735 ILCS 5/2-206
Service by publication; affidavit; mailing; certificate
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(735 ILCS 5/2-206)
(from Ch. 110, par. 2-206)
Sec. 2-206. Service by publication; affidavit; mailing;
certificate. (a) Whenever, in any action affecting property or status within the
jurisdiction of the court, including an action to obtain the specific
performance, reformation, or rescission of a contract for the conveyance
of land, except for an action brought under Part 15 of Article XV of this Code that is subject to subsection (a-5), the plaintiff or his or her
attorney shall file, at the office of the clerk of the court in which
the action is pending, an affidavit showing that the defendant resides
or has gone out of 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 stating the place of residence of the defendant, if known, or that
upon diligent inquiry his or her place of residence cannot be ascertained, the
clerk shall cause publication to be made in some newspaper published in
the county in which the action is pending. If there is no newspaper
published in that county, then the publication shall be in a newspaper
published in an adjoining county in this State, having a circulation in
the county in which action is pending. The publication shall contain
notice of the pendency of the action, the title of the court, the title
of the case, showing the names of the first named plaintiff and the
first named defendant, the number of the case, the names of the parties
to be served by publication, and the date on or after which default may
be entered against such party. The clerk shall also, within 10 days of the
first publication of the notice, send a copy thereof by mail, addressed
to each defendant whose place of residence is stated in such affidavit.
The certificate of the clerk that he or she has sent the copy in pursuance of
this Section is evidence that he or she has done so.
(a-5) If, in any action brought under Part 15 of Article XV of this Code, the plaintiff, or his or her attorney, shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides outside of or has left 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 stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the plaintiff, or his or her attorney, shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party. It shall be the non-delegable duty of the plaintiff, or his or her attorney, within 10 days of the first publication of the notice, to send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the plaintiff, or his or her attorney, that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so. A copy of the certificate shall be filed at the office of the clerk of the court where the action is pending. (b) In any action brought by a unit of local government to cause the
demolition, repair, or enclosure of a dangerous and unsafe or uncompleted
or abandoned building, notice by publication under this Section may be
commenced during the time during which attempts are made to locate the
defendant for personal service. In that case, the unit of local government
shall file with the clerk an affidavit stating that the action meets the
requirements of this subsection and that all required attempts are being
made to locate the defendant. Upon the filing of the affidavit, the clerk
shall cause publication to be made under this Section. Upon completing the
attempts to locate the defendant required by this Section, the municipality
shall file with the clerk an affidavit meeting the requirements of
subsection (a). Service under this subsection shall not be deemed to have
been made until the affidavit is filed and service by publication in the
manner prescribed in subsection (a) is completed.
(Source: P.A. 101-539, eff. 1-1-20; 102-156, eff. 1-1-22; 102-558, eff. 8-20-21.)
Notes of Decisions
Cited in 51
cases (12 in the last 5 years), 1995–2026 · leading case: Deutsche Bank National Trust Company v. Brewer
Deutsche Bank National Trust Company v. Brewer (2012)
“¶ 18 Section 2-206 of the Code (735 ILCS 5/2-206 (West 2008)) allows a plaintiff to serve process on a defendant by publication, but it restricts this kind of service to limited cases and only when the plaintiff has strictly complied with the requirements for such service.”
