Full Text of HB4025 101st General Assembly
HB4025eng 101ST GENERAL ASSEMBLY |
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| 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 9-107 as follows:
| 6 | | (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
| 7 | | Sec. 9-107. Constructive service. If the plaintiff, his or | 8 | | her agent,
or attorney files an eviction action, with or | 9 | | without joinder of a claim for rent in the
complaint, and is | 10 | | unable to obtain personal service on the
defendant or unknown | 11 | | occupant and a summons duly issued in such action is returned
| 12 | | without service stating that service can not be obtained, then | 13 | | the
plaintiff, his or her agent or attorney may file an | 14 | | affidavit stating that the
defendant or unknown occupant is not | 15 | | a resident of this State, or has departed from this
State, or | 16 | | on due inquiry cannot be found, or is concealed within this
| 17 | | State so that process cannot be served upon him or her, and | 18 | | also stating the
place of residence of the defendant or unknown | 19 | | occupant, if known, or if
not known, that
upon diligent inquiry | 20 | | the affiant has not been able to ascertain the
defendant's or | 21 | | unknown occupant's place of residence, then in all such | 22 | | eviction
cases
whether or not a claim for rent is joined with | 23 | | the complaint for
possession, the defendant or unknown occupant |
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| 1 | | may be notified by posting
and mailing of
notices; or by | 2 | | publication and mailing, as provided for in
Section 2-206 of | 3 | | this Act. However, in cases where the defendant or unknown
| 4 | | occupant is notified by
posting and mailing of notices or by | 5 | | publication and mailing, and the
defendant or unknown occupant | 6 | | does not appear generally, the court may rule
only on the
| 7 | | portion of the complaint which seeks an eviction order, and the
| 8 | | court shall not enter judgment as to any rent claim joined in | 9 | | the
complaint or enter personal judgment for any amount owed by | 10 | | a unit owner
for his or her proportionate share of the common | 11 | | expenses, however, an in
rem judgment may be entered against | 12 | | the unit for the amount of common expenses
due, any other | 13 | | expenses lawfully agreed upon or the amount of any unpaid
fine, | 14 | | together with reasonable attorney fees, if any, and costs. The | 15 | | claim
for rent may remain pending until such time as the
| 16 | | defendant or unknown occupant appears generally or is served | 17 | | with summons, but the eviction order shall be final, | 18 | | enforceable and appealable if the court makes
an express | 19 | | written finding that there is no just reason for delaying
| 20 | | enforcement or appeal, as provided by Supreme Court rule of | 21 | | this State.
| 22 | | Such notice shall be in the name of the clerk of the court, | 23 | | be
directed to the defendant or unknown occupant, shall state | 24 | | the nature of the cause against
the defendant or unknown | 25 | | occupant and at whose instance issued and the time and place | 26 | | for
trial, and shall also state that unless the defendant or |
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| 1 | | unknown occupant appears at the
time and place fixed for trial, | 2 | | judgment will be entered by default, and
shall specify the | 3 | | character
of the judgment that will be entered in such cause. | 4 | | The sheriff (i) shall post 3 copies of the notice in 3 public | 5 | | places in the neighborhood of
the court where the cause is to | 6 | | be tried, at least 10 days prior to the
day set for the | 7 | | appearance or, in counties that have a website that the staff | 8 | | of the county maintains, shall cause the notice to be posted on | 9 | | the website of the county where the cause is to be tried at | 10 | | least 10 days prior to the day set for the appearance , and, | 11 | | (ii) if the place of residence of the
defendant or unknown | 12 | | occupant is stated in any affidavit on file, shall at the
same | 13 | | time
mail one copy of the notice addressed to such defendant or | 14 | | unknown occupant at
such place of
residence shown in such | 15 | | affidavit. On or before the day set for the
appearance, the | 16 | | sheriff shall file the notice with an endorsement thereon
| 17 | | stating the time when and places where the sheriff posted and | 18 | | to whom and
at what address he or she mailed copies as required | 19 | | by this Section. For want
of sufficient notice any cause may be | 20 | | continued from time to time until
the court has jurisdiction of | 21 | | the defendant or unknown occupant.
| 22 | | (Source: P.A. 100-173, eff. 1-1-18 .)
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