Full Text of SB1678 102nd General Assembly
SB1678sam001 102ND GENERAL ASSEMBLY | Sen. Adriane Johnson Filed: 3/19/2021
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| 1 | | AMENDMENT TO SENATE BILL 1678
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1678 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Code of Civil Procedure is amended by | 5 | | adding Section 9-107.1 as follows: | 6 | | (735 ILCS 5/9-107.1 new) | 7 | | Sec. 9-107.1. Constructive service; county website. | 8 | | (a) This Section applies only in Lake County. | 9 | | (b) If the plaintiff, his or her agent,
or attorney files | 10 | | an eviction action, with or without joinder of a claim for rent | 11 | | in the
complaint, and is unable to obtain personal service on | 12 | | the
defendant or unknown occupant and a summons duly issued in | 13 | | such action is returned
without service stating that service | 14 | | can not be obtained, then the
plaintiff, his or her agent or | 15 | | attorney may file an affidavit stating that the
defendant or | 16 | | unknown occupant is not a resident of this State, or has |
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| 1 | | departed from this
State, or on due inquiry cannot be found, or | 2 | | is concealed within this
State so that process cannot be | 3 | | served upon him or her, and also stating the
place of residence | 4 | | of the defendant or unknown occupant, if known, or if
not | 5 | | known, that
upon diligent inquiry the affiant has not been | 6 | | able to ascertain the
defendant's or unknown occupant's place | 7 | | of residence, then in all such eviction
cases
whether or not a | 8 | | claim for rent is joined with the complaint for
possession, | 9 | | the defendant or unknown occupant may be notified by posting
| 10 | | and mailing of
notices; or by publication and mailing, as | 11 | | provided for in
Section 2-206. However, in cases where the | 12 | | defendant or unknown
occupant is notified by
posting and | 13 | | mailing of notices or by publication and mailing, and the
| 14 | | defendant or unknown occupant does not appear generally, the | 15 | | court may rule
only on the
portion of the complaint which seeks | 16 | | an eviction order, and the
court shall not enter judgment as to | 17 | | any rent claim joined in the
complaint or enter personal | 18 | | judgment for any amount owed by a unit owner
for his or her | 19 | | proportionate share of the common expenses, however, an in
rem | 20 | | judgment may be entered against the unit for the amount of | 21 | | common expenses
due, any other expenses lawfully agreed upon | 22 | | or the amount of any unpaid
fine, together with reasonable | 23 | | attorney fees, if any, and costs. The claim
for rent may remain | 24 | | pending until the
defendant or unknown occupant appears | 25 | | generally or is served with summons, but the eviction order | 26 | | shall be final, enforceable and appealable if the court makes
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| 1 | | an express written finding that there is no just reason for | 2 | | delaying
enforcement or appeal, as provided by Supreme Court | 3 | | rule of this State. | 4 | | (c) Such notice shall be in the name of the clerk of the | 5 | | court, be
directed to the defendant or unknown occupant, shall | 6 | | state the nature of the cause against
the defendant or unknown | 7 | | occupant and at whose instance issued and the time and place | 8 | | for
trial, and shall also state that unless the defendant or | 9 | | unknown occupant appears at the
time and place fixed for | 10 | | trial, judgment will be entered by default, and
shall specify | 11 | | the character
of the judgment that will be entered in such | 12 | | cause. Instead of posting 3 copies of the notice in 3 public | 13 | | places in the neighborhood of
the court where the cause is to | 14 | | be tried as required by Section 9-107, the sheriff shall cause | 15 | | the notice to be posted on the county website at least 10 days | 16 | | prior to the day set for the appearance. If the place of | 17 | | residence of the
defendant or unknown occupant is stated in | 18 | | any affidavit on file, the sheriff shall at the
same time
mail | 19 | | one copy of the notice addressed to such a defendant or unknown | 20 | | occupant at
the place of
residence shown in the affidavit. On | 21 | | or before the day set for the
appearance, the sheriff shall | 22 | | file the notice with an endorsement thereon
stating the time | 23 | | when and web address where the sheriff posted the notice and to | 24 | | whom and
at what address the sheriff mailed copies as required | 25 | | by this Section. For want
of sufficient notice, any cause may | 26 | | be continued from time to time until
the court has |
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| 1 | | jurisdiction of the defendant or unknown occupant. | 2 | | (d) This Section is repealed 2 years after the effective | 3 | | date of this amendatory Act of the 102nd General Assembly. ".
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