Service by Posting in an Illinois Eviction: How to Fill Out the Court's Forms
Part of the guide: Illinois Eviction Process, Step by Step.
The Sheriff may serve the Defendants by posting under 735 ILCS 5/9-107 when the Eviction Summons cannot be served. You cannot post anything yourself. First, the server must try repeatedly and return the summons unserved. Then you sign the Affidavit for Service by Posting (ATJ 3511.3). Next, you fill out the Notice by Posting Requiring Appearance in Eviction Case (ATJ 3512.2). Its court date must be at least 10 days after the Sheriff posts. You file both forms and give the Notice to the Sheriff, who posts it and mails a copy. If the Defendants do not come to court, the judge can award possession only.
The official forms, current versions. These are the Illinois Supreme Court approved forms, hosted here and checked against the court's list each month.
- Affidavit for Service by Posting (ATJ 3511.3, version 10/26)
- Notice by Posting Requiring Appearance in Eviction Case (ATJ 3512.2, version 10/26)
How Do I Fill It Out, Field by Field?
Affidavit for Service by Posting (ATJ 3511.3)
You, the Plaintiff, sign this one-page affidavit. Do it after the server returns the Eviction Summons unserved. The form has no clerk or lawyer section, so you complete every field. Download the form (PDF, version 10/26).
| # | Field | What to write |
|---|---|---|
| 1 | County | The county where you filed the eviction case. Copy it from the Eviction Complaint. |
| 2 | Plaintiff's Name | Your full name, exactly as it appears on the Eviction Complaint. |
| 3 | Defendant's Name | Every Defendant named on the Eviction Complaint, spelled the same way. |
| 4 | Unknown Occupants | Check it only if you checked Unknown Occupants on the Eviction Complaint and the Eviction Summons. |
| 5 | Case Number | The case number the Circuit Clerk gave the case when you filed. |
| 6 | Name of Defendant | The name of each Defendant the server could not serve, as written on the Eviction Summons. |
| 7-12 | Dates | Each date the Sheriff or process server tried and failed to serve. Copy the dates from the returned Eviction Summons. |
| 13 | Why the Defendant cannot be served | Check one box only. Pick the reason you can truthfully support with facts. |
| 14 | Last known address | The Defendant's last known street address, unit number, city, state and ZIP code. Use the newest address you know. |
| 15 | Date | The date you sign the affidavit. |
| 16 | Signature | Type your name after /s/ if you file online. Sign by hand if you fill out a paper form. |
| 17 | Print Name | Your name in print. It must match the Plaintiff's name. |
| 18-20 | Phone Number, Email Address, Address | Your own phone number, email and mailing address. Check that email every day for court dates and papers. |
Notice by Posting Requiring Appearance in Eviction Case (ATJ 3512.2)
You fill out page 1 and the top of page 2. The Circuit Clerk fills in the witness date, the seal and the clerk's name. Leave fields 23 and 24 blank. Download the form (PDF, version 10/26).
| # | Field | What to write |
|---|---|---|
| 1 | County | The county where you filed the eviction case. |
| 2 | Plaintiff's Name | Your full name, exactly as it appears on the Eviction Complaint. |
| 3 | Defendant's Name | Every Defendant named on the Eviction Complaint, spelled the same way. |
| 4 | Unknown Occupants | Check it only if you checked Unknown Occupants on the Eviction Complaint and the Eviction Summons. |
| 5 | Case Number | The case number. Write it at the top of page 1 and again at the top of page 2. |
| 6 | Defendants | The names of the Defendants you serve by posting. The form already adds "and any unknown occupants." |
| 7 | Plaintiff | Your name again, as the person who seeks possession of the property. |
| 8 | Street Address | The street address of the rental property. |
| 9 | Unit Number | The unit number. Leave it blank if the property has no unit number. |
| 10 | City, State, Zip Code | The city, state and ZIP code of the rental property. |
| 11 | Court Date | The new court date. It must fall at least 10 days after the Sheriff is expected to post the Notice. |
| 12 | Court Time | The start time that the judge or the Circuit Clerk gave you. |
| 13 | a.m. or p.m. | Check the box that matches the court time. |
| 14 | Type of Court Date | Status or trial. Ask the Circuit Clerk which one it is before you write it. |
| 15-16 | In person, courtroom address and number | Check the box if court is in person. Write the courthouse address and the courtroom number. |
| 17-18 | Remote, video conference website | Check the box if the court allows a remote appearance. Write the video conference website. |
| 19 | Log-in information | The meeting ID, password and any other log-in details for the video court date. |
| 20 | Call-in number | The phone number for a telephone appearance, if the court offers one. |
| 21-22 | Circuit Clerk phone number and website | The Circuit Clerk's phone number and website. The Defendants use them to learn about the court date. |
Is Service by Posting the Same as Taping a Notice to the Door?
