Article II. Civil Practice · Part 2. Process · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceDeems a nonresident aircraft or watercraft operator to have appointed the Secretary of State as their agent for service in a resulting damage claim, sets the mailing steps and $2 fee involved, and lets a defendant who never got notice petition to reopen the judgment within set time limits.
"aircraft" means any contrivance now known, or hereafter invented, used or designed for flight in the air;
"watercraft" means any boat, vessel, craft or floating thing designed for navigation in the water; and
"waters of this State" means the Illinois portion of all boundary lakes and rivers, and all lakes, rivers, streams, ponds and canals within the State of Illinois.
(b)The use and operation by any person of an aircraft on the land of or in the air over this State or the use and operation by any person of a watercraft in the waters of this State, shall be deemed an appointment by such person of the Secretary of State, to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against him or her, growing out of such use or resulting in damage or loss to person or property, and such use or operation shall be signification of his or her agreement that any such process against him or her which is so served, shall be of the same legal force and validity as though served upon him or her personally if such person is a nonresident of this State or at the time a cause of action arises is a resident of this State but subsequently becomes a nonresident of this State. Service of such process shall be made by serving a copy upon the Secretary of State, or by filing such copy in his or her office, together with a fee of $2.00, and such service shall be sufficient service upon such person; if notice of such service and a copy of the process are, within 10 days thereafter, sent by registered mail by the plaintiff to the defendant, at the last known address of the defendant, and the plaintiff's affidavit of compliance herewith is appended to the summons. The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. The fee of $2.00 paid by the plaintiff to the Secretary of State at the time of the service shall be taxed in his or her costs, if he or she prevails in the action. The Secretary of State shall keep a record of all such processes, which shall show the day and hours of such services.
(c)When a final judgment is entered against any non- resident defendant who has not received notice of service and a copy of the process by registered mail, required to be sent to him or her as above provided, and such person, his or her heirs, legatees, executor, administrator or other legal representatives, as the case may require, shall within one year after the written notice is given to him or her of such judgment, or within 5 years after such judgment, if no such notice has been given, as above stated, appear and petition the court to be heard regarding such judgment, and shall pay such costs as the court may deem reasonable in that behalf, the person so petitioning may appear and answer the plaintiff's allegations, and thereupon such proceeding shall be had as if the defendant had appeared in due time and no judgment had been entered. If it appears upon the hearing that the judgment ought not to have been entered against the defendant, the judgment may be set aside, altered or amended as shall appear just; otherwise, it shall be ordered that the judgment stands confirmed against such defendant. The judgment shall after 5 years from the entry thereof, if not set aside in the manner stated above, be deemed and adjudged confirmed against such defendant, and all persons claiming under him or her by virtue of any act done subsequent to the commencement of such action, and at the end of the 5 years, the court may enter such further orders as shall be required for the enforcement of the judgment.
Plain-English Summary
Subsection (a) defines "aircraft," "watercraft," and "waters of this State" for purposes of the section. Subsection (b) then treats the use or operation of an aircraft over Illinois, or a watercraft in Illinois waters, by a nonresident, or by someone who later becomes a nonresident, as an appointment of the Secretary of State as that person's agent for service of process in an action arising from that use.
The subsection sets out how that service works: a copy is served on or filed with the Secretary of State along with a $2 fee, the plaintiff must mail notice and a copy of the process to the defendant's last known address within 10 days, and an affidavit of compliance is attached to the summons; the court may grant continuances to give the defendant a reasonable opportunity to defend, and the $2 fee is taxed as costs if the plaintiff prevails.
Subsection (c) gives a defendant recourse when the required mailed notice never arrived. That defendant, or their heirs, legatees, or legal representatives, may petition to be heard within one year of written notice of the judgment, or within 5 years of the judgment if no notice was given, upon paying costs the court deems reasonable; if the judgment is not set aside within that window, it becomes deemed confirmed against the defendant and those claiming under them.
Frequently Asked Questions
What does operating an aircraft over Illinois or a watercraft on its waters do under subsection (a) and (b)?
It is deemed an appointment of the Secretary of State as the operator's agent for service of process in an action arising from that use, if the operator is, or later becomes, a nonresident.
How is process served on the Secretary of State under this section?
By serving or filing a copy in the Secretary's office with a $2 fee, followed by the plaintiff mailing notice and a copy of the process to the defendant's last known address within 10 days, with an affidavit of compliance attached to the summons.
What happens to the $2 fee if the plaintiff wins the case?
It is taxed as part of the plaintiff's costs.
What can a nonresident defendant do if a judgment was entered without the required mailed notice reaching them?
Under subsection (c), they, or their heirs, legatees, or legal representatives, may petition to be heard within one year of written notice of the judgment, or within 5 years of the judgment if no notice was given, paying costs the court deems reasonable.
What happens to the judgment if 5 years pass without it being set aside?
It becomes deemed and adjudged confirmed against the defendant and anyone claiming under them by an act done after the action began, and the court may enter further enforcement orders.
Amendment History
(Source: P.A. 84-549.)
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:Illinois Secretary of State service for aircraft or watercraftwatercraft accident lawsuit service Illinoisnonresident boat or plane operator service of processreopening a default judgment aircraft watercraft