2-203(a)(2).
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.
For example, in Illinois, the rules generally require an ?affidavit? be notarized, though there are specific types of affidavits to which the requirement does not apply, such as affidavits being filed in support of a motion for summary judgment or a motion for involuntary dismissal.
