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Thread: Process Server Laws: Illinois

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    Process Server Laws: Illinois

    Chapter 735. Civil Procedure

    735 ILCS 5/2-201. Commencement of actions - Forms of process.

    (a) Every action, unless otherwise expressly provided by statute, shall be commenced by the filing of a complaint. The clerk shall issue summons upon request of the plaintiff. The form and substance of the summons, and of all other process, and the issuance of alias process, and the service of copies of pleadings shall be according to rules.

    (b) One or more duplicate original summonses may be issued, marked "First Duplicate," "Second Duplicate," etc., as the case may be, whenever it will facilitate the service of summons in any one or more counties, including the county of venue.

    735 ILCS 5/2-202. Persons authorized to serve process; Place of service; Failure to make return.

    (a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 1,000,000 may employ civilian personnel to serve process.

    In counties with a population of less than 1,000,000, process may be served, without special appointment, by a person who is licensed or registered as a:

    • Private detective under the Private Detective,
    • Private Alarm,
    • Private Security, and
    • Locksmith Act of 1993 or by a
    • Registered employee of a private detective agency certified under that Act. (with PERC Card)


    A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person.

    The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.

    EDITOR'S NOTE:
    (In other words, a petition to the local court to approve a non-licensed process server to serve papers can be signed by the judge so as to avoid the expense of using a licensed private detective or sheriff. See the sample petition for Cook County: Click Here. Other Cook County forms, Go Here .)

    (a- 5) Upon motion and in its discretion, the court may appoint as a special process server a private detective agency certified under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993. Under the appointment, any employee of the private detective agency who is registered under that Act may serve the process. The motion and the order of appointment must contain the number of the certificate issued to the private detective agency by the Department of Professional Regulation under the Private Detective, Private Alarm, Private Security, and Locksmith Act of 1993.

    (b) Summons may be served upon the defendants wherever they may be found in the State, by any person authorized to serve process. An officer may serve summons in his or her official capacity outside his or her county, but fees for mileage outside the county of the officer cannot be taxed as costs. The person serving the process in a foreign county may make return by mail.

    (c) If any sheriff, coroner, or other person to whom any process is delivered, neglects or refuses to make return of the same, the plaintiff may petition the court to enter a rule requiring the sheriff, coroner, or other person, to make return of the process on a day to be fixed by the court, or to show cause on that day why that person should not be attached for contempt of the court. The plaintiff shall then cause a written notice of the rule to be served on the sheriff, coroner, or other person. If good and sufficient cause be not shown to excuse the officer or other person, the court shall adjudge him or her guilty of a contempt, and shall impose punishment as in other cases of contempt.

    (d) If process is served by a sheriff or coroner, the court may tax the fee of the sheriff or coroner as costs in the proceeding. If process is served by a private person or entity, the court may establish a fee therefor and tax such fee as costs in the proceedings.

    (e) In addition to the powers stated in Section 8.1a of the Housing Authorities Act, in counties with a population of 3,000,000 or more inhabitants, members of a housing authority police force may serve process for forcible entry and detainer actions commenced by that housing authority and may execute orders of possession for that housing authority.

    (f) In counties with a population of 3,000,000 or more, process may be served, with special appointment by the court, by a private process server or a law enforcement agency other than the county sheriff in proceedings instituted under the Forcible Entry and Detainer Article of this Code as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act.

    Case Notes:
    1. Illinois statute permitting process to be served "either by a sheriff or by a disinterested person appointed by the court" did not require appointment of process server by Illinois court, and permitted service of process in Illinois by private investigator specially appointed to serve process by Florida Circuit Court. Takiff v. Takiff, 683 So.2d 595 (1996).

    2. Fact that lawsuit was filed in DuPage County, whose population is less than 1 million so that service by private detective is permitted, did not authorize service of process on defendant in Cook County by private detective. Schorsch v. Fireside Chrysler-Plymouth 527 N.E.2d 693 (1988); appeal denied, 535 N.E.2d 411.

    3. Service of process within the state by a private individual not appointed to do so by the court is invalid. Lake County v. X-Po Sec. Police Service, Inc. 327 N.E.2d 96 (1975).

