Illinois Legislative Update

Sep 22, 2024 General
On July 19, 2024, 2023 Illinois House Bill No. 4351 adopted amendments to 735 ILCS 5/2-202.  This statute concerns service and special process servers retained by the parties.  HB 4351 changed the statute such that in addition to effectuating service by a sheriff or a coroner, now a process server […]

On July 19, 2024, 2023 Illinois House Bill No. 4351 adopted amendments to 735 ILCS 5/2-202.  This statute concerns service and special process servers retained by the parties.  HB 4351 changed the statute such that in addition to effectuating service by a sheriff or a coroner, now a process server can achieve service of process without a court order.  The process server still must be licensed or registered as a private detective or a registered employee of a private detective agency throughout Illinois.  The amendments should streamline service and lessen the time and cost to do so, given that filing and presenting a motion a motion for appointment of a special process server is no longer required.  However, Illinois is making sure that does not lose out on revenue from the service of process within the state.  In counties of 3,000,000 or more, those hired to serve summonses shall remit $5 of each service fee to the county sheriff.