Affidavit of Service (Return of Service)

AFFIDAVIT OF SERVICE

Illinois Circuit Court

CASE CAPTION

IN THE CIRCUIT COURT OF THE [________________________________] JUDICIAL CIRCUIT

[________________________________] COUNTY, ILLINOIS

[________________________________],

Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],

Defendant(s).

AFFIDAVIT OF SERVICE

SECTION 1: AFFIANT INFORMATION

I, [________________________________] ("Affiant"), being first duly sworn upon oath, depose and state as follows:

1.1 Affiant Qualifications

1. I am over the age of eighteen (18) years.

2. I am not a party to the above-captioned action.

3. I am competent to testify to the matters stated herein from personal knowledge.

4. My authorization to serve process in Illinois is based on the following (select one):

☐ Sheriff / Deputy Sheriff — I am a duly appointed sheriff or deputy sheriff of [________________________________] County, Illinois, and authorized to serve process pursuant to 735 ILCS 5/2-202(a).

☐ Coroner — I am the coroner of [________________________________] County, Illinois, authorized to serve process when the sheriff is a party or otherwise disqualified.

☐ Licensed Private Detective — I am a private detective licensed under the Private Detective, Private Alarm, Private Security, Locksmith Act of 2004 (225 ILCS 447).

• License No.: [________________________________]
• Issuing Agency: Illinois Department of Financial and Professional Regulation
• I have provided (or will provide) a copy of my license to the sheriff of the county where service was made, as recommended by 735 ILCS 5/2-202(a).

☐ Registered Employee of Licensed Private Detective Agency — I am a registered employee of [________________________________] (agency name), a private detective agency certified under 225 ILCS 447.

• Agency License No.: [________________________________]
• My Employee Registration No.: [________________________________]

☐ Court-Appointed Private Person — I am a person over the age of 18, not a party to this action, appointed by this Court to serve process by order dated [__/__/____].

☐ Person Authorized for Out-of-State Service — I am a person over the age of 18, not a party to this action, authorized to serve process outside the State of Illinois pursuant to 735 ILCS 5/2-208.

1.2 Affiant Contact Information

SECTION 2: DOCUMENTS SERVED

I served the following document(s) on behalf of the ☐ Plaintiff / ☐ Defendant in the above-captioned action:

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Type of Location:

☐ Defendant's residence / usual place of abode

☐ Defendant's place of business

☐ Registered agent's office

☐ Other: [________________________________]

SECTION 4: PERSON SERVED

4.1 Identity of Person Served

(Select one)

☐ Individual Defendant — I served the documents directly upon the named defendant:

Name as shown on summons: [________________________________]

☐ Substitute Service Recipient — I left the documents with the following person at the defendant's usual place of abode:

☐ Corporate / LLC Registered Agent — I served the documents upon the registered agent of the entity defendant:

☐ Corporate / LLC Officer — I served the documents upon an officer of the entity defendant pursuant to 735 ILCS 5/2-204:

☐ Partnership / Association — I served the documents pursuant to 735 ILCS 5/2-205 upon:

☐ Other — I served the documents upon: [________________________________]

Basis for service: [________________________________]

SECTION 5: METHOD OF SERVICE

(Select the applicable method and complete all required details)

☐ 5A. Personal Service — 735 ILCS 5/2-203(a)(1)

I personally delivered true and correct copies of the above-described documents directly into the hands of the person named in Section 4 above.

☐ 5B. Substitute (Abode) Service — 735 ILCS 5/2-203(a)(2)

I left true and correct copies of the above-described documents with the person identified in Section 4 above at the defendant's usual place of abode. I informed that person of the contents of the summons. The person with whom the documents were left is a member of the defendant's family or a person residing at the defendant's usual place of abode and is at least 13 years of age.

Mailing Requirement (Mandatory for Substitute Service):

On [__/__/____], I also mailed a copy of the summons and all accompanying documents in a sealed envelope with postage fully prepaid, addressed to the defendant at:

[________________________________] (defendant's usual place of abode address)

Method of mailing:

☐ United States First-Class Mail

☐ Certified Mail — Return Receipt No.: [________________________________]

☐ 5C. Corporate / LLC Service — 735 ILCS 5/2-204

I personally delivered true and correct copies of the above-described documents to the registered agent or officer identified in Section 4 above at the address stated in Section 3, in compliance with 735 ILCS 5/2-204.

☐ 5D. Service by Certified Mail — Illinois Supreme Court Rule 105

I mailed true and correct copies of the above-described documents via certified mail, return receipt requested, to the defendant at the address stated in Section 3.

☐ Return receipt is attached hereto as Exhibit [____].

☐ Return receipt has not yet been returned.

☐ 5E. Service by Special Order of Court — 735 ILCS 5/2-203.1

Service was made by a method authorized by court order dated [__/__/____], as follows:

Method ordered: [________________________________]

☐ A copy of the court order authorizing this method of service is attached hereto as Exhibit [____].

☐ 5F. Service by Publication — 735 ILCS 5/2-206

Service was accomplished by publication in [________________________________] (name of newspaper), a newspaper of general circulation in [________________________________] County, Illinois.

☐ Publisher's affidavit of publication is attached hereto as Exhibit [____].

