Serving Summons

Discussion in 'Credit Talk' started by quasar27, Aug 2, 2002.

  1. quasar27

    quasar27 Well-Known Member

    Does anyone know the rules concerning serving a summons?

    I know they are different from state to state and also different between an individual and a corporation.

    Has anyone ever been served or served a summons by mail or Fed Ex etc.?

    I read my state (ILL) rules and it appears that you can only use the mail if you are serving a corporation, unless you file a special motion with the court to seek relief from the rule.

    I would like to know the reverse also, can they serve me via one of these methods or must it be in person (i.e. sherriff, process server)
     
  2. whyspers

    whyspers Well-Known Member

    In certain cases a summons can be mailed and the person mailing it simply does an affidavit of mailing, which is notarized, basically stating their name, that they are over eighteen, employed at such and such a law firm (if they are) and on the ___ day of ____, 2002, served upon the defendant by first class mail in something, something, something, wrapper and deposited in something about a depository for U.S. Mail or something like that and to such and such an address. Sorry...can't remember it off the top of my head.

    Anyway...in some circumstances, the sheriff or marshall or whomever is serving a summons can do something called a "nailed and mailed". They basically tape the summons to the door and then mail a copy of it.

    Other situations require personal service. You would need to research your particular situation where you live.


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