Upon the filing of such copy of distress warrant and inventory, the clerk shall issue a summons against the party against whom the distress warrant has been issued, returnable as summons in other civil cases.
9-303.Summons and return.
Article IX. Eviction · Part 3. Distress for Rent · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceSection 9-303 directs the circuit clerk to issue a summons against the tenant as soon as the distress warrant and inventory are filed, returnable the same way as a summons in any other civil case.
Full Text of 735 ILCS 5/9-303
Plain-English Summary
Once the landlord files the distress warrant and inventory under Section 9-302, the case needs a defendant who has been formally notified. Section 9-303 puts that duty on the clerk: upon the filing, the clerk shall issue a summons against the party against whom the distress warrant was issued.
The summons is returnable the same way as any other civil summons, meaning the distress action does not follow a specialized notice schedule of its own — it plugs into the standard civil procedure for serving and returning summonses used across the Code. That link matters because it means service rules, deadlines, and return procedures familiar from ordinary lawsuits carry over directly into a distress case.
This section is a short mechanical bridge: it moves the case from a landlord's private seizure into a proceeding the tenant can appear in and contest, which is exactly what Sections 9-305 and 9-306 then govern.
Frequently Asked Questions
When does the clerk issue a summons in a distress for rent case?
As soon as the copy of the distress warrant and inventory is filed under Section 9-302, the clerk issues a summons against the party the warrant was directed at.
Does a distress for rent summons follow special rules for its return date?
No. Section 9-303 makes it returnable the same way as a summons in other civil cases, so the standard civil return schedule applies.
Who is named in the summons issued under Section 9-303?
The party against whom the distress warrant was issued — typically the tenant whose property was seized.
What happens if the tenant cannot be found to be served with the summons?
Section 9-304 addresses that situation, allowing notice as in attachment cases when the defendant is a nonresident, has left the state, cannot be found after due inquiry, or is concealed within the state.
Does the tenant have to file anything to respond once served with the summons?
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: distress for rent summons Illinois9-303 Illinoiscircuit clerk summons distress warranthow is a tenant served in a distress action