    735 ILCS 5/2-203. Service on individuals.
    (a) Except as otherwise expressly provided, service of summons upon an individual defendant shall be made

    (1) by leaving a copy of the summons with the defendant personally,

    (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, or

    (3) as provided in Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.

    (b) The officer, in his or her certificate or in a record filed and maintained in the Sheriff's office, or other person making service, in his or her affidavit or in a record filed and maintained in his or her employer's office, shall:

    (1) identify as to sex, race, and approximate age the defendant or other person with whom the summons was left and

    (2) state the place where (whenever possible in terms of an exact street address) and the date and time of the day when the summons was left with the defendant or other person.

    (c) Any person who knowingly sets forth in the certificate or affidavit any false statement, shall be liable in civil contempt. When the court holds a person in civil contempt under this Section, it shall award such damages as it determines to be just and, when the contempt is prosecuted by a private attorney, may award reasonable attorney's fees. (Source: P.A. 88-340.)

    Case Notes:

    1. Return of officer or other authorized person making service of summons on defendant by delivering copy to another person must show strict compliance with every requirement of statute authorizing substituted service. Dec and Aque v. Manning. 618 N.E.2d 367 (1993); appeal denied, 624 N.E.2d 805.

    2. Under this paragraph, strict adherence to technical requirements is a necessity when substituted service of process is attempted upon a nonresident of Illinois. Taylor v. Landsman, 422 N.E.2d 403 (1981); rehearing denied, 425 N.E.2d 218.

    735 ILCS 5/2-203.1. Service by special order of court.

    If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an order directing a comparable method of service. The motion shall be accompanied with an affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) and (2) of subsection (a) of Section 2-203, including a specific statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to make service have been unsuccessful. The court may order service to be made in any manner consistent with due process. (Source: P.A. 87-1165.)

    735 ILCS 5/2-204. Service on private corporations.

    A private corporation may be served (1) by leaving a copy of the process with its registered agent or any officer or agent of the corporation found anywhere in the State; or (2) in any other manner now or hereafter permitted by law. A private corporation may also be notified by publication and mail in like manner and with like effect as individuals.
    (Source: P.A. 83-707.)

    735 ILCS 5/2-205. Service on partnership and partners.
    (a) A partnership sued in its firm name may be served by leaving a copy of the process with any partner personally or with any agent of the partnership found anywhere in the State. A partnership sued in its firm name may also be notified by publication and mail in like manner and with like effect as individuals.

    (b) When a personal judgment is sought against a known partner for a partnership liability the partner may be served (1) in any manner provided for service on individuals or (2) by leaving a copy of the summons for him or her with any other partner and mailing a copy of the summons in a sealed envelope with postage prepaid, addressed to the partner against whom the judgment is sought at his or her usual place of abode as shown by an affidavit filed in the cause. The certificate of the officer or the affidavit of the other person making service that he or she has mailed the copy in pursuance of this section is evidence that he or she has done so. Service on a nonresident partner against whom a personal judgment is sought may be made by leaving a copy with any other partner, and mailing, as provided herein, only if the cause of action sued on is a partnership liability arising out of the transaction of business within the State.

    (c) When a personal judgment is sought against an unknown owner in an action authorized under Section 6 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, service may be made by leaving a copy of the summons with any agent of the business and publishing notice in the manner provided by Section 2-206 of this Act. (Source: P.A. 83-707.)

    735 ILCS 5/2-205.1. Service on voluntary unincorporated associations.
    A voluntary unincorporated association sued in its own name may be served by leaving a copy of the process with any officer of the association personally or by leaving a copy of the process at the office of the association with an agent of the association. A voluntary unincorporated association sued in its own name may also be notified by publication and mail in like manner and with like effect as individuals. (Source: P.A. 83-901.)

    735 ILCS 5/2-208. Personal service outside State.
    (a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts of this State, it shall have the force and effect of personal service of summons within this State; otherwise it shall have the force and effect of service by publication.

    (b) The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.

    (c) No default shall be entered until the expiration of at least 30 days after service. A default judgment entered on such service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this State. (Source: P.A. 82-280.)

    Case Note:
    Attempted service by mail to Taiwanese corporation in Taiwan and to its sales representative in Indiana were insufficient; no federal statute authorized territorial service of Taiwanese corporation, and, according to Illinois statutory law, parties located outside of the forum state had to be personally served. Electronic Signals Products, Inc., v. Eastern Electronic Co. Ltd., 783 F.Supp. 1135 (N.D. Ill. 1992).

