Posting failure
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Posting failure (by Gary [IL]) Aug 16, 2014 5:45 AM
       Posting failure (by RichE [IL]) Aug 16, 2014 7:16 AM
       Posting failure (by BRAD 20,000 [IN]) Aug 16, 2014 11:00 AM

Posting failure (by Gary [IL]) Posted on: Aug 16, 2014 5:45 AM

State Specific Question About: ILLINOIS (IL) Have a tenant who didn't pay. I served the 5 day notice, then went to Clerk and filed for a court date. I usualy give my notices to a private investigation server, he won't give up trying to serve. Somehow the county sherff got the summons and made one attempt at serving. When the tennant didn't come to the door, he left a pink slip asking the tenant to come to the Sherff's office and pick up his paper work. Yeah, like that is going to happen. My question is this, what do I do now. How can tell the judge he has been served if he won't pick up the papers at the Sheriff office? How can I evict if he keeps dodging the paper work? Can this go on for months?

Posting failure (by RichE [IL]) Posted on: Aug 16, 2014 7:16 AM

Unfortunately my experience in Illinois is that the sheriff's office is not very aggressive is serving summons. If they show that they tried 2xs and did not succeed in serving, my judge will allow a summons "posting". This means they post a copy of the summons in the courthouse,maybe the sheriff's office, and mail a letter to the tenant. Then at the subsequent court date you will be able to get possession, but a money judgement. The money judgement will have to be obtained through small claims court. If by chance the tenant shows up to court because of the letter they have to waive the right to be summoned before you can get a money judgement even though they are standing right there in front of the judge.

Posting failure (by BRAD 20,000 [IN]) Posted on: Aug 16, 2014 11:00 AM


Not sure what your court requires. Do you have firm, exact info on what is accepted as SERVED?

We serve multiples, hoping at least ONE gets thru. If they call to cuss us out that's proof they got it.


-first class mail (no return address so they might open it)

-a post card (does not need to be opened)

-Certified mail (no signature required) which showing tracking online that the Federal Govt delivered it

-to everyone on their Emergency Contact list (they provide 4 per adult and sign mine stating these trusted persons may accept their notices)

-tape it to their door, take a photo. Go by later to show it was removed. Complete an Affidavit Of Service (a form we made) and deliver that to the court.

-deliver to their work

-registered mail to their work. Addressed only to the office and requires a signature. Inside in an envelope marked fro the resident. The clerk who receives the mail will sign for it, you now have proof of delivery, the clerk gives it to the resident. Res calls to cuss you out, again proving they received it.

Tip: These issues can often be settled without the res appearing in court. Include paperwork where the res can settle outside of court. See if your court has such a form. My court's simple. We write in the amount, they sign, self-addressed stamped envelope to return it, I take it into court.

Big thinker tip: My court did not have a form, so I made one. Simple, in plain words. My judge liked the idea so he made his own form in legaleze.

We negotiate on my form because it's easier, sign it, then write in the amounts/dates on his form, sign it, backed up with my form.

Another: judges and sheriffs are ELECTED. They want and need your vote. Make it known thru your assoc that the system has a few holes to patch.

As an association (not personally) we approached our court and reminded the court how the mechanics of the system were failing the DEFENDANTS. The court was not aware of "outside details" such as your pink paper dilemma. (if they can leave a pink paper, why not just leave the notice??)

We talked to the sheriff and he was happy to find a way to reduce his deputies' workload.

Over a few years we have "helped" the court iron out some kinks by making them aware and offering positive suggestions. The court system flows smoother and the defendants are better informed.

Subject: RE: Posting failure
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