Bill Text: IL HB4025 | 2019-2020 | 101st General Assembly | Engrossed

Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Provides that, in counties that have a website that the staff of the county maintains, if the plaintiff is unable to obtain personal service on the defendant, the sheriff shall cause the notice of the eviction action to be posted on the website of the county where the cause is to be tried at least 10 days before the day set for the appearance.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Engrossed) 2020-03-04 - Referred to Assignments [HB4025 Detail]

Download: Illinois-2019-HB4025-Engrossed.html

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1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Code of Civil Procedure is amended by
5changing Section 9-107 as follows:
6 (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
7 Sec. 9-107. Constructive service. If the plaintiff, his or
8her agent, or attorney files an eviction action, with or
9without joinder of a claim for rent in the complaint, and is
10unable to obtain personal service on the defendant or unknown
11occupant and a summons duly issued in such action is returned
12without service stating that service can not be obtained, then
13the plaintiff, his or her agent or attorney may file an
14affidavit stating that the defendant or unknown occupant is not
15a resident of this State, or has departed from this State, or
16on due inquiry cannot be found, or is concealed within this
17State so that process cannot be served upon him or her, and
18also stating the place of residence of the defendant or unknown
19occupant, if known, or if not known, that upon diligent inquiry
20the affiant has not been able to ascertain the defendant's or
21unknown occupant's place of residence, then in all such
22eviction cases whether or not a claim for rent is joined with
23the complaint for possession, the defendant or unknown occupant

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1may be notified by posting and mailing of notices; or by
2publication and mailing, as provided for in Section 2-206 of
3this Act. However, in cases where the defendant or unknown
4occupant is notified by posting and mailing of notices or by
5publication and mailing, and the defendant or unknown occupant
6does not appear generally, the court may rule only on the
7portion of the complaint which seeks an eviction order, and the
8court shall not enter judgment as to any rent claim joined in
9the complaint or enter personal judgment for any amount owed by
10a unit owner for his or her proportionate share of the common
11expenses, however, an in rem judgment may be entered against
12the unit for the amount of common expenses due, any other
13expenses lawfully agreed upon or the amount of any unpaid fine,
14together with reasonable attorney fees, if any, and costs. The
15claim for rent may remain pending until such time as the
16defendant or unknown occupant appears generally or is served
17with summons, but the eviction order shall be final,
18enforceable and appealable if the court makes an express
19written finding that there is no just reason for delaying
20enforcement or appeal, as provided by Supreme Court rule of
21this State.
22 Such notice shall be in the name of the clerk of the court,
23be directed to the defendant or unknown occupant, shall state
24the nature of the cause against the defendant or unknown
25occupant and at whose instance issued and the time and place
26for trial, and shall also state that unless the defendant or

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1unknown occupant appears at the time and place fixed for trial,
2judgment will be entered by default, and shall specify the
3character of the judgment that will be entered in such cause.
4The sheriff (i) shall post 3 copies of the notice in 3 public
5places in the neighborhood of the court where the cause is to
6be tried, at least 10 days prior to the day set for the
7appearance or, in counties that have a website that the staff
8of the county maintains, shall cause the notice to be posted on
9the website of the county where the cause is to be tried at
10least 10 days prior to the day set for the appearance, and,
11(ii) if the place of residence of the defendant or unknown
12occupant is stated in any affidavit on file, shall at the same
13time mail one copy of the notice addressed to such defendant or
14unknown occupant at such place of residence shown in such
15affidavit. On or before the day set for the appearance, the
16sheriff shall file the notice with an endorsement thereon
17stating the time when and places where the sheriff posted and
18to whom and at what address he or she mailed copies as required
19by this Section. For want of sufficient notice any cause may be
20continued from time to time until the court has jurisdiction of
21the defendant or unknown occupant.
22(Source: P.A. 100-173, eff. 1-1-18.)