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Help ILAO open opportunities for justiceA summons is an official notice of a lawsuit. It is given to a person or business so that they know they are being sued. It also gives them the opportunity to defend themselves. This notification procedure is called service of process.
A lawsuit starts when a person files a complaint or petition. A complaint or petition is a document that says the person being sued has done something wrong. Or it says the person filing wants something to happen.
After a person files a complaint or petition, they will fill out a summons. Then, they will have the summons served on the other party. If a summons is properly served on the other party, then the parties must present their case in court. Or they must file an appearance or an answer. Reasonable accommodations may be made to have appearances over phone or video call.
If the other party doesn't show up in court, a person can automatically win the case.
If a person sues someone without giving them proper notice of the lawsuit, the case can be dismissed. Notice, and an opportunity to be heard, are required. To give proper notice, a person usually must give the other party a summons.
The cost for serving a summons depends on how and where you serve the summons. If a person uses the Sheriff, they can find out the fee by calling the County Sheriff where the summons will be served. A person may be able to get the fee waived for serving someone. They must meet certain income and property guidelines and file a fee waiver.
Usually, a fee waiver is filed electronically. You can still file even if you don't have internet access. This may or may not require a hearing. If you fail to appear in court for the hearing on your fee waiver, the court may dismiss your claim or strike your appearance.
However, hearings for an application to waive fees may now be held over phone or video call within 5-10 days. During the Covid-19 pandemic, the courts require waivers to be e-filed. But you may get an exception to file in person or by mail.
A person cannot serve the summons and complaint on the defendant on their own. Usually, they will need to use one of the 3 following people:
If the defendant or respondent is in Cook County, a private detective or private process server must be specially appointed by a judge. In most other counties with populations less than 2 million, process may be served by a private detective or private server without special appointment by the judge. Special appointment is determined where the defendant orrespondent is located and not where the lawsuit is filed.
No matter who does it, the person can properly serve the defendant in the following ways:
If it is not practical to serve the defendant in the traditional ways, a judge may order an electronic method of service. The judge must be satisfied that the defendant orrespondent can get and read the summons and documents electronically. If so, the following alternative methods of service may be ordered:
In these cases, attach a copy of the summons, complaint, and any other required documents. You will state: “Important information—You have been sued. Read all of the documents attached to this message. To participate in the case, you must follow the instructions listed in the attached summons. If you do not, the court may decide the case without hearing from you, and you could lose the case.”
A copy of the summons must be sent by mail to the defendant's last known address. A proof of service must be filed when sending a summons electronically.
There are separate rules for service of process on corporations, partnerships, and the government.
The most common way to serve a summons is to get the sheriff to do it. A person can get the county sheriff to serve a summons after they file their complaint and pay a fee.
Follow these steps to serve a summons through the sheriff:
A person can hire a professional process server who is licensed to serve people. They usually cost more than the sheriff, but it can be a way to serve defendants who are harder to find or who are avoiding service.
To find a professional process server, you can do a search on the internet. The National Association of Professional Process Servers also has a directory that can be searched by zip code.
Some counties require the plaintiff to ask the judge for permission to use a professional process server. Check with the local circuit clerk. If you need permission, use our Easy Form program to make the required forms.
Give a copy of the summons and complaint to the professional process server. Once they serve the defendant, they will fill out a sworn statement on the back of the summons explaining how they served the defendant.
Anyone 18 years of age or older who is not a party in the lawsuit can serve a defendant. But the plaintiff must first ask the judge for permission. Plaintiff must file a Motion to Appoint Special Process Server. Use our Easy Form program to make the motion forms.
In the motion, plaintiff must tell the judge the name of the person who will serve the defendant. A judge must issue an order appointing the server before they can serve the defendant.
After serving the defendant, the process server must complete a signed and notarized affidavit describing how they served the defendant. They must also attach it to the original summons. Then they will file it with the court.
Service by publication means that a notice is published in a newspaper in the area where the lawsuit was filed. If a single minority group makes up 45% of that area's population, the notice must also be published in that minority group's native language.
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. Click here for more information on filing a motion.
The plaintiff or their lawyer still must send notice by mail to the defendant's home address within 10 days of publication.
When plaintiff goes to court on the date of their motion, they need to show the judge that the sheriff or the special process server tried but was unable to serve the other party.
Note: A plaintiff cannot get everything they asked for in the suit from the other party if they serve them by publication. They cannot get a judgment for money against someone when they serve them by publication. For example, in a divorce case, a person would be able to get the divorce itself, but would not be able to get a judgment requiring the other side to pay child support.
In Small Claims cases, you can ask the local circuit clerk to serve the defendant by certified or registered mail. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons.
This method is less expensive than the other ways to serve the defendant. Pay the circuit clerk the fees for each party. If you have a fee waiver, you can give the clerk a copy to get a full or partial waiver of fees.
If you think the defendant will not sign the receipt or green card that shows they got the forms, you may not want to use this method of service. Instead, you can have the Sheriff or a special process server serve the defendant.
If there are multiple defendants, you must fill out a separate Small Claims Summons for each one.
Serving a defendant who lives outside of Illinois with an Illinois summons is often more complicated than serving someone who lives in Illinois. You may need to follow not only Illinois law but also the laws of the state where the defendant lives. If you are unsure about what rules to follow, you should get legal advice from a lawyer.
A summons usually gives the other side 30 days to file an appearance. If the other party does not respond to the summons, they may not have received it. The plaintiff can check with whomever was supposed to deliver the summons to see if the summons was delivered.
If the defendant was not served, the plaintiff who is suing must serve an alias summons. An alias summons is a second summons. A person can serve an alias summons just like a normal summons. But a person cannot move forward with their case until the defendant is served.