Bill Text: IL HB4025 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Eviction Article of the Code of Civil Procedure. Provides that, in counties that have a website that the staff of the county maintains, if the plaintiff is unable to obtain personal service on the defendant, the sheriff shall cause the notice of the eviction action to be posted on the website of the county where the cause is to be tried at least 10 days before the day set for the appearance.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Engrossed - Dead) 2020-03-04 - Referred to Assignments [HB4025 Detail]

Download: Illinois-2019-HB4025-Engrossed.html

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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 9-107 as follows:
(735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
Sec. 9-107. Constructive service. If the plaintiff, his or
her agent, or attorney files an eviction action, with or
without joinder of a claim for rent in the complaint, and is
unable to obtain personal service on the defendant or unknown
occupant and a summons duly issued in such action is returned
without service stating that service can not be obtained, then
the plaintiff, his or her agent or attorney may file an
affidavit stating that the defendant or unknown occupant is not
a resident of this State, or has departed from 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
also stating the place of residence of the defendant or unknown
occupant, if known, or if not known, that upon diligent inquiry
the affiant has not been able to ascertain the defendant's or
unknown occupant's place of residence, then in all such
eviction cases whether or not a claim for rent is joined with
the complaint for possession, the defendant or unknown occupant

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may be notified by posting and mailing of notices; or by
publication and mailing, as provided for in Section 2-206 of
this Act. However, in cases where the defendant or unknown
occupant is notified by posting and mailing of notices or by
publication and mailing, and the defendant or unknown occupant
does not appear generally, the court may rule only on the
portion of the complaint which seeks an eviction order, and the
court shall not enter judgment as to any rent claim joined in
the complaint or enter personal judgment for any amount owed by
a unit owner for his or her proportionate share of the common
expenses, however, an in rem judgment may be entered against
the unit for the amount of common expenses due, any other
expenses lawfully agreed upon or the amount of any unpaid fine,
together with reasonable attorney fees, if any, and costs. The
claim for rent may remain pending until such time as the
defendant or unknown occupant appears generally or is served
with summons, but the eviction order shall be final,
enforceable and appealable if the court makes an express
written finding that there is no just reason for delaying
enforcement or appeal, as provided by Supreme Court rule of
this State.
Such notice shall be in the name of the clerk of the court,
be directed to the defendant or unknown occupant, shall state
the nature of the cause against the defendant or unknown
occupant and at whose instance issued and the time and place
for trial, and shall also state that unless the defendant or

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unknown occupant appears at the time and place fixed for trial,
judgment will be entered by default, and shall specify the
character of the judgment that will be entered in such cause.
The sheriff (i) shall post 3 copies of the notice in 3 public
places in the neighborhood of the court where the cause is to
be tried, at least 10 days prior to the day set for the
appearance or, in counties that have a website that the staff
of the county maintains, shall cause the notice to be posted on
the website of the county where the cause is to be tried at
least 10 days prior to the day set for the appearance, and,
(ii) if the place of residence of the defendant or unknown
occupant is stated in any affidavit on file, shall at the same
time mail one copy of the notice addressed to such defendant or
unknown occupant at such place of residence shown in such
affidavit. On or before the day set for the appearance, the
sheriff shall file the notice with an endorsement thereon
stating the time when and places where the sheriff posted and
to whom and at what address he or she mailed copies as required
by this Section. For want of sufficient notice any cause may be
continued from time to time until the court has jurisdiction of
the defendant or unknown occupant.
(Source: P.A. 100-173, eff. 1-1-18.)