Illinois Rules of Civil Procedure

Illinois rules for serving a summons and complaint are in the Code of Civil Procedure (735 ILCS 5), mainly sections 2-202 to 2-213, and in the Illinois Supreme Court Rules, mainly Rules 101 and 102. Who can serve without a court order is tied to licensing under the Private Detective Act of 2004 (225 ILCS 447).

Illinois doesn't have a process server license. Outside of the sheriff, you either need a private detective license (or to work for a licensed agency), or a court order appointing you as a special process server.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current statutes on the Illinois General Assembly website and the rules on the Illinois Courts website, or ask an attorney before relying on it.

Illinois process servers

• Become a process server in Illinois
• Hire a process server in Illinois

Quick facts: process serving in Illinois

• Who can serve: The sheriff, a licensed or registered private detective (or a registered employee of a licensed agency), or a person 18 or older who isn't a party and is appointed by the court (735 ILCS 5/2-202).
• Licensing: No process server license. Private detectives can serve in any county, including Cook County since January 1, 2025, without a court order. Everyone else needs a special appointment.
• Deadline to serve: A summons must be served within 30 days of its date (Ill. S. Ct. Rule 102(a)). The plaintiff can get an alias summons after that. A case can be dismissed if the plaintiff doesn't use reasonable diligence to get service (Rule 103(b)).
• Substituted service: Leave the summons at the person's home with a family member or resident who is 13 or older, explain what it is, and mail a copy (735 ILCS 5/2-203).
• Proof of service: A private server proves service by affidavit (735 ILCS 5/2-202).
• Time to respond: 30 days after service in most civil cases (Ill. S. Ct. Rule 101(d)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Illinois. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

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Do you need a license to serve process in Illinois?

Illinois doesn't license process servers as such. Under 735 ILCS 5/2-202, process can be served by:

• The sheriff, or the coroner if the sheriff is disqualified. Sheriffs in counties under 2 million people can use civilian staff to serve.
• Private detectives. A person licensed or registered as a private detective under the Private Detective Act of 2004, or a registered employee of a licensed private detective agency, can serve in any county without a court order.
• Special process servers. On motion, the court can appoint a private person over 18 who isn't a party, or a licensed private detective agency, to serve process in a case.

The 2025 Cook County change. Until 2025, private detectives couldn't serve in Cook County without a special appointment. Since January 1, 2025 (Public Acts 103-671 and 103-1057), they can. In Cook County, $5 of each service fee goes to the sheriff. The plaintiff pays it to the clerk at filing, and the detective deducts it from the bill.

Private detectives and agencies must send the sheriff of each county they serve in a copy of their license, one time only. Agencies must keep a list of their registered employees and give it to a sheriff within 5 business days of a request. Not sending the license doesn't make service invalid.

For a step-by-step guide, see Become a Process Server in Illinois.

How to serve a summons in Illinois

Personal service: 735 ILCS 5/2-203(a)(1)

The server leaves a copy of the summons with the defendant personally.

Abode service: 735 ILCS 5/2-203(a)(2)

The server leaves a copy at the defendant's usual place of abode with a family member or another person who lives there and is 13 or older, and tells that person what the summons is. The server must also mail a copy in a sealed, postage-paid envelope to the defendant at that address.

The affidavit must state the sex, race and approximate age of the person the summons was left with, and the place (a street address when possible), date and time of service (735 ILCS 5/2-203(b)). Courts require strict compliance for abode service, so leave nothing out.

Service by special order of court: 735 ILCS 5/2-203.1

If personal and abode service are impractical, the plaintiff can ask the court to order another method. The motion needs an affidavit describing the search for the defendant and the attempts to serve. The court can order service in any manner consistent with due process (735 ILCS 5/2-203.1).

Since April 2023, Supreme Court Rule 102 expressly allows the court to order service by email, text message or social media direct message when traditional service is impractical. The affidavit must show the defendant recently used that email address, phone number or account. A copy must also be mailed to the defendant's last known address, and proof of service filed (Illinois Supreme Court announcement).

Service outside Illinois: 735 ILCS 5/2-208

Anyone over 18 who isn't a party can serve a defendant outside Illinois the same way as in the state. No court order is needed. The server files an affidavit stating the time, manner and place of service. No default can be entered until at least 30 days after service (735 ILCS 5/2-208).

Service by publication: 735 ILCS 5/2-206

In certain cases, if the defendant can't be found after diligent inquiry, notice can be given by publication in a newspaper and mailing, based on an affidavit. See 735 ILCS 5/2-206 and What is service by publication?

Serving businesses and other entities

• Corporations (735 ILCS 5/2-204): Leave a copy with the registered agent, or with any officer or agent of the corporation found anywhere in Illinois. Registered agents are listed in the Illinois Secretary of State business entity search.
• Partnerships (735 ILCS 5/2-205): Leave a copy with any partner personally, or with any agent of the partnership found in Illinois.
• Unincorporated associations (735 ILCS 5/2-205.1): Leave a copy with any officer personally, or with an agent at the association's office.
• Government (735 ILCS 5/2-211): For a county, serve the chair of the county board or the county clerk. For a city, the mayor or city clerk. For a village, the board president or village clerk. For a town, the supervisor or town clerk. For other public bodies, the president, clerk or equivalent officer.

Serving a subpoena in Illinois

A trial subpoena can be served by certified or registered mail, restricted delivery, if it reaches the witness at least 7 days before they must appear. A check or money order for the witness fee and mileage must be enclosed. Proof is the return receipt plus an affidavit describing the mailing (Ill. S. Ct. Rule 237(a)). The witness fee for trial attendance is $20 a day plus 20 cents a mile each way (705 ILCS 35/4.3).

Proof of service

A sheriff endorses the return on the summons. A private detective or special process server proves service by affidavit (735 ILCS 5/2-202). For abode service, the affidavit must include the details listed above under 2-203(b). Anyone who knowingly puts a false statement in the affidavit can be held in civil contempt.

The server writes the date of service on the copy left with the defendant. Proof of service is filed right after service, and in any event by the deadlines in Rule 102(d). A late return doesn't make the service invalid (Ill. S. Ct. Rule 102).

Hire an Illinois process server

Find process servers across the state in the Illinois process server directory.

More Illinois resources

• Become a Process Server in Illinois
• Courts in Illinois
• 735 ILCS 5/2-202 (Illinois General Assembly)
• Illinois Supreme Court Rules (Illinois Courts)

This page is a general overview of Illinois law, not legal advice. Laws change. Check the current statutes and rules or talk to an attorney about your case.