    735 ILCS 5/2-209. Act submitting to jurisdiction - Process.

    (a) Any person, whether or not a citizen or resident of this State, who in person or through an agent does any of the acts hereinafter enumerated, thereby submits such person, and, if an individual, his or her personal representative, to the jurisdiction of the courts of this State as to any cause of action arising from the doing of any of such acts:
    (1) The transaction of any business within this State;

    (2) The commission of a tortious act within this State;

    (3) The ownership, use, or possession of any real estate situated in this State;

    (4) Contracting to insure any person, property or risk located within this State at the time of contracting;

    (5) With respect to actions of dissolution of marriage, declaration of invalidity of marriage and legal separation, the maintenance in this State of a matrimonial domicile at the time this cause of action arose or the commission in this State of any act giving rise to the cause of action;

    (6) With respect to actions brought under the Illinois Parentage Act of 1984, as now or hereafter amended, the performance of an act of sexual intercourse within this State during the possible period of conception;

    (7) The making or performance of any contract or promise substantially connected with this State;

    (8) The performance of sexual intercourse within this State which is claimed to have resulted in the conception of a child who resides in this State;

    (9) The failure to support a child, spouse or former spouse who has continued to reside in this State since the person either formerly resided with them in this State or directed them to reside in this State;

    (10) The acquisition of ownership, possession or control of any asset or thing of value present within this State when ownership, possession or control was acquired;

    (11) The breach of any fiduciary duty within this State;

    (12) The performance of duties as a director or officer of a corporation organized under the laws of this State or having its principal place of business within this State;

    (13) The ownership of an interest in any trust administered within this State; or

    (14) The exercise of powers granted under the authority of this State as a fiduciary.

    (b) A court may exercise jurisdiction in any action arising within or without this State against any person who:

    (1) Is a natural person present within this State when served;

    (2) Is a natural person domiciled or resident within this State when the cause of action arose, the action was commenced, or process was served;

    (3) Is a corporation organized under the laws of this State; or

    (4) Is a natural person or corporation doing business within this State.

    (c) A court may also exercise jurisdiction on any other basis now or hereafter permitted by the Illinois Constitution and the Constitution of the United States.

    (d) Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this Section, may be made by personally serving the summons upon the defendant outside this State, as provided in this Act, with the same force and effect as though summons had been personally served within this State.

    (e) Service of process upon any person who resides or whose business address is outside the United States and who is subject to the jurisdiction of the courts of this State, as provided in this Section, in any action based upon product liability may be made by serving a copy of the summons with a copy of the complaint attached upon the Secretary of State.

    The summons shall be accompanied by a $5 fee payable to the Secretary of State. The plaintiff shall forthwith mail a copy of the summons, upon which the date of service upon the Secretary is clearly shown, together with a copy of the complaint to the defendant at his or her last known place of residence or business address.

    Plaintiff shall file with the circuit clerk an affidavit of the plaintiff or his or her attorney stating the last known place of residence or the last known business address of the defendant and a certificate of mailing a copy of the summons and complaint to the defendant at such address as required by this subsection (e).

    The certificate of mailing shall be prima facie evidence that the plaintiff or his or her attorney mailed a copy of the summons and complaint to the defendant as required. Service of the summons shall be deemed to have been made upon the defendant on the date it is served upon the Secretary and shall have the same force and effect as though summons had been personally served upon the defendant within this State.

    (f) Only causes of action arising from acts enumerated herein may be asserted against a defendant in an action in which jurisdiction over him or her is based upon subsection (a).

    (g) Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law. (Source: P.A. 86-840.)

    735 ILCS 5/2-211. Service on public, municipal, governmental and quasi-municipal corporations.
    In actions against public, municipal, governmental or quasi-municipal corporations, summons may be served by leaving a copy with the chairperson of the county board or county clerk in the case of a county, with the mayor or city clerk in the case of a city, with the president of the board of trustees or village clerk in the case of a village, with the supervisor or town clerk in the case of a town, and with the president or clerk or other officer corresponding thereto in the case of any other public, municipal, governmental or quasi-municipal corporation or body. (Source: P.A. 82-280.)

