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Public Act 92-0823
SB1934 Enrolled LRB9214343RCsb
AN ACT in relation to civil procedure.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Code of Civil Procedure is amended by
changing Sections 9-104 and 9-107 and by adding Section
9-107.5 as follows:
(735 ILCS 5/9-104) (from Ch. 110, par. 9-104)
Sec. 9-104. Demand - Notice - Return. The demand
required by Section 9-102 of this Act may be made by
delivering a copy thereof to the tenant, or by leaving such a
copy with some person of the age of 13 years or upwards,
residing on, or being in charge of, the premises; or in case
no one is in the actual possession of the premises, then by
posting the same on the premises; or if those in possession
are unknown occupants who are not parties to any written
lease, rental agreement, or right to possession agreement for
the premises, then by delivering a copy of the notice,
directed to "unknown occupants", to the occupant or by
leaving a copy of the notice with some person of the age of
13 years or upwards occupying the premises, or by posting a
copy of the notice on the premises directed to "unknown
occupants". When such demand is made by an officer authorized
to serve process, his or her return is prima facie evidence
of the facts therein stated, and if such demand is made by
any person not an officer, the return may be sworn to by the
person serving the same, and is then prima facie evidence of
the facts therein stated. The demand for possession may be in
the following form: To ....
I hereby demand immediate possession of the following
described premises: (describing the same.)
The demand shall be signed by the person claiming such
possession, his or her agent, or attorney.
(Source: P.A. 83-1362.)
(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 a forcible detainer 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 forcible detainer 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 judgment for possession, 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 order for possession 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. 83-1528.)
(735 ILCS 5/9-107.5 new)
Sec. 9-107.5. Notice to unknown occupants.
(a) Service of process upon an unknown occupant may be
had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or
person of the age of 13 or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
summons and complaint and a judgment for possession in favor
of the plaintiff is entered, but the order does not include
unknown occupants and the sheriff determines when executing
the judgment for possession that persons not included in the
order are in possession of the premises, then the sheriff
shall leave with a person of the age of 13 years or upwards
occupying the premises, a copy of the order, or if no one is
present in the premises to accept the order or refuses to
accept the order, then by posting a copy of the order on the
premises. In addition to leaving a copy of the order or
posting of the order, the sheriff shall also leave or post a
notice addressed to "unknown occupants" that states unless
any unknown occupants file a written petition with the clerk
that sets forth the unknown occupant's legal claim for
possession within 7 days of the date the notice is posted or
left with any unknown occupant, the unknown occupants shall
be evicted from the premises. If any unknown occupants file
such a petition, a hearing on the merits of the unknown
occupant's petition shall be held by the court within 7 days
of the filing of the petition with the clerk. The unknown
occupants shall have the burden of proof in establishing a
legal right to continued possession.
(c) The plaintiff may obtain a judgment for possession
only and not for rent as to any unknown occupants.
(d) Nothing in this Section may be construed so as to
vest any rights to persons who are criminal trespassers, nor
may this Section be construed in any way that interferes with
the ability of law enforcement officials removing persons or
property from the premises when there is a criminal trespass.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2002.
Approved August 21, 2002.
Effective August 21, 2002.
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