102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0595

 

Introduced 2/24/2021, 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.


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A BILL FOR

 

SB0595LRB102 15847 LNS 21216 b

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 2-206 as follows:
 
6    (735 ILCS 5/2-206)  (from Ch. 110, par. 2-206)
7    Sec. 2-206. Service by publication; affidavit; mailing;
8certificate.
9    (a) Whenever, in any action affecting property or status
10within the jurisdiction of the court, including an action to
11obtain the specific performance, reformation, or rescission of
12a contract for the conveyance of land, except for an action
13brought under Part 15 of Article XV of this Code that is are
14subject to subsection (a-5), the plaintiff or his or her
15attorney shall file, at the office of the clerk of the court in
16which the action is pending, an affidavit showing that the
17defendant resides or has gone out of this State, or on due
18inquiry cannot be found, or is concealed within this State, so
19that process cannot be served upon him or her, and stating the
20place of residence of the defendant, if known, or that upon
21diligent inquiry his or her place of residence cannot be
22ascertained, the clerk shall cause publication to be made in
23some newspaper published in the county in which the action is

 

 

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1pending. If there is no newspaper published in that county,
2then the publication shall be in a newspaper published in an
3adjoining county in this State, having a circulation in the
4county in which action is pending. The publication shall
5contain notice of the pendency of the action, the title of the
6court, the title of the case, showing the names of the first
7named plaintiff and the first named defendant, the number of
8the case, the names of the parties to be served by publication,
9and the date on or after which default may be entered against
10such party. The clerk shall also, within 10 days of the first
11publication of the notice, send a copy thereof by mail,
12addressed to each defendant whose place of residence is stated
13in such affidavit. The certificate of the clerk that he or she
14has sent the copy in pursuance of this Section is evidence that
15he or she has done so.
16    (a-5) If, in any action brought under Part 15 of Article XV
17of this Code, the plaintiff, or his or her attorney, shall
18file, at the office of the clerk of the court in which the
19action is pending, an affidavit showing that the defendant
20resides outside of or has left this State, or on due inquiry
21cannot be found, or is concealed within this State so that
22process cannot be served upon him or her, and stating the place
23of residence of the defendant, if known, or that upon diligent
24inquiry his or her place of residence cannot be ascertained,
25the plaintiff, or his or her attorney representative, shall
26cause publication to be made in some newspaper published in

 

 

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1the county in which the action is pending. If there is no
2newspaper published in that county, then the publication shall
3be in a newspaper published in an adjoining county in this
4State, having a circulation in the county in which action is
5pending. The publication shall contain notice of the pendency
6of the action, the title of the court, the title of the case,
7showing the names of the first named plaintiff and the first
8named defendant, the number of the case, the names of the
9parties to be served by publication, and the date on or after
10which default may be entered against such party. It shall be
11the non-delegable duty of the plaintiff, or his or her
12attorney clerk of the court, within 10 days of the first
13publication of the notice, to send a copy thereof by mail,
14addressed to each defendant whose place of residence is stated
15in such affidavit. The certificate of the plaintiff, or his or
16her attorney, clerk of the court that he or she has sent the
17copy in pursuance of this Section is evidence that he or she
18has done so. A copy of the certificate shall be filed at the
19office of the clerk of the court where the action is pending.
20    (b) In any action brought by a unit of local government to
21cause the demolition, repair, or enclosure of a dangerous and
22unsafe or uncompleted or abandoned building, notice by
23publication under this Section may be commenced during the
24time during which attempts are made to locate the defendant
25for personal service. In that case, the unit of local
26government shall file with the clerk an affidavit stating that

 

 

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1the action meets the requirements of this subsection and that
2all required attempts are being made to locate the defendant.
3Upon the filing of the affidavit, the clerk shall cause
4publication to be made under this Section. Upon completing the
5attempts to locate the defendant required by this Section, the
6municipality shall file with the clerk an affidavit meeting
7the requirements of subsection (a). Service under this
8subsection shall not be deemed to have been made until the
9affidavit is filed and service by publication in the manner
10prescribed in subsection (a) is completed.
11(Source: P.A. 101-539, eff. 1-1-20; revised 8-19-20.)