As the new year brings new opportunities, a list of resolutions, and an overwhelming to-do list, it also brings new changes to the law. And now, Illinois has made it possible to serve a summons in Cook County through a private licensed process server from the beginning, instead of first having to rely on the local sheriff. This change is part of Illinois’ continuing efforts to modernize process service in the state.
What Changed?
At one time, all Illinois counties were permitted to use private process servers in lieu of the local sheriff. But in the 1980s, there was a spate of private process services in Cook County that engaged in “sewer service,” meaning they intentionally did not serve defendants in a case so that the plaintiffs could win a default judgment. Eventually, a law was passed to remedy this problem, requiring the sheriff to make the first attempt at service in Cook County. All other counties were allowed to continue using either the sheriff or a private service.
Since that time, private process servers could only be used in Cook County if the sheriff’s attempts failed. Appointing a private process server required a court motion or order, adding extra steps and costs. Doing so also often caused delays and a rush to meet deadlines. As the Cook County Circuit Court receives over one million cases each year, serving defendants can burden the sheriff’s office, and at times service cannot be successfully completed.
As of January 1, 2025, Public Act 103-0671 has amended Illinois 735 ILCS 5/2-202 to allow private licensed process servers to serve defendants in Cook County, without having to go through the Cook County Sheriff's Office first. This means that licensed private detectives, registered employees of a certified private detective agency, and other agents who comply with state regulations can make the first attempt at serving a summons.
The current change follows another, even more consequential change made in 2023. The Illinois Supreme Court amended its Rule 102 to allow parties throughout the state to serve a summons and complaint electronically, as long as the request was properly motioned and the serving party obtained leave of court. This change made it possible to serve a summons by email, text, and even social media.
A New Process and New Costs
The amended statute mandates that the clerk’s office collect a $5.00 fee for the sheriff’s office at the time of filing with the court. If service is out of state or in another Illinois county, the $5.00 filing fee is still required. In cases in which the sheriff’s office is used for service, the $5.00 fee will be subtracted from the total service cost by the sheriff's office and private process servers must deduct $5.00 from their service fee.
The total charge for one alias summons will now be $11. The fee for the existing alias summons remains the same. If you file an alias summons, the current $6 fee will be added, plus the $5 fee that goes to the sheriff for the original summons. If your first summons has run out of time, you still need to obtain an order from the judge to issue an alias summons, but you do not need a motion and order to appoint a private process server.
What Legal Professionals Should Know
If the above fees are not added when e-filing a summons, it will get rejected. If you are using the Odyssey system to e-file, ensure that you follow these steps:
- Once your summons is uploaded to Odyssey, click on the “Add additional services” tab.
- Scroll to the bottom of the list to locate the box for “Summons Service Fee.”
- You must check the box for “Summons Service Fee” and enter the number of summonses you have uploaded.
- Check the box to add the fee and click “continue” to submit your filing.
If you have an order approving a fee waiver, you must include a copy of the order when submitting a filing. Alternatively, you can include a note in Odyssey to notify the clerk that the order is on file. See General Administrative Order No. 2018-06 for details.
Legal professionals should review and update their process-serving procedures. Here’s how to take full advantage of this change:
- Identify your priorities for service. What matters most for your case?
- Find a process serving company that is already compliant with the law and that offers the right services to meet your case and firm/business needs.
- Assess your current workflows for service of process and update any internal documentation and procedures.
- Make sure your billing process effectively tracks service costs and invoice clients correctly.
- Inform your team of the new rules so they are aware that switching to a process server company can enhance efficiency and lower client costs.
The new change makes the process faster, simpler, and more flexible for legal professionals and all those involved in the lawsuit.