Illinois Small Claims Summons is a legal document issued from a court of law in the state of Illinois. It is used to notify a defendant of a pending civil action in a small claims court. The summons informs the defendant of the alleged wrongdoing, the amount of money the plaintiff is seeking, and the date of the hearing. It also contains instructions on how the defendant should respond. There are two types of Illinois Small Claims Summons: a Summons and Complaint and a Notice of Settlement Conference. The Summons and Complaint informs the defendant of the details of the case and the date of the hearing, and the Notice of Settlement Conference is sent after the Summons and Complaint if the plaintiff and defendant cannot reach an agreement.
Illinois Small Claims Summons
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Small Claims Summons
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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.
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.
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.
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.
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.
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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.