☐ 5G. Service Outside Illinois — 735 ILCS 5/2-208

I personally served the defendant outside the State of Illinois at the following location:

Note: Under 735 ILCS 5/2-208, no default judgment shall be entered prior to 30 days after service outside the state.

SECTION 6: DESCRIPTION OF PERSON SERVED

(Required for Personal Service and Substitute Service under 735 ILCS 5/2-203)

SECTION 7: DUE DILIGENCE FOR SUBSTITUTE OR ALTERNATIVE SERVICE

(Complete this section ONLY if personal service was not accomplished or if applying for service by special order under 735 ILCS 5/2-203.1)

7.1 Attempts at Personal Service

7.2 Investigation to Locate Defendant

(If requesting special order service under 735 ILCS 5/2-203.1, describe all steps taken to determine the defendant's whereabouts)

☐ Searched public records (property records, voter registration, motor vehicle records)

☐ Contacted last known employer: [________________________________]

☐ Contacted relatives or known associates: [________________________________]

☐ Searched online databases and social media

☐ Checked forwarding address with U.S. Postal Service

☐ Visited last known address on [__/__/____] — Result: [________________________________]

☐ Other investigation steps: [________________________________]

7.3 Reason Personal Service Was Impractical

[________________________________]

SECTION 8: SERVICE FEES

☐ No fee was charged for service.

☐ A service fee of $[________________________________] was charged.

☐ Fee receipt is attached.

SECTION 9: ADDITIONAL STATEMENTS

[________________________________]

(Use this section for any additional information relevant to service, such as unusual circumstances, the defendant's response at the time of service, or any other facts the court should know.)

SECTION 10: DECLARATION AND OATH

I, [________________________________], declare and swear under penalty of perjury under the laws of the State of Illinois that:

1. The foregoing statements are true and correct to the best of my knowledge, information, and belief.

2. I understand that any person who knowingly sets forth any false statement in this affidavit shall be liable in civil contempt pursuant to 735 ILCS 5/2-203(a)(2), and the Court may award damages as it determines to be just and, when the contempt is prosecuted by a private attorney, may award reasonable attorney fees.

3. I have personally performed the acts of service described in this Affidavit.

SECTION 11: EXECUTION AND NOTARIZATION

Executed on [__/__/____], at [________________________________], Illinois.

_______________________________________________

[________________________________] (Printed Name of Affiant)

Affiant / Process Server

STATE OF ILLINOIS      )

                                        ) SS.

COUNTY OF [________________________________]  )

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_______________________________________________

Notary Public, State of Illinois

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Copy of certified mail receipt / green card (if service by mail)

☐ Exhibit B — Court order authorizing special method of service (if applicable)

☐ Exhibit C — Publisher's affidavit of publication (if service by publication)

☐ Exhibit D — Additional return sheets for multiple parties served

☐ Exhibit E — Fee receipt (if applicable)

☐ Exhibit F — Copy of served documents

☐ Exhibit G — Other: [________________________________]

SECTION 13: ILLINOIS-SPECIFIC PRACTICE NOTES

Who May Serve Process in Illinois (735 ILCS 5/2-202)

Under Illinois law, only certain persons are authorized to serve process:

• Sheriffs and Coroners — May serve process in all counties. In counties other than Cook County, the sheriff may employ civilian personnel to assist with service.
• Licensed Private Detectives — In all counties except Cook, process may be served without special appointment by a person licensed under 225 ILCS 447 (Private Detective Act of 2004) or by a registered employee of a certified private detective agency.
• Court-Appointed Private Persons — In all counties, the court may by order appoint a private person over 18 years of age who is not a party to the action to serve process.
• Out-of-State Service — Under 735 ILCS 5/2-208, any person over 18 not a party may serve process outside Illinois without a court order.

Substitute Service — Strict Compliance Required

Illinois courts require strict compliance with all elements of substitute service under 735 ILCS 5/2-203(a)(2). The following elements must all be satisfied:

1. Copies must be left with a person of the defendant's family or household at the defendant's usual place of abode
2. The person must be at least 13 years of age
3. The person must be informed of the contents of the summons
4. A copy must be mailed to the defendant in a sealed, postage-prepaid envelope at the same address

Failure to strictly comply with any of these requirements may render service defective and subject to a motion to quash.

Filing Deadline

File this Affidavit promptly after service, generally within the return date of the summons as required by 735 ILCS 5/2-203(b). Retain a conformed copy for your records.

False Statements — Contempt Liability

Under 735 ILCS 5/2-203(a)(2), any person who knowingly sets forth a false statement in a certificate or affidavit of service is liable in civil contempt. The court shall award such damages as it determines to be just and may award reasonable attorney fees.

Sources and References

• 735 ILCS 5/2-203 (Service on Individuals): Illinois General Assembly
• 735 ILCS 5/2-203.1 (Service by Special Order): Illinois General Assembly
• 735 ILCS 5/2-202 (Who May Serve): Illinois General Assembly — Service of Process
• Illinois Supreme Court Rules (Service): Querrey & Harrow Law Manual
• Illinois Process Serving Laws Overview: ServeNow
• Illinois Legal Aid Online — Civil Practice: Illinois Legal Aid
• 2025 Illinois Compiled Statutes — Article II Civil Practice: Justia