(a) A partnership sued in its firm name may be served by leaving a copy of the process with any partner personally or with any agent of the partnership found anywhere in the State. A partnership sued in its firm name may also be notified by publication and mail in like manner and with like effect as individuals.
2-205.Service on partnership and partners.
Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceExplains how to serve a partnership sued in its firm name, how to serve an individual partner when a personal judgment is sought for a partnership debt, and how to serve an unknown owner in an assumed-name business action.
Full Text of 735 ILCS 5/2-205
(b) When a personal judgment is sought against a known partner for a partnership liability the partner may be served (1) in any manner provided for service on individuals or (2) by leaving a copy of the summons for him or her with any other partner and mailing a copy of the summons in a sealed envelope with postage prepaid, addressed to the partner against whom the judgment is sought at his or her usual place of abode as shown by an affidavit filed in the cause. The certificate of the officer or the affidavit of the other person making service that he or she has mailed the copy in pursuance of this section is evidence that he or she has done so. Service on a nonresident partner against whom a personal judgment is sought may be made by leaving a copy with any other partner, and mailing, as provided herein, only if the cause of action sued on is a partnership liability arising out of the transaction of business within the State. (c) When a personal judgment is sought against an unknown
owner in an action authorized under Section 6 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, service may be made by leaving a copy of the summons with any agent of the business and publishing notice in the manner provided by Section 2-206 of this Act.
Plain-English Summary
Subsection (a) covers a partnership sued in its firm name: it may be served by leaving a copy of the process with any partner personally or with any partnership agent found anywhere in the State, and it may also be notified by publication and mail in the same manner and with the same effect as individuals.
Subsection (b) addresses a different situation, where a personal judgment is sought against a known partner for a partnership liability. That partner may be served in any manner available for individuals, or by leaving a copy with another partner and mailing a copy to the target partner's usual place of abode as shown in a filed affidavit. Service this second way on a nonresident partner is available only if the claim is a partnership liability arising from transacting business within Illinois.
Subsection (c) addresses service on an unknown owner in an action under the Illinois statute governing the use of an assumed business name: a copy of the summons may be left with any agent of the business, combined with publication of notice under Section 2-206.
Frequently Asked Questions
How can a partnership sued in its own firm name be served?
By leaving a copy of the process with any partner personally or with any partnership agent found anywhere in the State, or by publication and mail as with individuals, under subsection (a).
How is an individual partner served when a personal judgment is sought against them for a partnership debt?
Either in any manner available for individuals, or by leaving a copy with another partner and mailing a copy to the target partner's usual place of abode as shown by a filed affidavit, under subsection (b).
Can a nonresident partner be served this substitute way for a personal judgment?
Only if the claim is a partnership liability arising from transacting business within Illinois.
How is service made against an unknown owner in an assumed-business-name action?
By leaving a copy of the summons with any agent of the business and publishing notice under Section 2-206, per subsection (c).
What other law does subsection (c) point to for the underlying assumed-business-name action?
The Illinois statute on the use of an assumed name in conducting business; the section only names that other Act without restating its substance.
Amendment History
(Source: P.A. 83-707.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: serving a partnership in Illinoispersonal judgment against a partner serviceassumed name business unknown owner servicefirm name lawsuit service of process