When such demand is made or notice served by an officer authorized to serve process, the officer's return is prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and is then prima facie evidence of the facts therein stated.
9-212.Evidence of service.
Article IX. Eviction · Part 2. Recovery of Rent; · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceProof that a notice or demand was properly served comes from the serving officer's return, or, when a private person served it, from that person's sworn statement, and either one counts as prima facie evidence of the facts it states.
Full Text of 735 ILCS 5/9-212
Plain-English Summary
Section 9-212 gives landlords an evidentiary shortcut for proving service of the notices and demands described in the section before it. When an officer authorized to serve process makes the demand or serves the notice, that officer's return is prima facie evidence of the facts stated in it.
The same benefit extends to service by someone who is not an officer, provided that person swears to the return. That levels the field for landlords who rely on a private process server rather than a sheriff or other officer.
Because the return is prima facie evidence rather than conclusive proof, it stands as accepted unless the other side comes forward with evidence to rebut it -- a distinction that can matter in a hearing over whether notice under Section 9-211 was properly given.
Frequently Asked Questions
What is prima facie evidence of service under this section?
Proof accepted as true of the facts stated in the officer's or process server's return, unless it is rebutted.
Does the notice have to be served by an actual officer?
No. A private person can serve it as well.
What must a private person do to get the same evidentiary benefit as an officer?
Swear to the return of service.
Which section describes the methods of service this evidence certifies?
Section 9-211, which sets out how a demand or notice may be made or served.
Can a return of service be challenged?
The statute makes the return prima facie evidence rather than conclusive proof, which by its nature leaves it open to being contested.
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
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