Can a process server serve papers that are for my roommate to me?

Attorney answers (3)

1. Licensed in IL

   

   Alan Brinkmeier

   Chicago Litigation Lawyer

   Contributor Level 20

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   Lawyer agrees

   Answered September 10, 2012 12:47. Illinois law provides that service on individual defendants "shall be made 1) by leaving a copy thereof with the defendant personally, or 2) by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, ..." 735 ILCS 5/2-203(a). Illinois law also provides that, if the plaintiff is unable to obtain personal service on the defendant, then "the plaintiff, his or her agent or attorney may file an affidavit stating that the defendant . . . . on due inquiry cannot be found . . . ." 735 ILCS 5/9-107 . That is necessary to proceed to service by publication.
   
   Tell your roommate about the encounter.
   Have your roomate retain a lawyer .

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2. Licensed in IL

   

   Judy Goldstein

   Mokena Divorce / Separation Lawyer

   Contributor Level 20

   1

   Lawyer agrees

   Answered September 10, 2012 13:14. As long as you are over the age of 13, since you reside in the same household as your roommate, service is proper. You would do your roommate a service by making sure he gets those papers.

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3. Licensed in IL

   

   Steven Giacoletto

   Collinsville Personal Injury Lawyer

   Contributor Level 11

   1

   Helpful vote

   Answered September 10, 2012 15:00. Tell you roomate to get a lawyer and not play cute with the service issues. The answers above are quite accurate.

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