Full Text of SB2961 102nd General Assembly
SB2961 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2961 Introduced 12/15/2021, 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. In the Section concerning service by publication, provides that it shall be the duty (rather than the non-delegable duty) of the plaintiff in a foreclosure actions to send a copy of a specified notice by mail, addressed to each defendant whose place of residence is stated.
|
| |
| | A BILL FOR |
|
| | | SB2961 | | LRB102 21207 LNS 30270 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-206 as follows:
| 6 | | (735 ILCS 5/2-206) (from Ch. 110, par. 2-206)
| 7 | | (Text of Section before amendment by P.A. 102-156 )
| 8 | | Sec. 2-206. Service by publication; affidavit; mailing;
| 9 | | certificate. | 10 | | (a) Whenever, in any action affecting property or status | 11 | | within the
jurisdiction of the court, including an action to | 12 | | obtain the specific
performance, reformation, or rescission of | 13 | | a contract for the conveyance
of land, except for an action | 14 | | brought under Part 15 of Article XV of this Code that is | 15 | | subject to subsection (a-5), the plaintiff or his or her
| 16 | | attorney shall file, at the office of the clerk of the court in | 17 | | which
the action is pending, an affidavit showing that the | 18 | | defendant resides
or has gone out of this State, or on due | 19 | | inquiry cannot be found, or is
concealed within this State, so | 20 | | that process cannot be served upon him or her,
and stating the | 21 | | place of residence of the defendant, if known, or that
upon | 22 | | diligent inquiry his or her place of residence cannot be | 23 | | ascertained, the
clerk shall cause publication to be made in |
| | | SB2961 | - 2 - | LRB102 21207 LNS 30270 b |
|
| 1 | | some newspaper published in
the county in which the action is | 2 | | pending. If there is no newspaper
published in that county, | 3 | | then the publication shall be in a newspaper
published in an | 4 | | adjoining county in this State, having a circulation in
the | 5 | | county in which action is pending. The publication shall | 6 | | contain
notice of the pendency of the action, the title of the | 7 | | court, the title
of the case, showing the names of the first | 8 | | named plaintiff and the
first named defendant, the number of | 9 | | the case, the names of the parties
to be served by publication, | 10 | | and the date on or after which default may
be entered against | 11 | | such party. The clerk shall also, within 10 days of the
first | 12 | | publication of the notice, send a copy thereof by mail, | 13 | | addressed
to each defendant whose place of residence is stated | 14 | | in such affidavit.
The certificate of the clerk that he or she | 15 | | has sent the copy in pursuance of
this Section is evidence that | 16 | | he or she has done so.
| 17 | | (a-5) If, in any action brought under Part 15 of Article XV | 18 | | of this Code, the plaintiff, or his or her attorney, shall | 19 | | file, at the office of the clerk of the court in which the | 20 | | action is pending, an affidavit showing that the defendant | 21 | | resides outside of or has left this State, or on due inquiry | 22 | | cannot be found, or is concealed within this State so that | 23 | | process cannot be served upon him or her, and stating the place | 24 | | of residence of the defendant, if known, or that upon diligent | 25 | | inquiry his or her place of residence cannot be ascertained, | 26 | | the plaintiff, or his or her representative, shall cause |
| | | SB2961 | - 3 - | LRB102 21207 LNS 30270 b |
|
| 1 | | publication to be made in some newspaper published in the | 2 | | county in which the action is pending. If there is no newspaper | 3 | | published in that county, then the publication shall be in a | 4 | | newspaper published in an adjoining county in this State, | 5 | | having a circulation in the county in which action is pending. | 6 | | The publication shall contain notice of the pendency of the | 7 | | action, the title of the court, the title of the case, showing | 8 | | the names of the first named plaintiff and the first named | 9 | | defendant, the number of the case, the names of the parties to | 10 | | be served by publication, and the date on or after which | 11 | | default may be entered against such party. It shall be the | 12 | | non-delegable duty of the clerk of the court, within 10 days of | 13 | | the first publication of the notice, to send a copy thereof by | 14 | | mail, addressed to each defendant whose place of residence is | 15 | | stated in such affidavit. The certificate of the clerk of the | 16 | | court that he or she has sent the copy in pursuance of this | 17 | | Section is evidence that he or she has done so. | 18 | | (b) In any action brought by a unit of local government to | 19 | | cause the
demolition, repair, or enclosure of a dangerous and | 20 | | unsafe or uncompleted
or abandoned building, notice by | 21 | | publication under this Section may be
commenced during the | 22 | | time during which attempts are made to locate the
defendant | 23 | | for personal service. In that case, the unit of local | 24 | | government
shall file with the clerk an affidavit stating that | 25 | | the action meets the
requirements of this subsection and that | 26 | | all required attempts are being
made to locate the defendant. |
| | | SB2961 | - 4 - | LRB102 21207 LNS 30270 b |
|
| 1 | | Upon the filing of the affidavit, the clerk
shall cause | 2 | | publication to be made under this Section. Upon completing the
| 3 | | attempts to locate the defendant required by this Section, the | 4 | | municipality
shall file with the clerk an affidavit meeting | 5 | | the requirements of
subsection (a). Service under this | 6 | | subsection shall not be deemed to have
been made until the | 7 | | affidavit is filed and service by publication in the
manner | 8 | | prescribed in subsection (a) is completed.
