I filed a small claim case against my tenant for unpaid rents totaling $4,000. When the state Sherriff served the Summon the tenant was in the apartment but didn't answer the door so the Summons was returned. The alias Summons issued and served but failed for the same reason. How could the case being heard in the court without the Summons being served successfully to the defendant?
You help is very much appreciated. Thank You!!!
Appoint a special process server.
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There are alternative methods of service that a professional process server can help you with. Talk to the clerk at the small claims court.
Ask the clerk of court for a form to obtain a special process server. Do some research and obtain the name of the special process you plan on using prior to doing so.
Next time you go to court tell the judge that the defendant is avoiding service, ask "leave of the court to appoint a special process server." Have the specific name of the Illinois licensed process server. Once the judge approves your request, write the order out and give it to the court clerk.
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