Illinois Small Claims Summons is a legal document issued by a court informing a defendant of a small claims lawsuit in the state of Illinois. The summons notifies the defendant of the lawsuit and warns the defendant to appear in court on a certain date to answer the plaintiff's complaint or risk a default judgment against them. There are two types of Illinois Small Claims Summons: "Notice of Suit" and "Call of Suit". The Notice of Suit summons is used to inform the defendant of the lawsuit and the Call of Suit summons is used to summon the defendant to appear in court. Both types of summons must be served by a process server, sheriff, or other qualified individual to the defendant in accordance with Illinois law.
Illinois Small Claims Summons
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Small Claims Summons
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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.
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.
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.
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.
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.
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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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. â–¡ 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.