    735 ILCS 5/2-212. Service on trustee of corporation or receiver.
    Any trustee of a corporation or its property or any receiver may be served with summons (1) in any manner provided for service on individuals or corporations, as is appropriate, or (2) by leaving a copy thereof with any agent in the employ of the trustee or receiver anywhere in the State. The trustee or receiver may also be notified by publication and mail in like manner and with like effect as individuals. (Source: P.A. 82-280.)

    Click here: Illinois Civil Procedure

  2. #2

    Question for Kanda

    Kanda,
    I am wondering, first, even though I read through the Process Server Laws here, I could not decipher whether or not as a trainee I would be able to get work as a process server. I have also not found that answer anywhere else on the Internet.
    Second, I found a course through NAIS to become a "Certified" Process Server and am wondering if that's something I should take in order to further me along?
    Thanks so much for the help,
    Cheryl

  3. #3
    Byron Patterson's Avatar
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    Hello I Am In The Same Situatoin That You Are In Please When You Find Out Sometrhing Let Me Know As Well

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    Quote Originally Posted by Cheryl
    Kanda,
    I am wondering, first, even though I read through the Process Server Laws here, I could not decipher whether or not as a trainee I would be able to get work as a process server. I have also not found that answer anywhere else on the Internet.
    Second, I found a course through NAIS to become a "Certified" Process Server and am wondering if that's something I should take in order to further me along?
    Thanks so much for the help,
    Cheryl
    I to have done some searching for the answer to that question and haven't been totally satisfied with any solid information. Does it mean that one could serve papers for an insurance or law firm as an agent? Or does one have to be employed for a detective agency, if one is not employed by the Sheriff's office?

    Les R.

  5. #5
    I would recommend doing work as a special process server through a licensed private detective agency. This will help you to avoid any potential quagmires. However, I was informed that I can do special process server work if I register with Cook County. I can do business as: "d/b/a". I know that anyone 18 years of age and older and not a party to the cause of action can serve papers as long as they are appointed as special process server by the court of jurisdiction. A Motion and Order in Special Process needs to be allowed by a Circuit Court Judge in order for me to serve legal papers.

    Blake S.

    P.S. Licensed Private Investigators don't like the competition.

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    Dba?

    Quote Originally Posted by Blake Stanton
    I would recommend doing work as a special process server through a licensed private detective agency. This will help you to avoid any potential quagmires. However, I was informed that I can do special process server work if I register with Cook County. I can do business as: "d/b/a". I know that anyone 18 years of age and older and not a party to the cause of action can serve papers as long as they are appointed as special process server by the court of jurisdiction. A Motion and Order in Special Process needs to be allowed by a Circuit Court Judge in order for me to serve legal papers.

    Blake S.

    P.S. Licensed Private Investigators don't like the competition.
    Blake
    Thanks for the input.
    How does one register with Cook County, and "doing business as" entails what?
    Setting up a company?
    Just applying a bogus name for yourself?
    What did you mean by DBA.

    Thanks again for any info you might have.

    Les R

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    How do you become a Licensed PI in Illinois?

    Thank you for your help
    Michelle

  8. #8

    Doing Business As

    I was told that I can apply for an Assumed Business Name or DBA (Doing Business As) at the Cook County Building in downtown Chicago on Clark Street. I filled out the application and paid a small fee like $5.00. Then I had to pay for a legal notice in a publication such as the Chicago Tribune for three consecutive weeks. If you want more info on how to do this, then contact the Clerk of Cook County.

    I know that in order to sit for the PI exam in Illinois one needs to work full-time for an Illinois Licensed PI for five years. That is if you do not have a college education. If you do have an Associate's Degree, then I think you have to work F/T for three years. If you have a Bachelor's Degree, then you need to work F/T for one year under a licensed PI. I heard that the exam is hard, and the IL Department of Professional Regulations does a thorough background check on you. Illinois is very strict in licensing private investigators.

    Sincerely,

    Blake Stanton
    PI Trainee

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    Blake, Thank you for you help.

    Michelle

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    A Motion and Order in Special Process needs to be allowed by a Circuit Court Judge in order for me to serve legal papers.

    Blake S.

    P.S. Licensed Private Investigators don't like the competition.


    Blake,

    Thanks again for your info.

