Illinois Supreme Court-Approved Instructions, How to File and Present an Eviction Case

Follow Step 3 and ask the sheriff to try to serve • If you got a court date from the judge, put that
the other party again. Remember to attach the date, time and courtroom on the Notice.
original Eviction Complaint to the new Eviction • If you did not get a court date from the judge,
Summons. call the Circuit Clerk to ask for a court date. Put
• If you do not wish to use the sheriff, you may be that date, time, and courtroom on the Notice.
able to use a special process server to serve the o File the Affidavit for Service by Posting and a copy
Eviction Summons instead. of the Notice by Posting Requiring Appearance in
• For information about how to use a special Pending Eviction Action that will be posted.
process server, see How to File & Send a o The Circuit Clerk or the sheriff may charge fees to
Motion to Appoint Special Process Server at file or serve your Affidavit and Notice by Posting
ilcourts.info/forms. Requiring Appearance in Pending Eviction Action. If
you have an Order for Waiver of Court Fees, all or
What if the sheriff or special process server has part of these fees will be waived.
tried and been unable to serve the Eviction o After you file, give the Notice to the sheriff to post
Summons and Eviction Complaint personally? and pay your part of any fees. The sheriff may need
The sheriff may be able to serve the Defendants by multiple copies of the Notice or other papers before
posting notices of the eviction in the area around the they will serve the Defendants by posting. Call the
property. Serving the Defendants in this way is called sheriff’s office and ask for their requirements.
“service by posting.” o The sheriff must post the Notice at least 10 days
You must follow special rules to serve the Defendants by before the court date. The sheriff will file