📜 Illinois Eviction Summons

Forcible Entry and Detainer – 735 ILCS 5/9

🏛️ OFFICIAL COURT DOCUMENT

⚖️ Purpose: The Summons notifies the defendant(s) that an eviction lawsuit has been filed against them and informs them of when and where to appear in court. The Summons must be properly served on all defendants for the court to have jurisdiction over them.

⚠️ IMPORTANT: This summons must be issued by the Clerk of the Circuit Court and served by the Sheriff or a licensed process server. Improper service will result in the case being dismissed. Many courts have their own summons forms – check with your local court clerk.

🏛️ Court Information

👤 Plaintiff (Landlord) Information

👥 Defendant(s) (Tenant) Information

📅 Court Hearing Information

📌 Note: The hearing date is typically set by the court clerk at the time of filing. Illinois law requires that the defendant be served at least 7 days before the court date for forcible entry and detainer actions.

📄 Summons Document Preview

⚖️
IN THE CIRCUIT COURT OF ________ COUNTY, ILLINOIS
_______________
Plaintiff
v.
Case No. _______________
_______________
Defendant(s)
SUMMONS

TO THE DEFENDANT(S):

You are hereby summoned and required to appear in court to answer the complaint filed against you for FORCIBLE ENTRY AND DETAINER (Eviction) regarding the property located at:

_________________________________

YOU MUST APPEAR IN COURT:

Date: _______________
Time: _______________
Location: _______________
Courtroom: _______________

IF YOU FAIL TO APPEAR, a judgment by default may be entered against you for the relief requested in the complaint. You may lose your home and be required to pay money damages.

YOU HAVE THE RIGHT to be represented by an attorney. If you cannot afford an attorney, free legal help may be available. Contact your local legal aid office.

🖊️ Clerk of Court Section

📌 This section is completed by the Clerk of the Circuit Court when the summons is issued.

📬 Return of Service (Completed by Server)

📌 This section is completed by the Sheriff or process server after serving the summons on the defendant(s).

Understanding the Eviction Summons

The summons is a critical document in the eviction process. It officially notifies the defendant(s) that a lawsuit has been filed and commands them to appear in court. Without proper service of the summons, the court cannot proceed with the case.

Key Point: The summons must be served at least 7 days before the court date in forcible entry and detainer cases. Service less than 7 days before the hearing date is insufficient and may result in dismissal or continuance.

Components of the Summons

  • Court Information: Identifies the court where the case is filed
  • Case Number: Unique identifier assigned by the clerk
  • Party Information: Names of plaintiff(s) and defendant(s)
  • Property Address: Location of the rental property at issue
  • Hearing Date and Time: When defendant must appear
  • Warning of Default: Notice that failure to appear results in judgment against defendant

Methods of Service

Personal Service

The summons is handed directly to the defendant. This is the preferred method as it provides definitive proof of service.

Abode Service

If the defendant cannot be found, the summons may be left with a person 13 years or older who resides at the defendant’s usual place of abode, and a copy mailed to the defendant.

Posting and Mailing

If the defendant cannot be found after diligent inquiry, and no suitable person is at the residence, the court may authorize service by posting the summons on the door and mailing a copy. This requires a motion and court order.

Service Requirements

  • Service must be made by the Sheriff or a licensed process server
  • Plaintiff cannot personally serve the summons
  • Service must occur at least 7 days before the hearing date
  • Each defendant named must be served
  • Proof of service (return of service) must be filed with the court

After Service

After the summons is served, the server completes the “Return of Service” section and files it with the court. This documents that service was properly completed and allows the case to proceed.

Defendant’s Options

Upon receiving the summons, the defendant may:

  • Appear in court on the scheduled date to contest the eviction
  • File an answer or motion before the court date
  • Contact the landlord to negotiate (pay rent owed, cure violation, etc.)
  • Seek legal assistance from an attorney or legal aid
  • Voluntarily vacate before the court date

⚖️ Legal Disclaimer

This form is provided for informational and educational purposes only. Many Illinois courts have their own official summons forms that must be used. Always check with the Clerk of the Circuit Court in your county for the correct forms and procedures. This document does not constitute legal advice.