    One more and I'll leave you alone.
    How does one get a Cicuit Court Judge to give me that order?
    Does one apply for the DBA first and then is there a procees by which you are chosen by the court for a specific order to serve?

    Well that was two but I do appreciate your your input.

    Les Reid

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    In addition to the information given on become a licensed P.V.T. investigator in Illinois; you are required to pass an exam.

  12. #12

    Private Process Serving in Cook County

    Hello,

    I worked for a licensed private detective agency as a special process server. I needed to get a PERC card, but I did not have to pass an exam to do this type of work. There is no licensing requirement to be a special process server in the State of Illinois. Read the Code of Civil Procedure. One needs to be at least eighteen years of age, have a good character and not be a party to the cause of action.

  13. #13
    Usually the law firm prepares and files the ex-parte motion and order in special process in Cook County Circuit Court. After the motion is allowed by the judge, then the special process server can proceed with attempting to serve the defendant(s). I would apply at the Assumed Names/Business Registration/Fictitious Business Names department at the Cook County Building in downtown Chicago. It costs $50.00 to file the application. Then you need to publish a legal notice for three consecutive weeks in a publication of general circulation in the area in which you live. I did this for my judgment recovery business. You can be a process server "doing business as" without having a private investigator license. However, I think licensed PIs are trying to cause trouble for unlicensed people doing private process serving.

  14. #14
    Has anyone bought the Process Server publications and Certificate Program through NAIS (National Association of Investigative Specialists)?

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    Illinois only requires 3 years with a license agency not exceeding 5 years, since your 3. If you have an associates degree it is only 2. If you have Bachors Degree it is only 1.

  16. #16
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    BLAKE -

    Hello - I was curious to see if you did acquire the process serving certificate via the NAIS? I didnt know this certification was offered. I did serve process through an agency in Joliet Illinois in 2005, but there had been a few trainign conflcts and long distance. . Do you know of any other places to post my resume or to locate firms whom would be willing ot contract for serving papers ? Im NEW to IPIU for about one month now.

    Hope to hear from you

    Thanks,
    Jon

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    Hi Jon,
    I received your thread and the only advice I can give you is chech with others about ansewering your question. Good luck.
    James

  18. #18
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    a Degree in Business will Help!

    A Degree is business will HELP assist in the accreditation of becoming a private investogator here in the state of Illinois I was just told.

    Presuming you have done work with a licensed private detective for around two years.

    Arent there just Illinois detectived floating around without having their own agency ? where do you find them ?


  19. #19

    Re: Jonathan Persky's Inquiry

    Jonathan,

    I apologize for not responding to your inquiry sooner. I did not acquire the process serving certificate from NAIS. I work for a law firm as a collections paralegal, and I asked the President of the process serving company we use (Chapin Wood of Legal Process Service in Elgin, Illinois) about the possibility for me to work as a process server on a part-time basis. I worked for him for one year. I got a PERC card through the State of Illinois Department of Professional Regulation as one of the requirements to work for his private investigation agency.

    I would recommend visiting the web site of NAPPS (National Association of Professional Process Servers), join the process server yahoo group through National Association of Investigative Specialists (NAIS) and visit a public library, which should have a listing of all the licensed private investigative agencies in the state. Networking is really the best way to find opportunities. When I am at the courthouse in downtown Chicago (Daley Center), I meet a lot of investigators and process servers. Make some cold calls to agencies.

    Sincerely,

    Blake Stanton

    Quote Originally Posted by Jonathan Persky
    BLAKE -

    Hello - I was curious to see if you did acquire the process serving certificate via the NAIS? I didnt know this certification was offered. I did serve process through an agency in Joliet Illinois in 2005, but there had been a few trainign conflcts and long distance. . Do you know of any other places to post my resume or to locate firms whom would be willing ot contract for serving papers ? Im NEW to IPIU for about one month now.

    Hope to hear from you

    Thanks,
    Jon

  20. #20
    Jonathan Persky's Avatar
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    Hello Everyone,

    I live in the State of Illinois (County of Cook). I was wondering if an individual without a PI license, but a PERC card, is allowed to serve legal process in civil cases (without court appointment as a private process server) only pertaining to the supplementary proceedings, i.e. post judgment actions. For example, I am talking about civil cases when a court awarded money judgment has been entered and then a judgment creditor files wage garnishments, bank account garnishments, citations to discover assets, rule to show cause, etc.. Would I be allowed to serve these legal documents without being employed by a licensed private detective or agency in the State of Illinois, specifically within Cook County, and without appointment as a special process server by order of court?

