2-202.Persons authorized to serve process; place of service; failure to make return.
Article II. Civil Practice · Part 2. Process · Last amended 2025 · Last verified July 20, 2026
Full Text of 735 ILCS 5/2-202
Plain-English Summary
Subsection (a) lists who may serve process: a sheriff, or a coroner if the sheriff is disqualified; a special investigator appointed by the State's Attorney in matters involving the county or State; a licensed or registered private detective, or a registered employee of a certified private detective agency; and, by court order, a private person over 18 who is not a party to the action. Subsections (a-3) and (a-5) add fee-remitting rules for private-detective service in counties of 3,000,000 or more, and licensing and employee-registration requirements for detectives and detective agencies serving process.
Subsection (b) lets summons be served wherever a defendant is found in the State, and lets an officer serve outside their own county, though mileage fees outside the county cannot be taxed as costs; service in a foreign county may be returned by mail. Subsection (c) gives a plaintiff a way to compel a return: petitioning the court for a rule requiring the sheriff, coroner, or other person to make a return by a set date or show cause why not, with contempt available if no good cause is shown.
Subsections (d) through (f) address related details: taxing service fees as costs, expanded service and eviction-order authority for housing authority police in large counties, and court-appointed private or other law-enforcement service in certain Article IX nuisance-lease-voiding proceedings under the Controlled Substance and Cannabis Nuisance Act.
Frequently Asked Questions
Who can serve process under this section besides a sheriff?
A coroner if the sheriff is disqualified, a State's Attorney's special investigator in matters involving the county or State, a licensed or registered private detective or a registered employee of a certified private detective agency, or, on court order, a private person over 18 who is not a party.
What special fee applies to private-detective service in a county of 3,000,000 or more?
Under subsection (a-3), $5 of each service fee must be remitted to the county sheriff, paid by the plaintiff at filing or when an alias summons issues, and deducted from the detective's or sheriff's bill accordingly.
Can service be made outside the county where the case is pending?
Yes. Subsection (b) says summons may be served wherever defendants are found in the State, and an officer may serve outside their own county, though mileage fees outside the county cannot be taxed as costs.
What can a court do if a sheriff, coroner, or other server does not make a return?
Under subsection (c), the plaintiff may petition for a rule requiring a return by a set date or a showing of cause, and the court may hold the person in contempt if no good cause is shown.
Are there special service rules for housing authority police or certain nuisance-lease eviction cases?
Yes. Subsection (e) lets housing authority police in counties of 3,000,000 or more serve process and execute eviction orders for that authority, and subsection (f) allows court-appointed private servers or other law enforcement to serve process in the Article IX proceedings described there.
Amendment History
(Source: P.A. 102-538, eff. 8-20-21; 103-379, eff. 7-28-23; 103- 671, eff. 1-1-25; 103-1057, eff. 1-1-25.)