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Service of Process

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Service of Process
Please note that the legal information presented on this page is written for those living in the state of Illinois.

What Does it Mean?

Service of process is necessary for filling a petition or a notice of summons. It refers to the process through which the recipient of the notice is made personally aware of the case.

Things You Should Know

There are three main ways to conduct service of process when filing a notice of summons:

  • through the sheriff's office, which typically charges a filing fee between $50-$60
  • through a special process server, with varying fees; and
  • through certified mail

If service of process has NOT been conducted, a judge may not be able to make a decision on the case. This is why an exact address for the recipients place of residence, if they do not have an attorney, is typically required for service of process.

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Definitions

Filing an Appearance

Filing an appearance is the next step for the respondent to a civil court case to take after the petitioner to the case files a petition and serves the respondent with a notice of summons. An appearance is a document that confirms the respondent will either be represented by an attorney, or represent themselves as their own attorney (pro se) during
Read more

Petitioner

The petitioner to a civil court case is the person who first filed a petition and a notice of summons to start the court case. Similarly, the person to whom the petition and summons was addressed to is the respondent to the case. The petitioner and respondent to a case will continue to be the petitioner and respondent throughout the duration of th
Read more

Notice of Summons

A notice of summons is a document that is filed when the petitioner starts a civil court case through filing a petition. The summons notifies the respondent that they have 30 days to file their appearance. The respondent must be properly served the notice of summons, or else the entire case may be considered invalid.
Read more

Notice of Motion

A notice of motion is a written request to the courts that a issue a specific court order, or a judgement regarding a particular aspect of the case. Examples of common motions include: a motion to modify a child support order a motion to enforce parenting time (visitation rights); or a motion to appeal a divorce judgementIn order for a notice of
Read more

Fee Waiver

A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
Read more

Respondent

The respondent to a civil court case is the person who first received a notice of summons and therefore is required to file their appearance in order to schedule their first court date. The person who originally filed the summons and the original petition is called the petitioner to the case. The petitioner and respondent to a case will continue t
Read more

Filing a Petition

Filing a petition is the process through which the majority of civil court cases begin. In order for a petition to be heard by a judge in court, a notice of summons must be properly served to the opposing party. Generally speaking, petitions must be filed electronically through the Clerk of Court's website – see here. The party that files the
Read more
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Definitions

Respondent

The respondent to a civil court case is the person who first received a notice of summons and therefore is required to file their appearance in order to schedule their first court date. The person who originally filed the summons and the original petition is called the petitioner to the case. The petitioner and respondent to a case will continue t
Read more

Petitioner

The petitioner to a civil court case is the person who first filed a petition and a notice of summons to start the court case. Similarly, the person to whom the petition and summons was addressed to is the respondent to the case. The petitioner and respondent to a case will continue to be the petitioner and respondent throughout the duration of th
Read more

Filing an Appearance

Filing an appearance is the next step for the respondent to a civil court case to take after the petitioner to the case files a petition and serves the respondent with a notice of summons. An appearance is a document that confirms the respondent will either be represented by an attorney, or represent themselves as their own attorney (pro se) during
Read more

Fee Waiver

A fee waiver is an application open to those who cannot afford to pay court fees or any related legal fees, such as filing a petition or filing an appearance. You will need to have the following information to apply for a fee waiver: the public benefits you receive, such as LINK/SNAP, TANF, Medicaid, or SSI the amount income you earned last month,
Read more

Filing a Petition

Filing a petition is the process through which the majority of civil court cases begin. In order for a petition to be heard by a judge in court, a notice of summons must be properly served to the opposing party. Generally speaking, petitions must be filed electronically through the Clerk of Court's website – see here. The party that files the
Read more

Notice of Summons

A notice of summons is a document that is filed when the petitioner starts a civil court case through filing a petition. The summons notifies the respondent that they have 30 days to file their appearance. The respondent must be properly served the notice of summons, or else the entire case may be considered invalid.
Read more

Notice of Motion

A notice of motion is a written request to the courts that a issue a specific court order, or a judgement regarding a particular aspect of the case. Examples of common motions include: a motion to modify a child support order a motion to enforce parenting time (visitation rights); or a motion to appeal a divorce judgementIn order for a notice of
Read more
Hide all related Definitions
Hide all related Definitions

Articles

What Does it Mean to Quash Service?

This article offers an overview of what it means to quash service. The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help thei
Read more

Limited Scope Representation

It is no secret that hiring a private attorney is expensive. Recognizing this, some private attorneys offer a cheaper arrangement for providing legal help. One such arrangement is called limited scope representation (AKA unbundled, or a la carte legal services). This article provides an overview of limited scope representation – what it is, and wha
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When do I have to pay Court Fees?

If you wish to resolve your legal problem in court, you may be required to pay court fees. The requirement to pay court fees depends on the type of legal problem you would like the courts to help with. In this article, we will cover when individuals will have to pay court fees. Additionally, we discuss what to do if you can't afford your court fees
Read more
Show all related Articles
Hide all related Definitions

Articles

What Does it Mean to Quash Service?

This article offers an overview of what it means to quash service. The word "quash" is used to mean something is invalid. Quashing service refers to the process of filing a motion to tell the courts you believe there was invalid service of process in your case. Below, we discuss when and how a person can make a request to quash service to help thei
Read more

Limited Scope Representation

It is no secret that hiring a private attorney is expensive. Recognizing this, some private attorneys offer a cheaper arrangement for providing legal help. One such arrangement is called limited scope representation (AKA unbundled, or a la carte legal services). This article provides an overview of limited scope representation – what it is, and wha
Read more

When do I have to pay Court Fees?

If you wish to resolve your legal problem in court, you may be required to pay court fees. The requirement to pay court fees depends on the type of legal problem you would like the courts to help with. In this article, we will cover when individuals will have to pay court fees. Additionally, we discuss what to do if you can't afford your court fees
Read more
Hide all related Articles
Hide all related Definitions
SAEF Legal Aid is not a law firm and does not provide any legal advice. SAEF is a legal information provider and is not a substitute for an attorney or law firm. By using SAEF to obtain referrals to legal service providers, you do not enter any form of an attorney-client relationship with SAEF, nor with any of the attorneys to which you are referred.
SAEF is a registered 501(c)(3) not-for-profit organization based in Chicago, Illinois. SAEF's tax identification number is 85-0832245
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