State rules

How to serve someone in Illinois

Illinois Code of Civil Procedure 735 ILCS 5/2-203 — sheriff or special process server, abode service, and the 60-day Cook County deadline.

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Illinois service of process is codified in 735 ILCS 5/2-203 + 2-208. Cook County and the collar counties have their own local rules, with Cook County Local Rule 7.4 imposing a 60-day deadline that's stricter than the statewide 90 days.

Who can serve in Illinois

Under 735 ILCS 5/2-202, service may be made by:

  • The sheriff of the county where service is made
  • A special process server appointed by court order under §2-202(a-5)
  • A private detective agency licensed under the Private Detective Act

Servd's Illinois network is composed of court-appointed special process servers.

Personal service (735 ILCS 5/2-203(a)(1))

In-hand personal service on the defendant. The server must identify the defendant — Cook County requires the server's report to include a physical description.

Abode service (735 ILCS 5/2-203(a)(2))

If the defendant is not found, leave a copy at the usual place of abode with someone of the family who is 13+, then mail a copy in a sealed envelope. The mailing must be to the defendant's usual place of abode.

Substituted service on corporations (735 ILCS 5/2-204)

Corporations are served on a registered agent, officer, or any employee found at the office.

Return of service (Cook County Rule 7.4)

In Cook County, the return must be filed within 10 days of service. The court is strict about this — late returns can void otherwise-valid service.

Deadlines

  • Cook County Local Rule 7.4: Service must be completed within 60 days of issuance of summons. The court may extend on motion.
  • Statewide §2-1009: Voluntary dismissal is permitted, but reinstatement requires a new filing.

What it costs

Standard service: $99 flat statewide. Rush: $159. Expedited (same day): $229. Cook County, the collar counties, and downstate all priced the same.

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