Illinois Sample Letter for Summons by Publication for Defendant — Affidavit of Counsel is a crucial legal document used when a defendant cannot be personally served with a summons in a lawsuit. The purpose of this affidavit is to affirm that the defendant's whereabouts are unknown and all reasonable efforts to locate and serve them have been exhausted. Here is a detailed description of the contents and types of this Illinois legal document: 1. Heading: The letter should begin with the name of the court, county, and case information, including the case number and the names of the plaintiff and defendant. This is essential for proper identification and reference. 2. Affidavit of Counsel: The affidavit section is sworn and signed by the plaintiff's attorney, also known as counsel. It serves as a statement, under penalty of perjury, affirming the steps taken to locate and serve the defendant before resorting to summon by publication. 3. Identification of Defendant: The affidavit should clearly identify the defendant by name, any known aliases, and other relevant information (such as last known address or employer). 4. Due Diligence: This section outlines the diligent efforts undertaken to locate the defendant, including but not limited to: — Description of specific attempts made to serve the defendant: This may include personal visits to known addresses, contacting known associates or family members, searching public records, and working with skip-tracing services. — Details of failed service attempts: Document any instances where the defendant could not be served due to their absence, evasiveness, or refusal to accept service. 5. Unknown Current Address: The affidavit should state that the defendant's current address is unknown or cannot be ascertained with reasonable diligence. 6. Publication: This section details the intention to publish the summons in a newspaper of general circulation in the county where the lawsuit was filed. It should mention the frequency, dates, and name(s) of the publication(s) chosen for this purpose. 7. Compliance with Legal Requirements: The affidavit verifies that all legal requirements for publishing a summons by publication in Illinois have been met, including adherence to a specific publication period as mandated by state laws. 8. Certificate of Service: The affidavit should include a certificate of service indicating that a copy of the affidavit has been served to the defendant's last known address or any other known address(BS). This is necessary to inform the defendant of the ongoing legal proceedings. Different types of Illinois Sample Letters for Summons by Publication for Defendant — Affidavit of Counsel may exist due to variations in local court rules or specific case circumstances. However, the core content remains similar, focusing on the diligent efforts made to locate and the subsequent intention to serve the defendant via publication.
Illinois Sample Letter for Summons by Publication for Defendant - Affidavit of Counsel
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Ask a friend or relative to serve the papers. Or, you can pay the Sheriff's Department or hire a ?process server.? Look in the Yellow Pages, under ?Process Serving.? Remember: The server must: Be 18 or over. Not be involved in your case.
If they were not served, you will need to request to have a second summons (referred to as an alias summons) issued by the clerk and repeat the service process outlined earlier.
You will have to serve the Defendant either through the Sheriff's Office or through Certified Mail, if you qualify to serve by Certified Mail. SPECIAL NOTE: CERTIFIED MAIL You may only choose to serve by Certified Mail if your case is under $10,000 and the Defendant is in the state of Illinois.
If the Petitioner is unable to provide personal service by the Sheriff or a special process server, which the Petitioner must prove by the Sheriff's certificate and the special process server's affidavit, then the Petitioner may file a motion to request the Court to issue an Order for service by publication.
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.
No matter who does it, the person can properly serve the defendant in the following ways: By personally handing the summons and complaint to the defendant at any location, or. By going to the defendant's home and giving the summons and complaint to someone who lives with the defendant and is at least 13 years old.
Each case must be attached individually with all the take notices included. Postcards must be attached to the corresponding case number, preferably in the order of the Sheriff Rider. Bulk postcards will NOT be accepted. Certified mail labels must be attached with the matching case number.
