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Navigating the legal requirements of the Circuit Court of Cook County requires precise documentation to ensure cases proceed without administrative delays. This collection of Cook County forms covers essential procedural steps for civil litigation, particularly focusing on instances where standard methods of notification are insufficient. These documents are vital for establishing jurisdiction and ensuring that all parties involved in a legal matter receive proper notice according to Illinois state statutes.
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About Cook County forms
Typically, these forms are utilized by legal professionals, landlords, and self-represented litigants who are managing cases such as forcible detainer or general civil suits. For example, when a defendant cannot be reached through personal service, documents like the Affidavit for Service by Publication or a Notice by Posting are required to satisfy the court's transparency standards. Because the validity of a court's judgment often hinges on correct service, completing these legal affidavit forms with high accuracy is a high-stakes task. Tools like Instafill.ai use AI to fill these forms in under 30 seconds, handling the complex data entry accurately and securely to save users valuable time during the filing process.
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How to Choose the Right Form
When navigating the Circuit Court of Cook County, understanding how to properly serve a defendant is critical to moving your case forward. If you have been unable to serve a party through traditional personal service, you likely need one of these specific forms to satisfy the courtās requirements for "constructive service."
Establishing the Need for Alternative Service
If you have made a "diligent inquiry" and still cannot locate a defendant to serve them in person, you must first file a sworn statement explaining the situation to the court.
- Affidavit for Service by Publication/Posting (CCG 0013 A/B): This is the foundational document used in most civil cases. Use this form to swear under penalty of law that the defendant is out of state, cannot be found, or is concealing themselves. This affidavit is necessary to satisfy Illinois legal statutes (735 ILCS 5/2-206) before the court will allow you to proceed with alternative service methods. It is the "why" behind your request to skip personal service.
Specific Requirements for Eviction (Forcible Detainer)
In cases involving possession of property or eviction, there are specialized forms designed to provide notice to a tenant who cannot be served personally.
- Notice by Posting - Forcible Detainer (CCM 0086): Choose this form specifically if you are involved in an eviction case. Once you have the supporting affidavit ready, this form serves as the official notice that identifies the premises, the parties, and the trial date. It is a critical procedural step; it warns the defendant that failure to appear at the specified time and location could result in a default judgment for possession and potential eviction by the Sheriff.
Quick Selection Guide
- Start here if you cannot find the defendant: Use the Affidavit for Service by Publication/Posting (CCG 0013 A/B) to justify your request to the court.
- Use this for eviction trial notices: Use the Notice by Posting (CCM 0086) specifically for Forcible Detainer actions after the summons has been returned unserved.
Form Comparison
| Form | Primary Purpose | Case Application | Key Requirement |
|---|---|---|---|
| Affidavit for Service by Publication/Posting (Circuit Court of Cook County, Illinois) (CCG 0013 A/B) | Sworn statement justifying alternative service methods when personal service is impossible. | General civil litigation requiring constructive service on a missing defendant. | Detailed explanation of diligent efforts made to locate and serve the defendant. |
| 2420 - Served by Publication/Posting Forcible Detainer - Notice by Posting (CCM 0086) | Formal court notice informing defendants of the trial date and location. | Specifically used for Forcible Detainer (eviction) and possession of property cases. | Requires a prior summons returned unserved and a supporting affidavit filed. |
Tips for Cook County forms
Before filing an affidavit for service by publication, ensure you have documented all attempts to locate the defendant, such as checking public records or last known addresses. The Circuit Court of Cook County requires proof of 'diligent inquiry' to justify constructive service over personal service.
Double-check that the case number, party names, and property addresses are identical on both the Affidavit (CCG 0013) and the Notice (CCM 0086). Discrepancies between these forms can lead to the court rejecting your service attempt, causing significant delays in your legal proceedings.
AI-powered tools like Instafill.ai can complete these complex Cook County forms in under 30 seconds with high accuracy. Your data stays secure during the process, providing a fast and reliable way to handle legal documentation without the risk of manual entry errors.
