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Full Text of SB2961  102nd General Assembly

SB2961 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2961

 

Introduced 12/15/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-206  from Ch. 110, par. 2-206

    Amends the Code of Civil Procedure. In the Section concerning service by publication, provides that it shall be the duty (rather than the non-delegable duty) of the plaintiff in a foreclosure actions to send a copy of a specified notice by mail, addressed to each defendant whose place of residence is stated.


LRB102 21207 LNS 30270 b

 

 

A BILL FOR

 

SB2961LRB102 21207 LNS 30270 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-206 as follows:
 
6    (735 ILCS 5/2-206)  (from Ch. 110, par. 2-206)
7    (Text of Section before amendment by P.A. 102-156)
8    Sec. 2-206. Service by publication; affidavit; mailing;
9certificate.
10    (a) Whenever, in any action affecting property or status
11within the jurisdiction of the court, including an action to
12obtain the specific performance, reformation, or rescission of
13a contract for the conveyance of land, except for an action
14brought under Part 15 of Article XV of this Code that is
15subject to subsection (a-5), the plaintiff or his or her
16attorney shall file, at the office of the clerk of the court in
17which the action is pending, an affidavit showing that the
18defendant resides or has gone out of this State, or on due
19inquiry cannot be found, or is concealed within this State, so
20that process cannot be served upon him or her, and stating the
21place of residence of the defendant, if known, or that upon
22diligent inquiry his or her place of residence cannot be
23ascertained, the clerk shall cause publication to be made in

 

 

SB2961- 2 -LRB102 21207 LNS 30270 b

1some newspaper published in the county in which the action is
2pending. If there is no newspaper published in that county,
3then the publication shall be in a newspaper published in an
4adjoining county in this State, having a circulation in the
5county in which action is pending. The publication shall
6contain notice of the pendency of the action, the title of the
7court, the title of the case, showing the names of the first
8named plaintiff and the first named defendant, the number of
9the case, the names of the parties to be served by publication,
10and the date on or after which default may be entered against
11such party. The clerk shall also, within 10 days of the first
12publication of the notice, send a copy thereof by mail,
13addressed to each defendant whose place of residence is stated
14in such affidavit. The certificate of the clerk that he or she
15has sent the copy in pursuance of this Section is evidence that
16he or she has done so.
17    (a-5) If, in any action brought under Part 15 of Article XV
18of this Code, the plaintiff, or his or her attorney, shall
19file, at the office of the clerk of the court in which the
20action is pending, an affidavit showing that the defendant
21resides outside of or has left this State, or on due inquiry
22cannot be found, or is concealed within this State so that
23process cannot be served upon him or her, and stating the place
24of residence of the defendant, if known, or that upon diligent
25inquiry his or her place of residence cannot be ascertained,
26the plaintiff, or his or her representative, shall cause

 

 

SB2961- 3 -LRB102 21207 LNS 30270 b

1publication to be made in some newspaper published in the
2county in which the action is pending. If there is no newspaper
3published in that county, then the publication shall be in a
4newspaper published in an adjoining county in this State,
5having a circulation in the county in which action is pending.
6The publication shall contain notice of the pendency of the
7action, the title of the court, the title of the case, showing
8the names of the first named plaintiff and the first named
9defendant, the number of the case, the names of the parties to
10be served by publication, and the date on or after which
11default may be entered against such party. It shall be the
12non-delegable duty of the clerk of the court, within 10 days of
13the first publication of the notice, to send a copy thereof by
14mail, addressed to each defendant whose place of residence is
15stated in such affidavit. The certificate of the clerk of the
16court that he or she has sent the copy in pursuance of this
17Section is evidence that he or she has done so.
18    (b) In any action brought by a unit of local government to
19cause the demolition, repair, or enclosure of a dangerous and
20unsafe or uncompleted or abandoned building, notice by
21publication under this Section may be commenced during the
22time during which attempts are made to locate the defendant
23for personal service. In that case, the unit of local
24government shall file with the clerk an affidavit stating that
25the action meets the requirements of this subsection and that
26all required attempts are being made to locate the defendant.