| 9 | | (Source: P.A. 101-539, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 10 | | (Text of Section after amendment by P.A. 102-156 ) | 11 | | Sec. 2-206. Service by publication; affidavit; mailing;
| 12 | | certificate. | 13 | | (a) Whenever, in any action affecting property or status | 14 | | within the
jurisdiction of the court, including an action to | 15 | | obtain the specific
performance, reformation, or rescission of | 16 | | a contract for the conveyance
of land, except for an action | 17 | | brought under Part 15 of Article XV of this Code that is | 18 | | subject to subsection (a-5), the plaintiff or his or her
| 19 | | attorney shall file, at the office of the clerk of the court in | 20 | | which
the action is pending, an affidavit showing that the | 21 | | defendant resides
or has gone out of this State, or on due | 22 | | inquiry cannot be found, or is
concealed within this State, so | 23 | | that process cannot be served upon him or her,
and stating the | 24 | | place of residence of the defendant, if known, or that
upon | 25 | | diligent inquiry his or her place of residence cannot be |
| | | SB2961 | - 5 - | LRB102 21207 LNS 30270 b |
|
| 1 | | ascertained, the
clerk shall cause publication to be made in | 2 | | some newspaper published in
the county in which the action is | 3 | | pending. If there is no newspaper
published in that county, | 4 | | then the publication shall be in a newspaper
published in an | 5 | | adjoining county in this State, having a circulation in
the | 6 | | county in which action is pending. The publication shall | 7 | | contain
notice of the pendency of the action, the title of the | 8 | | court, the title
of the case, showing the names of the first | 9 | | named plaintiff and the
first named defendant, the number of | 10 | | the case, the names of the parties
to be served by publication, | 11 | | and the date on or after which default may
be entered against | 12 | | such party. The clerk shall also, within 10 days of the
first | 13 | | publication of the notice, send a copy thereof by mail, | 14 | | addressed
to each defendant whose place of residence is stated | 15 | | in such affidavit.
The certificate of the clerk that he or she | 16 | | has sent the copy in pursuance of
this Section is evidence that | 17 | | he or she has done so.
| 18 | | (a-5) If, in any action brought under Part 15 of Article XV | 19 | | of this Code, the plaintiff, or his or her attorney, shall | 20 | | file, at the office of the clerk of the court in which the | 21 | | action is pending, an affidavit showing that the defendant | 22 | | resides outside of or has left this State, or on due inquiry | 23 | | cannot be found, or is concealed within this State so that | 24 | | process cannot be served upon him or her, and stating the place | 25 | | of residence of the defendant, if known, or that upon diligent | 26 | | inquiry his or her place of residence cannot be ascertained, |
| | | SB2961 | - 6 - | LRB102 21207 LNS 30270 b |
|
| 1 | | the plaintiff, or his or her attorney, shall cause publication | 2 | | to be made in some newspaper published in the county in which | 3 | | the action is pending. If there is no newspaper published in | 4 | | that county, then the publication shall be in a newspaper | 5 | | published in an adjoining county in this State, having a | 6 | | circulation in the county in which action is pending. The | 7 | | publication shall contain notice of the pendency of the | 8 | | action, the title of the court, the title of the case, showing | 9 | | the names of the first named plaintiff and the first named | 10 | | defendant, the number of the case, the names of the parties to | 11 | | be served by publication, and the date on or after which | 12 | | default may be entered against such party. It shall be the | 13 | | non-delegable duty of the plaintiff, or his or her attorney, | 14 | | within 10 days of the first publication of the notice, to send | 15 | | a copy thereof by mail, addressed to each defendant whose | 16 | | place of residence is stated in such affidavit. The | 17 | | certificate of the plaintiff, or his or her attorney, that he | 18 | | or she has sent the copy in pursuance of this Section is | 19 | | evidence that he or she has done so. A copy of the certificate | 20 | | shall be filed at the office of the clerk of the court where | 21 | | the action is pending. | 22 | | (b) In any action brought by a unit of local government to | 23 | | cause the
demolition, repair, or enclosure of a dangerous and | 24 | | unsafe or uncompleted
or abandoned building, notice by | 25 | | publication under this Section may be
commenced during the | 26 | | time during which attempts are made to locate the
defendant |
| | | SB2961 | - 7 - | LRB102 21207 LNS 30270 b |
|
| 1 | | for personal service. In that case, the unit of local | 2 | | government
shall file with the clerk an affidavit stating that | 3 | | the action meets the
requirements of this subsection and that | 4 | | all required attempts are being
made to locate the defendant. | 5 | | Upon the filing of the affidavit, the clerk
shall cause | 6 | | publication to be made under this Section. Upon completing the
| 7 | | attempts to locate the defendant required by this Section, the | 8 | | municipality
shall file with the clerk an affidavit meeting | 9 | | the requirements of
subsection (a). Service under this | 10 | | subsection shall not be deemed to have
been made until the | 11 | | affidavit is filed and service by publication in the
manner | 12 | | prescribed in subsection (a) is completed.
| 13 | | (Source: P.A. 101-539, eff. 1-1-20; 102-156, eff. 1-1-22; | 14 | | 102-558, eff. 8-20-21.)
| 15 | | Section 95. No acceleration or delay. Where this Act makes | 16 | | changes in a statute that is represented in this Act by text | 17 | | that is not yet or no longer in effect (for example, a Section | 18 | | represented by multiple versions), the use of that text does | 19 | | not accelerate or delay the taking effect of (i) the changes | 20 | | made by this Act or (ii) provisions derived from any other | 21 | | Public Act.
|
|