Legal Question in Landlord & Tenant Law in Illinois
Landlord not served summons
I'm suing my past landord for not returning half of my security deposit. I filed court papers and paid to have the sheriff's office serve the summons. Call this week and they said the landlord wasn't served the summons. They suggested that I go to my court date even though the landlord won't be there. What can I do now? What will the judge say? Please help regarding this matter.
2 Answers from Attorneys
Re: Landlord not served summons
You should check with the clerk of court where you live to see if you can serve the complaint by certified mail -- this is sometimes offered for cases where the dollar amount is relatively small. This might get your complaint served quicker.
Since your summons has gone dead, you will need to get an alias summons issued by the court. "Alias summons" is the term applied to the second summons issued when the first one expires before service is effectuated. If the alias is not served, you will go back to court and get a second alias issued. The court will continue your case while service is pending.
Re: Landlord not served summons
You have to go to the court date and you will be required to get an alias summons. If you don't go to the court date your case will likely be dismissed.
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