ILCS » Chapter 735 · Act 5
Illinois Compiled Statutes

735 ILCS 5/2-413 (2026)

Unknown parties

✓ current as of May 2026
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(735 ILCS 5/2-413) (from Ch. 110, par. 2-413)
    Sec. 2-413. Unknown parties. If in any action there are persons interested therein whose names are unknown, it shall be lawful to make them parties to the action by the name and description of unknown owners, or unknown heirs or legatees of any deceased person, who may have been interested in the subject matter of the action previous to his or her death; but an affidavit shall be filed by the party desiring to make those persons parties stating that their names are unknown. Process may then issue and publication may be had against those persons by the name and description so given, and judgments entered in respect to them shall be of the same effect as though they had been designated by their proper names. If there has been a person who may have been interested in the action, and upon diligent inquiry it cannot be ascertained whether the person is living or dead, it shall be lawful to make those persons who would be his or her heirs and legatees parties defendant as unknown owners, the same as if he or she were known to be dead, but in all those cases an affidavit shall be filed by the party desiring to make any unknown persons who would be the heirs or legatees of the person not known to be living or dead parties, stating that upon due and diligent inquiry it cannot be ascertained whether or not the person is living or dead and further stating that the names of the persons who would be his or her heirs or legatees are unknown. Process may then issue and publication may be had against all parties by the name and description of unknown owners, and judgments entered in respect to the unknown parties shall be of the same effect as though they had been designated by their proper names. Only one affidavit is necessary under the provisions of this section for the purpose of making persons described herein parties to the action.
(Source: P.A. 83-707.)

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1996–2025 · leading case: O'BANNER v. McDonald's Corp., 670 N.E.2d 632 (Ill. 1996).
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O'BANNER v. McDonald's Corp., 670 N.E.2d 632 (Ill. 1996). · cites it 2× “Justice HARRISON delivered the opinion of the court: Reginald O'Banner brought an action in the circuit court of Cook County to recover damages for personal injuries he allegedly sustained when he slipped and fell in the bathroom of a McDonald's restaurant.”
Ebulon Fin. Grp., LLC v. Politanska, 2025 IL App (1st) 240948 (Ill. App. Ct. 2025). “735 ILCS 5/2-413 (West 2022). At least one court has found that the affidavit requirement does not apply to proceedings under the Act, as the Act does not contain a statutory requirement that a plaintiff make any effort to ascertain the identity of an occupant to properly serve…”
Env't Cmty. Dev. Co. Inc. v. Pavlov, 2023 IL App (2d) 210768-U (Ill. App. Ct. 2023). · cites it 2× “Specifically, the court held that an unknown tenant in possession is an “unknown owner” under section 15-1501(c) of the Foreclosure Law (735 ILCS -7- 2023 IL App (2d) 210768-U 5/15-1501(c) (West 1992)) and, thus, may be a joined as a party to a foreclosure action, under the…”
Norwest Mortg., Inc. v. Ozuna (Ill. App. Ct. 1998). · cites it 3× “According to contemnor, the circuit court lacked in personam jurisdiction over those defendants generically described within the orders for possession as "unknown occupants" where the record on appeal failed to establish that plaintiffs had complied with the provisions of…”
Regions Bank v. MMIL Ent., LLC (C.D. Ill. 2019). “See 735 ILCS 5/2-206 (providing for service by publication); 735 ILCS 5/15-1502(c)(2) (requiring, for termination of the rights of non-record claimants, an affidavit and notice to non-record claimants); see also 735 ILCS 5/2-413 (providing for service of unknown parties by…”
Regions Bank v. Rooney (C.D. Ill. 2019). “See 735 ILCS 5/2-206 (providing for service by publication); 735 ILCS 5/15-1502(c)(2) (requiring, for termination of the rights of non-record claimants, an affidavit and notice to non-record claimants); see also 735 ILCS 5/2-413 (providing for service of unknown parties by…”
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