Illinois Compiled Statutes
735 ILCS 5/9-107 (2026)
Constructive service
✓ current as of May 2026
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(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 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 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 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, and, 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.)
Notes of Decisions
Cited in 16
cases (8 in the last 5 years), 1998–2025 · leading case: Corlis v. Edelberg, 2018 IL App (1st) 170049 (Ill. App. Ct. 2018).
Corlis v. Edelberg, 2018 IL App (1st) 170049 (Ill. App. Ct. 2018). “A cursory review of the statute reveals that section 9-107 of the Act is specific to constructive service of process in eviction actions (see 735 ILCS 5/9-107 (West 2016) ), while section 2-203.”
Corlis v. Edelberg, 2018 IL App (1st) 170049 (Ill. App. Ct. 2019). “A cursory review of the statute reveals that section 9-107 of the Act is specific to constructive service of process in eviction actions (see 735 ILCS 5/9-107 (West 2016)), while section 2-203.”
Ebulon Fin. Grp., LLC v. Politanska, 2025 IL App (1st) 240948 (Ill. App. Ct. 2025). “See 735 ILCS 5/9-107, 9-107.5 (West 2022) 9 We note that the circuit court suggested that plaintiff’s counsel inserted Kinga’s name into the eviction order without the court’s knowledge.”
Springfield Coal Co., LLC v. Illinois Workers' Comp. Comm'n, 2016 IL App (4th) 150564WC (Ill. App. Ct. 2017). “, whether the plaintiff conducted an adequate investigation into the defendant’s whereabouts, thereby entitling it to forego personal service and rely on constructive service by posting pursuant to section 9-107 of the Forcible Entry and Detainer Act (735 ILCS 5/9-107 (West…”
Ortiz v. Tinsley, 2023 IL App (1st) 220198-U (Ill. App. Ct. 2023). “¶ 42 Section 9-107 of the Forcible Entry and Detainer Act (Act) (735 ILCS 5/9-107 (West 2018)) governs constructive service of process in eviction actions.”
Wells Fargo Bank, N.A. v. Lee, 2021 IL App (1st) 190560-U (Ill. App. Ct. 2021). “735 ILCS 5/9-107 (West 2018) 4. Constructive service is only permitted when plaintiff strictly complies with the statute’s requirements of presenting an affidavit stating that it has made both a diligent inquiry in ascertaining defendant’s residence and a due inquiry in…”
Butler v. Hodge, 2025 IL App (3d) 240067-U (Ill. App. Ct. 2025). “See 735 ILCS 5/9-107 (West 2022). For constructive service to be allowed, a plaintiff must first file an affidavit stating the reason that personal service cannot be obtained upon defendant consistent with the reasons for nonservice provided in the statute.”
Kandu v. Easton, 2025 IL App (1st) 241640-U (Ill. App. Ct. 2025). “735 ILCS 5/9-107 (West 2022). The Eastons argue that the circuit court failed to conduct due inquiry sufficient to warrant constructive service by posting and that, since constructive service by posting was improperly permitted, they were never properly served and the default…”
Equity Residential Props. Mgmt. v. Nasolo (Ill. App. Ct. 2006). “735 ILCS 5/9-107 (West 2004). Nasolo also argues there was a fact dispute entitling her to an evidentiary hearing as to whether constructive service was justified.”
Marian Realty, Inc. v. Qadree Woodland, 2024 IL App (1st) 232371-U (Ill. App. Ct. 2024). “¶ 13 On September 21, 2023, defendant filed a pro se motion to dismiss for lack of personal jurisdiction pursuant to section 2-301 of the Code, contending that plaintiff had failed to establish that he was concealed within the state, as required for service by posting under…”
Springfield Coal Co., LLC v. Illinois Workers' Comp. Comm'n, 2016 IL App (1st) 150564WC (Ill. App. Ct. 2016). “, whether the plaintiff conducted an adequate investigation into the defendant’s whereabouts, thereby entitling it to forego personal service and rely on constructive service by posting pursuant to section 9-107 of the Forcible Entry and Detainer Act (735 ILCS 5/9-107 (West…”
Tamerlane Homeowner's Ass'n v. Schwelnus, 2019 IL App (1st) 190708-U (Ill. App. Ct. 2019). “) 735 ILCS 5/9-107 (West 2016). We will review the trial judge's ruling de novo.”
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