No default or proceeding shall be taken against any defendant not served with summons within the State and not appearing, unless the first publication or personal service outside of the State be at least 30 days prior to the day at which such default or proceeding is proposed to be taken.
4-128.Default.
Article IV. Attachment · Part 1. In General · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA default cannot be entered against an out-of-state, unserved, non-appearing defendant unless the first publication of notice or personal out-of-state service happened at least 30 days before the proposed default.
Full Text of 735 ILCS 5/4-128
Plain-English Summary
Section 4-128 sets a minimum waiting period before a court can move against a defendant who has not been reached inside Illinois and has not appeared. No default or other proceeding may be taken against that defendant unless the first publication of notice, or personal service outside the state, occurred at least 30 days before the day the default or proceeding is proposed to be taken.
This works together with the publication and mailing scheme in Section 4-127: publication alone does not immediately authorize a default, but once 30 days have run from the first publication (or from personal out-of-state service), the case can move forward against a defendant who still has not appeared.
Frequently Asked Questions
How long must a court wait before defaulting a defendant who was never served in Illinois?
At least 30 days from the first publication of notice, or from personal service on the defendant outside the state, whichever applies.
Does this 30-day rule apply to defendants who were served within Illinois?
No. Section 4-128 addresses defendants not served with summons within the state and not appearing; defendants served in-state fall under the ordinary service and appearance rules elsewhere in this Part.
What starts the 30-day clock under this section?
Either the first publication of notice under Section 4-127 or personal service on the defendant outside the state, whichever occurred.
What happens if a court takes a default before the 30 days have run?
Section 4-128 states plainly that no default or proceeding shall be taken before that period runs, making an early default improper under the statute.
Why does Illinois require this waiting period?
It gives a defendant who is outside the state, or only reachable by publication, a fair minimum window to learn of the action and appear before the court takes action in their absence.
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: default judgment attachment illinois30 day notice attachmentout of state defendant defaultdefault against nonresident defendant