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Service of Process and the Summons in Illinois

·

By

ACL

The short answer

Service of process is the formal delivery of the summons and complaint to the defendant. The summons says when the defendant must respond. Until a defendant is properly served, the court generally cannot enter a judgment against it.

Where it fits in your case

It happens right after filing. In Illinois state court, a defendant usually must appear within 30 days of service. In federal court, an answer or motion is generally due 21 days after service.

What to expect

  • Individuals are served in person or by leaving the papers with a household member 13 or older, followed by mailing.

  • Companies are served through their registered agent or an officer or agent.

  • Diligence matters. Under Supreme Court Rule 103(b), a plaintiff who does not diligently serve can have the case dismissed, sometimes with prejudice.

What we need from you

If you were served: the papers, who received them, and when. If you are suing: the defendant’s exact legal name and registered agent.

Common misconceptions

  • “I heard about the case, so I was served.” Actual knowledge does not replace proper service.

  • “Ignoring it buys time.” It usually leads to a default judgment.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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