    Thanks for your input and guidance in advance. I cannot figure this out by reading the laws and statutes in the State of Illinois. This is confusing to me.

    Blake - I NEED to speak with you about process service more in Illinois and have some information fot you okay i notice you're not an avid poster.. I can assist you in a company that is in need of people [b]VERY DESPERATELY[b][u]Mature, [u]Responsible, [u]Confidential U][ Individuals ! I'M going to RE-post this in your name..

    Our paths I hope do cross soon. How old are you ? WHAT part of the county of cook do you reside, ?

  21. #21
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    Hello Everyone,

    I live in the State of Illinois (County of Cook). I was wondering if an individual without a PI license, but a PERC card, is allowed to serve legal process in civil cases (without court appointment as a private process server) only pertaining to the supplementary proceedings, i.e. post judgment actions. For example, I am talking about civil cases when a court awarded money judgment has been entered and then a judgment creditor files wage garnishments, bank account garnishments, citations to discover assets, rule to show cause, etc.. Would I be allowed to serve these legal documents without being employed by a licensed private detective or agency in the State of Illinois, specifically within Cook County, and without appointment as a special process server by order of court?

    Thanks for your input and guidance in advance. I cannot figure this out by reading the laws and statutes in the State of Illinois. This is confusing to me.

    Blake - I NEED to speak with you about process service more in Illinois and have some information fot you okay i notice you're not an avid poster.. I can assist you in a company that is in need of people [b]VERY DESPERATELY[b][u]Mature, [u]Responsible, [u]Confidential U][ Individuals ! I'M going to RE-post this in your name..

    Our paths I hope do cross soon. How old are you ? WHAT part of the county of cook do you reside, ?

  22. #22
    Jonathan Persky's Avatar
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    You're fine to go Blake with the perc card to do process. What is it you REALLY want to do ? Process is good. It may just be a matter of typing process service in www.anywho.com phone directory to receive a list of all the certified agenices which do it. . You'll be able to see some of the ten biggest thoughout the Illinois, Chicagoland area.

    Your Perc card needs to be active, and relatively New.

    Yeah I am working right now as a contractor and also an employee for a company in Tinley Park. . Use the telephone and fax them your resume.

    Depending on your expereincee, Blake, you have a pretty good chance. If you have any other inquiries about this, Shoot away !

    hope i was able to help on this. That expereince you acquire doing service of process will add to your expereince under the Detective Act, okay.

  23. #23
    Jonathan Persky's Avatar
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    Regarding process - for you now !

    If you're in need of doing process, as i've been doing I CAN do a referral of a company to you in here directly for you to take a peak, Blake I am sorry you are not a common post person in here

    My business in Illinois needs [B]diligent process servers [B] for cook county for services which describe exactly WHAT it is you were looking for. It's been two months now with this company!

    Get back to me if you're still interested .

    Blake, certification of process service is NOT the deal in Illinois or NAIS standards. It is invalid for satisfying requiremens; in other words unneccessary. Experience surpasses the NAIS standard requirement. It's just goof to be a member as you had suggested. Thanks !

    get back to me soon

    Jon

  24. #24
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    To Jon and Blake,

    Neither one of you have an approved email or contact. Please click on the following link to apply for one:

    http://www.ipiu.org/forums/showthread.php?t=19427

  25. #25
    Jonathan Persky's Avatar
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    hello

    Dear Tech support: I knew this would be moderated.


    I dont have [[B]B]ENOUGH credentials with IPIU to have an email address, or do i ? This communication between myself and Blake was strictly "on-Topic" , and i wasn't to drop off any personal digits or e-mails . I WAS about to striclty proivde a company Name in Illinois of the place to where i have business involvement with.


    please advise. There is an [B]excess [B] of infringement and moderation into topics which REMAIN on-TOPIC

    I like [B]MY E-mail address for business and associations[B]just the way it is and it is linked to the IPIU.oRG

    so i ask to advise. I can't afford to have excess email addresses it's too much, Can i ? or is it a simple in-box?

