Bill Text: IL SB1724 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Provides that if a person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address, service of process may be effectuated by having the person serving the process mail a copy of the process via both regular and certified mail. Provides that service of the process shall meet the requirements of the Code set forth in Sections concerning forms of process and persons authorized to serve process; place of service; and failure to make return. Provides that the person serving the process shall execute and submit an affidavit confirming that the person, corporation, or agent or officer of a corporation uses a post office box as a principal mailing address and that the person serving the process has served the process in accordance with the new provisions.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Passed) 2014-08-08 - Public Act . . . . . . . . . 98-0865 [SB1724 Detail]

Download: Illinois-2013-SB1724-Amended.html

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Sen. John G. Mulroe

Filed: 3/21/2014

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AMENDMENT TO SENATE BILL 1724
AMENDMENT NO. ______. Amend Senate Bill 1724, AS AMENDED,
by replacing everything after the enacting clause with the
following:
"Section 5. The Code of Civil Procedure is amended by
adding Section 2-214 as follows:
(735 ILCS 5/2-214 new)
Sec. 2-214. Service of process on parties that use a post
office box.
(a) If a person, corporation, agent or officer of a
corporation, or member of a limited liability company uses a
post office box as a principal mailing address, the court may
enter an order allowing service of process by having a person
authorized to serve process under Section 2-202 of this Code
mail a copy of the process via both regular and certified mail.
(b) Before an order may be entered allowing service of

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process in the manner provided under this Section:
(1) a petition asking for leave to serve process as
provided in this Section shall be filed, and shall have
attached to it an affidavit, executed by the person
authorized to serve process, confirming that (i) the
person, corporation, agent or officer of the corporation,
or member of the limited liability company uses a post
office box as a principal mailing address; and (ii) the
person serving the process has been unable to serve process
by other means; and
(2) the court shall make a finding that service as
provided in this Section will result in substantial justice
to the parties, taking into account the following:
(A) whether all reasonable efforts have been made
to locate the person, corporation, agent or officer of
a corporation, or member of a limited liability company
and whether the efforts have been unsuccessful;
(B) evidence of a business address of the person,
corporation, agent or officer of a corporation, or
member of a limited liability company;
(C) unsuccessful attempts to locate the person,
corporation, agent or officer of a corporation, or
member of a limited liability company;
(D) unsuccessful attempts to accomplish service of
process;
(E) the nature of the case; and

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(F) any other factor the court deems relevant.".