No. The two rules apply to different papers at different stages of the case.
The termination notice comes first. You serve the 5-day, 10-day or termination notice before you file the case. Posting that notice is valid only when nobody is in actual possession of the unit. My guide to serving an eviction notice yourself explains that rule.
Service by posting is a later step. It applies to the Eviction Summons after you file the case. Only the Sheriff can serve the Defendants by posting. You cannot post the court papers yourself.
Only the Sheriff posts the Notice by Posting Requiring Appearance in Eviction Case. If you do not follow the posting rules, the judge may make you serve the Defendants again.
When Can I Use Service by Posting?
The court's instructions say you cannot start with posting if someone lives in the property. Illinois law requires a diligent inquiry first.
A diligent inquiry means the Sheriff or process server tried every commonsense way to find and serve each Defendant. The court's instructions say it includes these efforts:
- Several attempts to serve each Defendant at the property.
- Attempts on different dates and at different times of day.
- Attempts at any other address where you know a Defendant could be served.
- A returned Eviction Summons that says the Defendant could not be served.
The statute sets no fixed number of attempts. In my suburban Cook County cases, I expect authority to post after three failed attempts. In DuPage County, the court will likely grant it after five.
Do I Need a Court Order Before the Sheriff Posts?
The statute does not require one. Under section 9-107, you file the affidavit, and the Sheriff posts and mails the Notice.
In Corlis v. Edelberg, 2018 IL App (1st) 170049, the appellate court held that section 9-107 governs posting in an eviction case.
In practice, many judges still expect a motion before they accept service by posting. Some courthouses follow the appellate decisions and some do not. I plan for the judge to ask for one.
The affidavit must be true on the day you sign it. In Equity Residential Properties Management Corp. v. Nasolo, 364 Ill. App. 3d 26 (2006), the Sheriff posted after the landlord's attorney signed the affidavit. No court order came first.
The Sheriff had tried four times in six days, all on weekdays, and only at the apartment. The tenant's workplace was on her rental application, and no one tried it there.
The appellate court vacated the eviction order and sent the case back for a hearing on the inquiry. The court listed what a diligent inquiry can include: neighbors, the workplace, a known lawyer and court records.
When that inquiry was not made, the affidavit cannot give the court jurisdiction. An order entered on it is void.
What Does the Affidavit for Service by Posting Ask Me to Swear?
You sign the Affidavit for Service by Posting under 735 ILCS 5/1-109. A knowingly false statement on it is perjury.
Paragraph 1 lists the dates the server tried and failed. Paragraph 2 asks why the Defendant cannot be served personally or by substitute service. Substitute service means service on a household member who is at least 13 years old. Paragraph 3 asks for the Defendant's last known address.
In paragraph 2, you check one of these reasons:
- The Defendant lives outside of Illinois.
- The Defendant has gone outside of Illinois.
- You know the Defendant is in Illinois, but you cannot find them despite your due and diligent inquiry.
- You cannot find the Defendant after due and diligent steps, and you know of nothing else you can do.
What Are the Steps to Serve by Posting?
The court's instructions set out the steps in this order. I follow the same order.
- Sign the Affidavit for Service by Posting. It states why you need to serve by posting.
- Fill out the Notice by Posting Requiring Appearance in Eviction Case with a new court date.
- Put the Defendants' last known address in the affidavit. The Sheriff mails the Notice to that address.
- File the Affidavit and a copy of the Notice that the Sheriff will post.
- Give the Notice to the Sheriff and pay your part of the fee.
- Go to the court date with every service paper in the case.
If the judge gave you a court date, use that date, time and courtroom. If not, call the Circuit Clerk and ask for one. The date must be at least 10 days after the Sheriff is expected to post.
Who Posts the Notice, and Who Mails It?
The Sheriff posts three copies of the Notice in three public places, near the courthouse and near the property. You never post anything yourself.
The Sheriff also mails a copy of the Notice to the Defendants' address in your affidavit. Section 9-107 gives the mailing to the Sheriff. The court's instructions tell the Plaintiff to mail it, but I leave the mailing to the Sheriff.
The Sheriff may need several copies of the Notice or other papers. Call the Sheriff's office and ask for its requirements. The DuPage County Sheriff requires four copies and takes posting requests in person only. In Cook County, you arrange the posting online.
After the posting, the Sheriff files an affidavit that proves service by posting.
How Much Time and Money Does Service by Posting Add?
The court date on the Notice must be at least 10 days after the Sheriff posts it. If the Sheriff posts later than that, the court may set an additional court date.
Personal service runs on a shorter clock. The server must serve the Eviction Summons at least 3 days before the first court date. In Cook County, the minimum is 7 days.