    Thank you in advance!

  26. #26
    Robert A Brady--'s Avatar
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    Re: Process Server Laws: Illinois

    Good Afternoon, I was wondering, as a Process Server in Illinois can we serve without working for agency, as long as we have our P.E.R.C. card valid? Thanks, Bob

  27. #27
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    Re: Process Server Laws: Illinois

    Hey Robert -

    I have to say, it's more of a Catch-22. You are entitled for Appointment as a "special process server" with your PERC by motion from the courts in specific counties and no judge will Disregard your Service upon a citizen if you did NOT serve it through a detective agency. Although, it's a good idea to run it through them Robert. I recall in 2005 while working for a Licensed Agency on Joliet, a lot of Servers, were 'special servers' whom were lawyers. Thus, lawyers do serve process and would just need a PERC card. After service or non-service, by way of notary public, the notar will validate the document and than it will go back to the judge hearing the case for filing and examination of CASE in question.

    Other witnesses of this thread Ron whom are licensed detectives in Illinois will be able to shed light and verify or disagree with some of my interpretations. I serve a LOT of process now as an independent for agenices.

    Detectives who've been doing this for four years can offer better insight. Hope I helped some keep in touch on it and let me know your plans.

    A PERC I think is a must on serving, but the "laws of processing" are oddly worded and are hard for any randon genious Jane Doe to decipher the nuts and bolts. I know - i just re-read them four times. Well that's Illinois for you

    Scope the Wiliam Sheehan postings, and see if your question may have been otherwise answered more Directly than myself. He's a detective in Three states, including ours and corresponded with a lot of Illinoisans whom we've all tackled on this subject. He's your best bet - in fact you probably have permission to ask directly in his intro forum something as basic at that.

    Hope this helped Good day !

  28. #28
    Carlina Aldridge's Avatar
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    Re: Process Server Laws: Illinois

    So how long will we be in training? Is it a set time?

  29. #29
    Robert A Brady--'s Avatar
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    Re: Process Server Laws: Illinois

    There is really no training. it's a matter of going with someone and seeing how the process works. i wish you luck in your new beginning...

  30. #30
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    Re: Process Server Laws: Illinois

    May I have the website to the application for process server

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    Re: Process Server Laws: Illinois

    I also have an Associate Degree in Business, A Doctorate Degree in Counseling and a Bachelor Degree in Child and Family Studies and several certificates. Will either one help move me along in the Private Investigation field via education wise. Will it add a year to my credientials with IPIU? I will be going to college again for the Criminal Justice Degree soon.

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    Re: Process Server Laws: Illinois

    Quote Originally Posted by Carlina Aldridge View Post
    May I have the website to the application for process server
    A start for you might be Serve-Now. com
    I believe you have to be working under the license of a detective agency in Illinois, or be appointed"special process server" by the judge in a case. I don't believe, there is a web site that has an application.

    Les Reid

  33. #33
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    Re: Process Server Laws: Illinois

    Quote Originally Posted by Les Reid View Post
    A start for you might be Serve-Now. com
    I believe you have to be working under the license of a detective agency in Illinois, or be appointed"special process server" by the judge in a case. I don't believe, there is a web site that has an application.

    Les Reid
    Les,
    Thanks for sharing that info with Carlina. I am sure she will be quite thankful for the web address!
    Last edited by Luke A Slowik; 03-17-2008 at 09:27 PM.

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    Re: Process Server Laws: Illinois

    Can anyone tell me if it's possible to know if we are considered as employees/contract-out of IPIU. I'm trying to apply for the PERC Card for a license detective agency, is IPIU considered one?

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    Question Re: Process Server Laws: Illinois

    I am not aware of a particular office for process sever in the state of Illinois. Sorry I can't help you at this time.

    James W Butler PI

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    Re: Process Server Laws: Illinois

    hey Jon

    this is Gilbert please get incontact with me

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    Re: Process Server Laws: Illinois

    Quote Originally Posted by Gilbert Williams View Post
    hey Jon

    this is Gilbert please get incontact with me
    Gilbert, please go here:

    http://www.ipiu.org/forums/showthread.php?t=32790

    Thanks.

