Court & Hearings

A summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court  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 process is called "service of process."

A lawsuit starts when a person files a complaint A written statement to start a lawsuit that says what the defendant did  or petition (noun) A written request to a court (verb) To request from a court . 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.

The person can file a summons at the same time as the complaint or after filing the complaint. The court clerk will put a stamp on the summons. Then, the person filing will have the summons "served" (delivered) on the other party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. . If a summons is properly served on the other party, then the parties must present their case in court. The other side is usually required to file an appearance or an answer. In some cases, they can appear by phone or video call.

If the other party doesn't show up in court, the person who filed the lawsuit may win automatically.

If a person sues someone without giving them proper notice of the lawsuit, the case can be dismissed Cases dismissed with no further action anticipated. . Notice and an opportunity to be heard are required. To give proper notice, a person usually must give the other party a summons.

Costs for serving a summons

The cost to serve Giving court documents to someone a summons depends on how and where it's served. 

If you use the sheriff A county officer who can serve people with summons. They can evict someone with a court order. , you can call the county sheriff’s office to ask about the fee. You may qualify to have the fee waived if you apply for and qualify for a fee waiver.  

Licensed private process servers are private businesses and charge a fee. Contact the specific business to ask about their service fees.

Note: If you are filing a case in Cook County and want to use a private process server, you must pay an extra $5 per party when you file your documents. The e-filing Short for "electronic filing." You file court papers using a computer instead of handing them to the clerk in person. This is required in Illinois as of 1/1/18. system does not make this clear, so you need to find and select this fee option. If you do not, the circuit clerk The office that takes care of files and documents for circuit court cases may reject your filing.

How to serve a summons

You cannot serve the summons and complaint on the defendant The person or organization being sued in a lawsuit  on your own. Usually, you will need to use one of the following:

• The sheriff in the county where the defendant lives. If your fee waiver is approved, the fee for this should be covered,
• A licensed private process server, who is a licensed private detective or a registered employee of a licensed private detective agency, or
• An unlicensed process server, who is anyone over the age of 18 who is not involved in the case. You must get permission from the judge to use an unlicensed process server.

Regardless of who serves the documents, they can do so in these 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.

Service by special order of the judge

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 or respondent A person who has a petition filed against them can get and read the summons and documents electronically. If so, the following alternative 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, 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 When the parties in a case present their sides of a case to a judge or other officer 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 A form that explains how court papers were given to someone in a court case must be filed when sending a summons electronically.

Serving a company, partnership, or the government

There are separate rules for service of process on corporations, partnerships, and the government.

• Corporations and partnerships: Generally, the summons and complaint must be served on the registered agent The person who receives notice of legal actions when a corporation is sued  representing the corporation or partnership. They may also be served on an officer of the corporation or partnership.
• Government and government agencies: It depends on the type of lawsuit a person files. If someone thinks they need to file a lawsuit against the government or a government agency, they should talk to an attorney.

Serving a summons with the sheriff

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:

1. Make 2 more copies of the summons and complaint.
2. Take the copies of the summons and complaint to the sheriff to arrange for service on the defendant.
3. The sheriff will go to the address you list on the summons and attempt to serve the defendant.
4. If no one answers the door, the sheriff will come back a different day. They will not leave the papers on the door or force their way into the house.
5. Once the sheriff serves the defendant, the sheriff will fill out a Proof of Service of Summons and Complaint/Petition , also called a certificate of service or a sworn statement. Then they may file it with the court or give it to you. If the sheriff gives you the Proof of Service of Summons and Complaint/Petition, you must file it with the court. Feel free to ask the sheriff if they will file it or give it to you to file.

Serving a summons with a licensed private process server

A person can hire a professional process server who is licensed to serve people. In Illinois, this is someone who is a licensed private detective or a registered employee of a licensed private detective agency. 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. You do not need permission from the judge to use a licensed private process server to serve court documents.

Give a copy of the summons and complaint to the professional process server. Once they serve the defendant, they will fill out a Proof of Service of Summons and Complaint/Petition, also called a certificate of service or a sworn statement. The process server may file the Proof of Service of Summons and Complaint/Petition with the court or give it to you. If they give it to you, you must file it with the court. 

Serving a summons with an unlicensed private process server

Anyone 18 or older who is not involved in the lawsuit can serve the defendant, but you must first get the judge's permission by filing a Motion to Approve Process Server Who Is Not Licensed. Use our Easy Form program to make the motion forms.

In the motion, the plaintiff A person or party that starts a lawsuit 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 A notarized written statement signed by a person under oath describing how they served the defendant. They must also attach it to the original summons. Then they will file it with the court.

Serving a summons through publication in a newspaper

Service by publication Notifying someone about a case by publishing a notice in a newspaper  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 Someone who represents clients in courts or who gives legal advice still must send notice by mail to the defendant's home address within 10 days of publication.

When the 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 An official decision by a court that ends the dispute between parties  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 Money paid by a parent to help another parent support a minor child or an adult child with a disability .

Serving a summons through certified or registered mail

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 outside of Illinois 

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.

If there is no response to a summons

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 whoever 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 A name, such as a nickname, that is used by someone but is not their legal name  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.