Illinois Compiled Statutes
735 ILCS 5/2-208 (2026)
Personal service outside State
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(735 ILCS 5/2-208)
(from Ch. 110, par. 2-208)
Sec. 2-208.
Personal service outside State.
(a) Personal service of
summons may be made upon any party outside the State. If upon a citizen
or resident of this State or upon a person who has submitted to the
jurisdiction of the courts of this State, it shall have the force and
effect of personal service of summons within this State; otherwise it
shall have the force and effect of service by publication.
(b) The service of summons shall be made in like manner as service
within this State, by any person over 18 years of age not a party to the
action. No order of court is required. An affidavit of the server shall
be filed stating the time, manner and place of service. The court may
consider the affidavit, or any other competent proofs, in determining
whether service has been properly made.
(c) No default shall be entered until the expiration of at least 30
days after service. A default judgment entered on such service may be
set aside only on a showing which would be timely and sufficient to set
aside a default judgment entered on personal service within this State.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2015–2023 · leading case: Statia v. Orlet, 2023 IL App (5th) 220731, 230 N.E.3d 139.
Statia v. Orlet, 2023 IL App (5th) 220731, 230 N.E.3d 139. “735 ILCS 5/2-208(b) (West 2020). Here, Treacy engaged in personal service—not abode service—by leaving a copy of the summons with Orlet.”
Countrywide Home Loans Servicing, LP v. Clark, 2015 IL App (1st) 133149, 40 N.E.3d 829. “Personal service outside Illinois is governed by section 2-208 of the Illinois Code of Civil Procedure (735 ILCS 5/2-208 (West 2008)), which provides: "The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a…”
735 ILCS 5/2-208(b): 2 cases
Statia v. Orlet, 2023 IL App (5th) 220731, 230 N.E.3d 139. “735 ILCS 5/2-208(b) (West 2020). Here, Treacy engaged in personal service—not abode service—by leaving a copy of the summons with Orlet.”
Countrywide Home Loans Servicing, LP v. Clark, 2015 IL App (1st) 133149, 40 N.E.3d 829. “Personal service outside Illinois is governed by section 2-208 of the Illinois Code of Civil Procedure (735 ILCS 5/2-208 (West 2008)), which provides: "The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a…”
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