  38. #38
    Roman Segal's Avatar
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    Lightbulb Re: Process Server Laws: Illinois

    Just a little house keeping for those that do not know this already, on January 1st 2014 all the Private Investigating and Process Serving laws are due to be repealed. Carol Sent in my state Represtive in the 59th district, I had several conversations with her and told her that I will summarize what is going on and what will happen. You will also see below my personal proposal hot to streamline and make some of the law efficient and still keep the state happy by making money . Firstly you will find her response to my letter and then my letter with all the laws attached. Hope its not too confusing for everyone.

    Roman,
    Hello. I read your email and generally believe I understand that you want someone to make changes to the process server law before it sunsets to include a fee, standardized exam and getting bonded. Is this correct? Barrett will look into which department will handle this. I imagine professional regulations and look into who is drafting a bill. Then we can forward your written information to that person and possibly even connect you with that individual. How does that sound?
    Carol

    Feb 23, 2013 8:52 AM,


    By Roman Segal

    I. Summary & Proposal

    Representative Carol Sente, per our phone conversation I am writing you the current details of the Process Server and Private Investigation laws in Illinois. First to become a security officer in Illinois one has to apply for a permanent employee card called (PERC). In this process you have to get finger printed and have a back ground check. Once you have one you can be an nu-armed Security Officer and work for a private investigator.

    To be a process server in Illinois, you have to be a private investigator or be specially appointed by the judge to serve legal papers. To be a private investigator in Illinois, you have to have 3 years full time experience a investigation firm and they have to sponsor you to sit in on the state exam.

    Current work around for a process server is to be bonded and have a (Liability) 25,0000 insurance witch most have but if the FCC catches them they will be fined 10,000 for not having a private investigator license. I do need to mention that every serve, the server fills out an Affidavit, list the time, place and who was serve. The server has to sign this and it has to b Notarized as well. Given back to the client or filed with the court.

    As I mentioned on January 1, 2014 the laws are scheduled to be repealed, thus my writing to you. Before you do you and your staff do the research, I would like to outline a proposal that would help private sector business owners and generate some income for the state and make the laws more sensible and efficient.

    The PERC card is a must first step.

    I feel that lots of states, like Washington,Colorado states have standardized exams for process servers. The state Charges $290 to become a Private Investigator, they can do the same for Process Servers.

    If after the above is fulfilled, they still need to be bonded and insured as they are still not private investigator status. At least this proposal will allow process Servers to legally server papers.

    This is an example of an exam that Washington State has for Process Servers: One needs to define the following Terminology that proper server would have to know and that is as follows:

    What is a Civil Law suite, trial, Plaintiff, Defendant, Deposition, Summons, Subpoena, Judgment, Judgment Debtor, Paralegal, Pro Pe, Proof of Service, Wit of Execution, How long do you need to keep notes and records, What is considered “Completion” of Service and Serving someone other then the Defendant, is called? These are just some of the questions but there are many more. If you have question let me know from what I know currently the following people are responsible of the this law.


    II. Private Detective, Private Alarm, Private Security,Fingerprint Vendor.
    The Department began regulating private detectives and detective agencies in 1937. The Act was
    completely rewritten in 1986 to include private security guards, alarm contractors, and all registered
    employees. Locksmiths were added to the Act in 1995 and fingerprint vendors were added in 2007. The Act covers all aspects of the private investigation and private security industry, including the use of firearms. The Board is made up of thirteen members appointed by the Secretary, consisting of two licensed private detectives, three licensed private security contractors, two licensed private alarm contractors, two licensed locksmiths, one registered employee representative, one fingerprint vendor, and one public member. The Board is charged with providing expert knowledge and advice on disciplinary matters and professional performance and conduct.

    *Chris Andersen Hoffman Estates
    Edward R. Bonifas Geneva
    Anthony T. Calderone Forest Park
    Harmon V. Cook Jr. Edwardsville
    John J. Greenan Elk Grove Village
    Russel Haraus,Public Member Naperville
    Marikay Hegarty Chicago
    Daniel L. Kirby Bannockburn
    Tony Majka Western Springs
    David Pack Darien
    Michael Simon West Dundee
    Cortney Anderson Wascher Arlington Heights
    Roman I. Segal
    Integrity Express
    PI Union License No. 0611280924444 Exp 3/1/2014
    PERC No. 129.298810 Exp 5/31/2015

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