 

 

SB2961- 4 -LRB102 21207 LNS 30270 b

1Upon the filing of the affidavit, the clerk shall cause
2publication to be made under this Section. Upon completing the
3attempts to locate the defendant required by this Section, the
4municipality shall file with the clerk an affidavit meeting
5the requirements of subsection (a). Service under this
6subsection shall not be deemed to have been made until the
7affidavit is filed and service by publication in the manner
8prescribed in subsection (a) is completed.
9(Source: P.A. 101-539, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
10    (Text of Section after amendment by P.A. 102-156)
11    Sec. 2-206. Service by publication; affidavit; mailing;
12certificate.
13    (a) Whenever, in any action affecting property or status
14within the jurisdiction of the court, including an action to
15obtain the specific performance, reformation, or rescission of
16a contract for the conveyance of land, except for an action
17brought under Part 15 of Article XV of this Code that is
18subject to subsection (a-5), the plaintiff or his or her
19attorney shall file, at the office of the clerk of the court in
20which the action is pending, an affidavit showing that the
21defendant resides or has gone out of this State, or on due
22inquiry cannot be found, or is concealed within this State, so
23that process cannot be served upon him or her, and stating the
24place of residence of the defendant, if known, or that upon
25diligent inquiry his or her place of residence cannot be

 

 

SB2961- 5 -LRB102 21207 LNS 30270 b

1ascertained, the clerk shall cause publication to be made in
2some newspaper published in the county in which the action is
3pending. If there is no newspaper published in that county,
4then the publication shall be in a newspaper published in an
5adjoining county in this State, having a circulation in the
6county in which action is pending. The publication shall
7contain notice of the pendency of the action, the title of the
8court, the title of the case, showing the names of the first
9named plaintiff and the first named defendant, the number of
10the case, the names of the parties to be served by publication,
11and the date on or after which default may be entered against
12such party. The clerk shall also, within 10 days of the first
13publication of the notice, send a copy thereof by mail,
14addressed to each defendant whose place of residence is stated
15in such affidavit. The certificate of the clerk that he or she
16has sent the copy in pursuance of this Section is evidence that
17he or she has done so.
18    (a-5) If, in any action brought under Part 15 of Article XV
19of this Code, the plaintiff, or his or her attorney, shall
20file, at the office of the clerk of the court in which the
21action is pending, an affidavit showing that the defendant
22resides outside of or has left this State, or on due inquiry
23cannot be found, or is concealed within this State so that
24process cannot be served upon him or her, and stating the place
25of residence of the defendant, if known, or that upon diligent
26inquiry his or her place of residence cannot be ascertained,

 

 

SB2961- 6 -LRB102 21207 LNS 30270 b

1the plaintiff, or his or her attorney, shall cause publication
2to be made in some newspaper published in the county in which
3the action is pending. If there is no newspaper published in
4that county, then the publication shall be in a newspaper
5published in an adjoining county in this State, having a
6circulation in the county in which action is pending. The
7publication shall contain notice of the pendency of the
8action, the title of the court, the title of the case, showing
9the names of the first named plaintiff and the first named
10defendant, the number of the case, the names of the parties to
11be served by publication, and the date on or after which
12default may be entered against such party. It shall be the
13non-delegable duty of the plaintiff, or his or her attorney,
14within 10 days of the first publication of the notice, to send
15a copy thereof by mail, addressed to each defendant whose
16place of residence is stated in such affidavit. The
17certificate of the plaintiff, or his or her attorney, that he
18or she has sent the copy in pursuance of this Section is
19evidence that he or she has done so. A copy of the certificate
20shall be filed at the office of the clerk of the court where
21the action is pending.
22    (b) In any action brought by a unit of local government to
23cause the demolition, repair, or enclosure of a dangerous and
24unsafe or uncompleted or abandoned building, notice by
25publication under this Section may be commenced during the
26time during which attempts are made to locate the defendant

 

 

SB2961- 7 -LRB102 21207 LNS 30270 b

1for personal service. In that case, the unit of local
2government shall file with the clerk an affidavit stating that
3the action meets the requirements of this subsection and that
4all required attempts are being made to locate the defendant.
5Upon the filing of the affidavit, the clerk shall cause
6publication to be made under this Section. Upon completing the
7attempts to locate the defendant required by this Section, the
8municipality shall file with the clerk an affidavit meeting
9the requirements of subsection (a). Service under this
10subsection shall not be deemed to have been made until the
11affidavit is filed and service by publication in the manner
12prescribed in subsection (a) is completed.
13(Source: P.A. 101-539, eff. 1-1-20; 102-156, eff. 1-1-22;
14102-558, eff. 8-20-21.)
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.