Full Text of SB1678 102nd General Assembly
SB1678 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1678 Introduced 2/26/2021, by Sen. Adriane Johnson SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/9-107 | from Ch. 110, par. 9-107 |
|
Amends the Eviction Article of the Code of Civil Procedure. Provides that, in counties that have a website that the staff of the county maintains, if the plaintiff is unable to obtain personal service on the defendant, the sheriff shall cause the notice of the eviction action to be posted on the website of the county where the cause is to be tried at least 10 days before the day set for the appearance.
|
| |
| | A BILL FOR |
|
| | | SB1678 | | LRB102 14917 LNS 20272 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 9-107 as follows:
| 6 | | (735 ILCS 5/9-107) (from Ch. 110, par. 9-107)
| 7 | | Sec. 9-107. Constructive service. If the plaintiff, his or | 8 | | her agent,
or attorney files an eviction action, with or | 9 | | without joinder of a claim for rent in the
complaint, and is | 10 | | unable to obtain personal service on the
defendant or unknown | 11 | | occupant and a summons duly issued in such action is returned
| 12 | | without service stating that service can not be obtained, then | 13 | | the
plaintiff, his or her agent or attorney may file an | 14 | | affidavit stating that the
defendant or unknown occupant is | 15 | | not a resident of this State, or has departed from this
State, | 16 | | or on due inquiry cannot be found, or is concealed within this
| 17 | | State so that process cannot be served upon him or her, and | 18 | | also stating the
place of residence of the defendant or | 19 | | unknown occupant, if known, or if
not known, that
upon | 20 | | diligent inquiry the affiant has not been able to ascertain | 21 | | the
defendant's or unknown occupant's place of residence, then | 22 | | in all such eviction
cases
whether or not a claim for rent is | 23 | | joined with the complaint for
possession, the defendant or |
| | | SB1678 | - 2 - | LRB102 14917 LNS 20272 b |
|
| 1 | | unknown occupant may be notified by posting
and mailing of
| 2 | | notices; or by publication and mailing, as provided for in
| 3 | | Section 2-206 of this Act. However, in cases where the | 4 | | defendant or unknown
occupant is notified by
posting and | 5 | | mailing of notices or by publication and mailing, and the
| 6 | | defendant or unknown occupant does not appear generally, the | 7 | | court may rule
only on the
portion of the complaint which seeks | 8 | | an eviction order, and the
court shall not enter judgment as to | 9 | | any rent claim joined in the
complaint or enter personal | 10 | | judgment for any amount owed by a unit owner
for his or her | 11 | | proportionate share of the common expenses, however, an in
rem | 12 | | judgment may be entered against the unit for the amount of | 13 | | common expenses
due, any other expenses lawfully agreed upon | 14 | | or the amount of any unpaid
fine, together with reasonable | 15 | | attorney fees, if any, and costs. The claim
for rent may remain | 16 | | pending until such time as the
defendant or unknown occupant | 17 | | appears generally or is served with summons, but the eviction | 18 | | order shall be final, enforceable and appealable if the court | 19 | | makes
an express written finding that there is no just reason | 20 | | for delaying
enforcement or appeal, as provided by Supreme | 21 | | Court rule of this State.
| 22 | | Such notice shall be in the name of the clerk of the court, | 23 | | be
directed to the defendant or unknown occupant, shall state | 24 | | the nature of the cause against
the defendant or unknown | 25 | | occupant and at whose instance issued and the time and place | 26 | | for
trial, and shall also state that unless the defendant or |
| | | SB1678 | - 3 - | LRB102 14917 LNS 20272 b |
|
| 1 | | unknown occupant appears at the
time and place fixed for | 2 | | trial, judgment will be entered by default, and
shall specify | 3 | | the character
of the judgment that will be entered in such | 4 | | cause. The sheriff (i) shall post 3 copies of the notice in 3 | 5 | | public places in the neighborhood of
the court where the cause | 6 | | is to be tried, at least 10 days prior to the
day set for the | 7 | | appearance or, in counties that have a website that the staff | 8 | | of the county maintains, shall cause the notice to be posted on | 9 | | the website of the county where the cause is to be tried at | 10 | | least 10 days prior to the day set for the appearance , and, | 11 | | (ii) if the place of residence of the
defendant or unknown | 12 | | occupant is stated in any affidavit on file, shall at the
same | 13 | | time
mail one copy of the notice addressed to such defendant or | 14 | | unknown occupant at
such place of
residence shown in such | 15 | | affidavit. On or before the day set for the
appearance, the | 16 | | sheriff shall file the notice with an endorsement thereon
| 17 | | stating the time when and places where the sheriff posted and | 18 | | to whom and
at what address he or she mailed copies as required | 19 | | by this Section. For want
of sufficient notice any cause may be | 20 | | continued from time to time until
the court has jurisdiction | 21 | | of the defendant or unknown occupant.
| 22 | | (Source: P.A. 100-173, eff. 1-1-18 .)
|
|