Many Cook County forms use certification under 735 ILCS 5/1-109 rather than a traditional notary seal. Ensure you sign and date these sections correctly, as these statements are made under penalty of perjury and are essential for the document's legal validity.
In forcible detainer cases, you typically cannot file a Notice by Posting until the original summons has been returned by the Sheriff or process server as 'not found.' Filing these forms out of order can result in the service being ruled invalid during your court date.
For eviction-related notices, the description of the premises must be exact, including specific unit numbers, apartment letters, or floor levels. An incomplete address on a Notice by Posting (CCM 0086) may prevent the Sheriff from successfully executing a later order of possession.
Frequently Asked Questions
These forms are used in the Circuit Court of Cook County when a plaintiff is unable to serve a defendant personally through a sheriff or process server. They allow the legal process to move forward by providing 'constructive service' through public posting or newspaper publication, ensuring the court has jurisdiction to hear the case.
You should use this affidavit when you have made a 'diligent inquiry' to find the defendant but have been unsuccessful. This typically applies if the defendant is out of state, is concealing their whereabouts, or cannot be found after multiple attempts at personal service.
While the Affidavit for Service by Publication can be used in various civil matters, the Notice by Posting (CCM 0086) is specifically designed for forcible detainer or eviction cases. It is used to notify a tenant of a pending trial when they cannot be personally served with a summons.
Completed forms must be filed with the Clerk of the Circuit Court of Cook County. Most filings in Illinois now require electronic submission through the state's e-filing system, though exemptions may apply for certain users or emergency situations.
Yes, AI tools like Instafill.ai can be used to fill out Cook County court forms in under 30 seconds. The AI accurately extracts data from your source documents and places it into the correct fields on the PDF, reducing manual entry errors.
Diligent inquiry requires the person filing the form to show they made a genuine, good-faith effort to locate the defendant. This often involves checking public records, searching directories, or contacting the defendant's last known employer or relatives before resorting to service by publication.
Filling out these legal forms manually can take quite some time, but using an automated tool can complete the process in less than 30 seconds. This allows you to generate ready-to-file documents by simply uploading your case information.
Because these forms are filed under penalty of law pursuant to the Illinois Code of Civil Procedure, accuracy is critical. Providing false information or failing to follow service rules can result in your case being delayed, dismissed, or your judgment being overturned later.
Many modern Cook County forms, such as the CCG 0013, allow for certification under Section 1-109 of the Illinois Code of Civil Procedure. This means the signer declares the statements are true under penalty of perjury, which often removes the requirement for a traditional notary public stamp.
If a defendant is served via posting and fails to appear in court on the date listed on the Notice by Posting, the judge may enter a default judgment. This typically grants the plaintiff possession of the property and may lead to an eviction order being placed with the Sheriff.
Glossary
- Forcible Detainer
- The legal term used in Illinois for an eviction lawsuit where a property owner seeks to regain possession of the premises from a tenant or occupant.
- Service by Publication/Posting
- A method of providing legal notice to a defendant by publishing a notice in a newspaper or posting it in public buildings when the defendant cannot be found for personal delivery.
- Diligent Inquiry
- A required, documented effort to locate a defendant's current address or whereabouts before the court will permit alternative methods of service.
- Affiant
- The person who signs the affidavit and swears under penalty of law that the information provided in the document is true and accurate.
- Constructive Service
- Legal notice that is not delivered personally to the defendant but is legally sufficient to allow a case to proceed, typically via publication or posting.
- 735 ILCS 5/1-109
- A specific Illinois statute that allows a person to verify a court document by certification under penalty of perjury, often removing the need for a notary public.
- Default Judgment
- A ruling granted by the court in favor of the plaintiff because the defendant failed to appear in court or file a response by the required deadline.
- Appearance
- A formal legal document filed with the Circuit Court Clerk that notifies the court and the other parties that a person is participating in the lawsuit.