Saint Louis, MO asked in Divorce for Illinois

Q: What do I do if the sheriff I sent a divorce summons to serve does not properly serve or send a receipt of having serve

I have filed for divorce and mailed the summons, as directed, to the sheriff of the county the individual being summoned is in. The sheriff however did not properly serve the individual, has no record of serving, and upon my calling to check on the situation, I was met with dead answers and I dont knows, to an Ill call you back. What do I do? Its been over 30 days since the date on the summons now.

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1 Lawyer Answer
J. Richard Kulerski
J. Richard Kulerski
  • Oak Brook Terrace, IL
  • Licensed in Illinois

A: Did you include the Petition for Dissolution with the Summons? Did you pay the Sheriff's fee and mileage cost, if any, in advance? Depending on what county you want the service to be made in, you could go online to see if there are any special process servers in that area. If so, hire one. They'll serve your spouse and provide you with the necessary Proof of Service.

In any event, your Summons has expired, and you have to get a second one - it's called an Alias Summons.

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