Bill Text: IL SB3596 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Civil Procedure. Provides that, in mortgage foreclosure actions, the plaintiff, or his or her attorney, (rather than the clerk of the court) shall send a copy of the publication to each defendant. Provides that the certificate of the plaintiff (rather than the clerk of the court) is evidence that the plaintiff sent a copy of the publication to each defendant. Provides that a copy of the certificate shall be filed at the office of the clerk of the court where the action is pending.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3596 Detail]

Download: Illinois-2019-SB3596-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3596 Introduced 2/13/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
735 ILCS 5/2-206 from Ch. 110, par. 2-206
Amends the Code of Civil Procedure. Provides that, in mortgage foreclosure actions, the plaintiff, or his or her attorney, (rather than the clerk of the court) shall send a copy of the publication to each defendant. Provides that the certificate of the plaintiff (rather than the clerk of the court) is evidence that the plaintiff sent a copy of the publication to each defendant. Provides that a copy of the certificate shall be filed at the office of the clerk of the court where the action is pending.
LRB101 19671 LNS 69161 b
A BILL FOR
SB3596 LRB101 19671 LNS 69161 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Section 2-206 as follows:
(735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
Sec. 2-206. Service by publication; affidavit; mailing;
certificate.
(a) Whenever, in any action affecting property or status
within the jurisdiction of the court, including an action to
obtain the specific performance, reformation, or rescission of
a contract for the conveyance of land, except for an action
brought under Part 15 of Article XV of this Code that are
subject to subsection (a-5), plaintiff or his or her attorney
shall file, at the office of the clerk of the court in which
the action is pending, an affidavit showing that the defendant
resides or has gone out of this State, or on due inquiry cannot
be found, or is concealed within this State, so that process
cannot be served upon him or her, and stating the place of
residence of the defendant, if known, or that upon diligent
inquiry his or her place of residence cannot be ascertained,
the clerk shall cause publication to be made in some newspaper
published in the county in which the action is pending. If

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there is no newspaper published in that county, then the
publication shall be in a newspaper published in an adjoining
county in this State, having a circulation in the county in
which action is pending. The publication shall contain notice
of the pendency of the action, the title of the court, the
title of the case, showing the names of the first named
plaintiff and the first named defendant, the number of the
case, the names of the parties to be served by publication, and
the date on or after which default may be entered against such
party. The clerk shall also, within 10 days of the first
publication of the notice, send a copy thereof by mail,
addressed to each defendant whose place of residence is stated
in such affidavit. The certificate of the clerk that he or she
has sent the copy in pursuance of this Section is evidence that
he or she has done so.
(a-5) If, in any action brought under Part 15 of Article XV
of this Code, the plaintiff, or his or her attorney, shall
file, at the office of the clerk of the court in which the
action is pending, an affidavit showing that the defendant
resides outside of or has left this State, or on due inquiry
cannot be found, or is concealed within this State so that
process cannot be served upon him or her, and stating the place
of residence of the defendant, if known, or that upon diligent
inquiry his or her place of residence cannot be ascertained,
the plaintiff, or his or her attorney representative, shall
cause publication to be made in some newspaper published in the

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county in which the action is pending. If there is no newspaper
published in that county, then the publication shall be in a
newspaper published in an adjoining county in this State,
having a circulation in the county in which action is pending.
The publication shall contain notice of the pendency of the
action, the title of the court, the title of the case, showing
the names of the first named plaintiff and the first named
defendant, the number of the case, the names of the parties to
be served by publication, and the date on or after which
default may be entered against such party. It shall be the
non-delegable duty of the plaintiff, or his or her attorney
clerk of the court, within 10 days of the first publication of
the notice, to send a copy thereof by mail, addressed to each
defendant whose place of residence is stated in such affidavit.
The certificate of the plaintiff, or his or her attorney, clerk
of the court that he or she has sent the copy in pursuance of
this Section is evidence that he or she has done so. A copy of
the certificate shall be filed at the office of the clerk of
the court where the action is pending.
(b) In any action brought by a unit of local government to
cause the demolition, repair, or enclosure of a dangerous and
unsafe or uncompleted or abandoned building, notice by
publication under this Section may be commenced during the time
during which attempts are made to locate the defendant for
personal service. In that case, the unit of local government
shall file with the clerk an affidavit stating that the action

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meets the requirements of this subsection and that all required
attempts are being made to locate the defendant. Upon the
filing of the affidavit, the clerk shall cause publication to
be made under this Section. Upon completing the attempts to
locate the defendant required by this Section, the municipality
shall file with the clerk an affidavit meeting the requirements
of subsection (a). Service under this subsection shall not be
deemed to have been made until the affidavit is filed and
service by publication in the manner prescribed in subsection
(a) is completed.
(Source: P.A. 101-539, eff. 1-1-20.)