Illinois Service of Process Rules
Illinois
State Serve Rules
Affidavit
Notary
If served Out of State
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
n
Jail Care Custody Service
Yes, state requires service on the warden or person in charge (considered sub service)
Jail Personal Service
Yes (service by mail to inmate)
Service to a minor
n
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
n (partnership only)
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
13
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
n/a
Mail if subserve
Yes
Mail SLA
n/a
Posting Rules
Due Diligence Prior to Posting
n/a
Posting
Not Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**In all cases, please obtain:**
- The full name of the person served.
- Pictures of your attempt
- Any license plates or vehicles
**Notary:** Required if served in IL and not licensed.
**Civil Subpoenas:** Personal service only and will be accompanied by a Witness Fee Check unless notified otherwise. Federal subpoenas do not need to be issued witness fees.
**INDIVIDUAL Service:** Please attempt to serve the listed servee. If you are attempting INDIVIDUAL Service at a business location, you cannot subserve a clerk/intake specialist. You can only subserve Individuals to co-residents of the household.
**Substitute Service:** After confirming residence, you can subserve a competent member of the household that is 13 years or older, then mail (first class) an additional copy to the served address.
**PRIVATE CORPORATION:** President, CEO, Registered Agent, Officer, Intake Specialist, or clerk may accept service. Please obtain the title of the person served. If the Registered Agent is a company (CSC, CT, Corporate Creations, etc.) they will have an Intake Specialist or Clerk accept service.
**MINOR OR INCOMPETENT PERSON + Parent, guardian, or conservator ** - If no such person can be found, any person having the care or control of such minor at their house or work.
**POSTING (EVICTIONS)** - Post on the front door and take a picture. Then mail a copy via First Class Mail.
