Service of process

Service of process


Service of Process In this video, you will learn how to serve
the person you are suing with the complaint or petition. When you start a lawsuit, you must tell the
person you’re suing about it. This is known as serving the other party, or “service
of process.” Without proper service of process, the judge will not decide your case. Service happens when the person you are suing
receives a copy of your complaint or petition, along with a “summons” form. A summons
tells the person about the lawsuit and when and how to appear in court. After you complete the summons, make at least
two copies. Bring the summons and copies to the circuit clerk when you file your complaint
or petition. The circuit clerk will stamp the summons and copies and give them back
to you. Service can be done in 1 of 4 ways: – By the sheriff;
– By a detective or special process server; – By certified mail, and, in some types of
cases; – By publishing notice of the lawsuit in the
local newspaper You can have the sheriff deliver the court
papers to the person you are suing. Take or mail the stamped summons and copies to the
sheriff’s office where the defendant lives. There is a fee for this service. If you mail
the papers to the sheriff, be sure to include an addressed, stamped, return envelope with
the papers. A licensed private detective or “special
process server” can also serve the person with the court papers. In most cases, you
first must ask the judge’s permission to do this by filing a “Motion for Appointment
of Special Process Server.” Once the person is served with notice of the
lawsuit, the sheriff, detective or process server fills out a sworn statement on the
back of the summons copy and mails it back to you or returns it to the circuit clerk. The returned summons shows the judge that
the person knew about the case. In some cases, you may be able to serve someone
by certified mail or by publication. These options require special steps. Finally, if the party you are suing is a business,
more rules apply. For more information on service of process,
talk with a lawyer, ask your local circuit clerk’s office, or visit “Illinois-legal-aid-dot-org.” -2-

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