Illinois Summons

State:
Illinois
Control #:
IL-SKU-1247
Format:
PDF
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Description

Summons

Illinois Summons is a court document that is served upon a defendant, informing them of a civil lawsuit that has been filed against them and requiring them to appear in court on a specific date. This document is served by a sheriff or other court-appointed process server, and contains the names of the parties involved in the lawsuit, the court name and address, the case number, and the date and time of the hearing. There are several types of Illinois Summons, including Civil Summons, Citation to Discover Assets, Citation to Recover Property, and Show Cause Order.

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FAQ

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.

File the original and 1 copy of your Motion, and the Certification, with the clerk's office in person or by mail. o To e-file, create an account with an e-filing service provider. Visit efile.illinoiscourts.gov/service-providers.htm to select a service provider.

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.

A summons is a court form which notifies the defendant that they are being sued and lists the day the defendant needs to appear in court (the Return Date). The court has no power to hear a case until the defendant is served the summons and complaint. The plaintiff selects both the Return Date and the trial date.

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.

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.

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.

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Illinois Summons