(a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts of this State, it shall have the force and effect of personal service of summons within this State; otherwise it shall have the force and effect of service by publication.
2-208.Personal service outside State.
Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAllows personal service of summons on a party outside Illinois, giving it the same force as in-state personal service on an Illinois citizen, resident, or someone who submitted to Illinois jurisdiction, and otherwise treating it like service by publication, with a 30-day wait before any default.
Full Text of 735 ILCS 5/2-208
(b) The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
(c) No default shall be entered until the expiration of at least 30 days after service. A default judgment entered on such service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this State.
Plain-English Summary
Subsection (a) allows personal service of summons on any party outside Illinois. If the person served is an Illinois citizen or resident, or has submitted to the jurisdiction of Illinois courts, that out-of-state service carries the same force and effect as personal service within the State. If not, it instead has the force and effect of service by publication.
Subsection (b) sets the mechanics: service follows the same manner as in-state service, performed by any person over 18 who is not a party, with no court order required. The server files an affidavit stating the time, manner, and place of service, and the court may consider that affidavit or other competent proof in deciding whether service was properly made.
Subsection (c) requires a 30-day wait after service before any default may be entered, and a default judgment entered on this kind of service can be set aside only on a showing that would be timely and sufficient to set aside a default entered on personal service within Illinois.
Frequently Asked Questions
What effect does out-of-state personal service have on an Illinois citizen or resident?
The same force and effect as personal service within Illinois, under subsection (a).
What if the person served outside Illinois is not a citizen, resident, or someone who submitted to Illinois jurisdiction?
The service instead has the force and effect of service by publication.
Who can perform out-of-state personal service, and is a court order required?
Any person over 18 who is not a party, in the same manner as service within the State, and no court order is required, under subsection (b).
What must be filed to prove out-of-state service happened?
An affidavit from the server stating the time, manner, and place of service; the court may also consider other competent proof.
How long must a court wait before entering a default based on this kind of service?
At least 30 days after service, under subsection (c), and any resulting default judgment can be set aside only on a showing that would suffice to set aside a default entered on in-state personal service.
Amendment History
(Source: P.A. 82-280.)
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 defendant out of state Illinoispersonal service outside Illinoisdefault judgment based on out of state serviceextraterritorial service of summons Illinois