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1 | AMENDMENT TO SENATE BILL 1724
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2 | AMENDMENT NO. ______. Amend Senate Bill 1724 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
5 | adding Section 2-214 as follows: | ||||||
6 | (735 ILCS 5/2-214 new) | ||||||
7 | Sec. 2-214. Service of process on parties that use a post | ||||||
8 | office box. | ||||||
9 | (a) If a person, corporation, or agent or officer of a | ||||||
10 | corporation uses a post office box as a principal mailing | ||||||
11 | address, the court may enter an order allowing service of | ||||||
12 | process by having a person authorized to serve process under | ||||||
13 | Section 2-202 of this Code mail a copy of the process via both | ||||||
14 | regular and certified mail. | ||||||
15 | (b) Before an order may be entered allowing service of | ||||||
16 | process in the manner provided under this Section: |
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1 | (1) a petition asking for leave to serve process as | ||||||
2 | provided in this Section shall be filed, and shall have | ||||||
3 | attached to it an affidavit, executed by the person | ||||||
4 | authorized to serve process, confirming that (i) the | ||||||
5 | person, corporation, or agent or officer of the corporation | ||||||
6 | uses a post office box as a principal mailing address; and | ||||||
7 | (ii) the person serving the process has been unable to | ||||||
8 | serve process by other means; and | ||||||
9 | (2) the court shall consider whether service as | ||||||
10 | provided in this Section will result in substantial justice | ||||||
11 | to the parties, taking into account the following: | ||||||
12 | (A) evidence of a fraudulent business address of | ||||||
13 | the party to be served; | ||||||
14 | (B) repeated unsuccessful attempts to locate the | ||||||
15 | party to be served; | ||||||
16 | (C) repeated unsuccessful attempts to accomplish | ||||||
17 | service of process; | ||||||
18 | (D) the nature of the case; and | ||||||
19 | (E) any other factor the court deems relevant. ".
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