Service of summons Lawyer Manual

• If the claim is a small claim of $10,000 or less, then service may be by certified mail, return receipt; IL SCR 284
• Personally on the defendant, wherever he may be found; 735 ILCS 5/2-203
• Substitute service on the defendant, at his abode, on someone who lives with him, who is at least 13 years old; 735 ILCS 5/2-203
• If the defendant is a private corporation, it may be served by leaving a copy of the process with its registered agent or any officer found anywhere in the State; 735 ILCS 5/2-204 or
• If the defendant was a non-resident of IL at the time of the accident or becomes a non-resident of IL, then upon the IL Secretary of State with notice to the defendant by registered mail at the last known address of the defendant.  625 ILCS 5/10-301.

Service by special order of the judge

If it is not practical to serve the defendant in the traditional ways, a judge may order a comparable method of service as long as it is consistent with due process. If the judge is satisfied that the defendant/respondent has access to and the ability to use the necessary technology to receive and read the summons and documents electronically, the following alternative methods of service or combination of methods of service may be ordered.

• Direct message on social media where the defendant has an active account,
• Email, or
• Text message.

In these cases, attach a copy of the summons/complaint petition, 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. IL SCR 102.
 

Time to serve summons pursuant to Supreme Court Rule 101 (temporary amendment): 

• 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. These rules covers summons for an eviction case or personal property recovery. They also cover cases under 2-208 of the Code of Civil Procedure, and
• 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.

Learn more about serving a summons and the difference between a summons and subpoena.