Deephaven Mortgage LLC v. Jones (2020)
“¶4 On July 25, 2018, process server Mark Skrzydlak (Mark) filed an affidavit for service by publication pursuant to section 2-206 of the Code of Civil Procedure (Code) (735 ILCS 5/2-206 (West 2018)). In the affidavit, Mark averred that he had made “a diligent inquiry as to the…”
TCF National Bank v. Richards (2017)
“¶4 On January 8, 2014, plaintiff filed an affidavit for service by publication pursuant to section 2-206(a) of the Code of Civil Procedure (735 ILCS 5/2-206(a) (West 2012)). In the affidavit, counsel for plaintiff averred that she had made “a due and diligent inquiry to find…”
Bankunited v. Velcich (2015)
“¶2 Defendant raises two issues for our review: (1) whether the affidavits plaintiff relied upon to effectuate service of process upon him were based on the affiant’s personal knowledge and sufficiently set forth the particular actions taken to serve him to satisfy section 2-206…”
TCF National Bank v. Richards (2016)
“¶ 29 The circuit court of Cook County has also adopted a local rule that further expands on the requirement for the affidavit, particularly in mortgage foreclosure matters: “Pursuant to 735 ILCS 5/2-206 (a), due inquiry shall be made to find the defendant(s) prior to service of…”
Bankunited v. Velcich (2015)
“1-13-2070 ¶2 Defendant raises two issues for our review: (1) whether the affidavits plaintiff relied upon to effectuate service of process upon him were based on the affiant's personal knowledge and sufficiently set forth the particular actions taken to serve him to satisfy…”
Neighborhood Lending Services, Inc. v. Griffin (2018)
“2 ¶ 4 On September 2, 2014, plaintiff filed an affidavit for service by publication pursuant to section 2-206 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-206 (West 2012) ). As this document serves as the basis for defendant's appeal, we describe it, and the other…”
JPMorgan Chase Bank National Ass'n v. Ivanov (2014)
“Service by Publication ¶ 44 Defendant argues that the trial court did not obtain personal jurisdiction over defendant because the bank failed to meet the statutory requirements for service by publication under section 2-206 of the Code of Civil Procedure (735 ILCS 5/2-206 (West…”
People Ex Rel. Waller v. Harrison (2004)
“Nothing in the record suggests that the State was not diligent in attempting personal service.”
Concord Air, Inc. v. Malarz (2015)
“05 (West 2012)), and sections 2-206 and 2-202 of the Code (735 ILCS 5/2-206, 2-202 (West 2012)). ¶ 36 First, section 5.”
Citimortgage, Inc. v. Cotton (2012)
“Section 2-206 of the Code (735 ILCS 5/2-206 (West 2008)) sets forth the requirements for service by publication: -6- “Whenever, in any action affecting property or status within the jurisdiction of the court, including an action to obtain the specific performance, reformation,…”
Cathay Bank v. Accetturo (2016)
“735 ILCS 5/2-206 (West 2012); 735 ILCS 5/15-1502(c) (West 2012).”
— 735 ILCS 5/2-206(a) — 34 cases
Deutsche Bank National Trust Company v. Brewer (2012)
“¶ 18 Section 2-206 of the Code (735 ILCS 5/2-206 (West 2008)) allows a plaintiff to serve process on a defendant by publication, but it restricts this kind of service to limited cases and only when the plaintiff has strictly complied with the requirements for such service.”
TCF National Bank v. Richards (2017)
“¶4 On January 8, 2014, plaintiff filed an affidavit for service by publication pursuant to section 2-206(a) of the Code of Civil Procedure (735 ILCS 5/2-206(a) (West 2012)). In the affidavit, counsel for plaintiff averred that she had made “a due and diligent inquiry to find…”
Deephaven Mortgage LLC v. Jones (2020)
“¶4 On July 25, 2018, process server Mark Skrzydlak (Mark) filed an affidavit for service by publication pursuant to section 2-206 of the Code of Civil Procedure (Code) (735 ILCS 5/2-206 (West 2018)). In the affidavit, Mark averred that he had made “a diligent inquiry as to the…”
TCF National Bank v. Richards (2016)
“¶ 29 The circuit court of Cook County has also adopted a local rule that further expands on the requirement for the affidavit, particularly in mortgage foreclosure matters: “Pursuant to 735 ILCS 5/2-206 (a), due inquiry shall be made to find the defendant(s) prior to service of…”
Neighborhood Lending Services, Inc. v. Griffin (2018)
“2 ¶ 4 On September 2, 2014, plaintiff filed an affidavit for service by publication pursuant to section 2-206 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-206 (West 2012) ). As this document serves as the basis for defendant's appeal, we describe it, and the other…”
— 735 ILCS 5/2-206(b) — 1 case
City of Rockford v. Joudeh (2023)
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