Timeline adjustment: if the Sheriff must post, add about 35 days to the high end of my eviction timeline tables. In my practice, posting is not often required.
The posting fee is a court cost. The Cook County Sheriff charges $60.50 per party. I name Unknown Occupants in every Cook County case, so plan on at least two parties. The DuPage County Sheriff charges $25 per property. Ask the Sheriff in any other county for its current fee.
Can I Get a Judgment for Unpaid Rent After Service by Posting?
You can ask only for possession when Defendants served by posting do not come to court. The court's instructions say the judge cannot award money in that case.
That limit covers unpaid rent. It also covers use and occupancy payments.
The limit ends when a Defendant comes to court and contests the case. The judge can then award unpaid rent. A Defendant who only watches the hearing does not change the limit.
In my experience, almost no landlord collects a money judgment against a residential tenant. I treat the possession order as the win. My section on collecting back rent explains why.
What Do I Bring to Court After Service by Posting?
The judge decides whether you did what you reasonably could to serve the Defendants in person. The judge also decides whether you followed the posting rules. If you did both, the case goes forward.
The judge may hold the trial that day or set a new trial date. Prepare for trial before you come to court. The Defendants can still challenge the service by posting.
Bring these papers to the court date:
- Every earlier affidavit of service on the Eviction Summons that shows the Defendants could not be served in person.
- The Affidavit for Service by Posting.
- The Notice by Posting Requiring Appearance in Eviction Case.
- The Sheriff's posting affidavit, if it is available.
What Mistakes Get These Forms Rejected?
- Taping the Eviction Summons or the Notice to the door yourself. Only the Sheriff can serve the Defendants by posting.
- Asking for posting before the Sheriff or process server returns the Eviction Summons unserved.
- Making every service attempt at the same time of day, or skipping another address you know about.
- Putting a court date on the Notice that falls less than 10 days after the Sheriff posts.
- Checking Unknown Occupants on a posting form when it is not checked on the Eviction Complaint and Eviction Summons.
- Checking more than one reason in paragraph 2 of the Affidavit. The form says to check one.
- Checking a reason you cannot support. The Affidavit is signed under 735 ILCS 5/1-109, and a knowingly false statement is perjury.
- Leaving the Defendants' last known address out of the affidavit. The Sheriff mails the Notice only to an address stated there.
- Filing the Affidavit without a copy of the Notice that the Sheriff will post.
- Bringing one copy to the Sheriff when the office needs more. Call first and ask for its requirements.
- Filling in the witness date or the clerk's name on the Notice. The Circuit Clerk fills in that section.
- Asking for unpaid rent at a default hearing after posting. The court's instructions allow possession only when the Defendants do not come to court.
- Signing the posting affidavit after attempts at the property only. Try the workplace and every other address you know first.
Related Guides
- How to fill out the Illinois Eviction Summons (the step before posting)
- The Illinois eviction process, step by step
- How to serve an eviction notice yourself, and why door posting fails
- Suburban Cook County evictions
- DuPage County evictions
Frequently Asked Questions
Can I tape the eviction summons to my tenant's door in Illinois?
No. Only the Sheriff can serve the Defendants by posting. The court's instructions say you cannot post the court documents yourself. Posting also comes only after the Sheriff or a process server tries repeatedly to serve the tenant in person. Then you sign the Affidavit for Service by Posting. You fill out the Notice by Posting Requiring Appearance in Eviction Case. You file both forms and give the Notice to the Sheriff, who posts it and mails a copy.
How many service attempts do I need before the Sheriff can serve by posting?
The statute sets no fixed number. The court's instructions require a diligent inquiry first. That means attempts at the property on different dates and at different times of day. It also means attempts at any other address you know. In my suburban Cook County cases, I expect authority to post after three failed attempts. In DuPage County, the court will likely grant it after five failed attempts.
Can the judge award unpaid rent if the tenant was served by posting?
Only if the tenant comes to court and contests the case. If the tenant does not appear, you can ask only for possession of the property. The judge cannot award unpaid rent or use and occupancy payments in that case. A tenant who only watches the hearing does not change this. In my experience, almost no landlord collects a money judgment against a residential tenant, so I treat the possession order as the win.
What court date goes on the Notice by Posting Requiring Appearance in Eviction Case?
Use a new court date at least 10 days after the Sheriff is expected to post the Notice. If the judge already gave you a date, write that date, time and courtroom. If not, call the Circuit Clerk and ask for a court date. The Sheriff must post at least 10 days before that date. If the posting is late, the court may set an additional court date.
How much does the Sheriff charge to serve an eviction by posting?
The Cook County Sheriff charges $60.50 per party for posting. I name Unknown Occupants in every Cook County case, so plan on at least two parties. The DuPage County Sheriff charges $25 per property and requires four copies. Other counties set their own fees. Call the Sheriff's office before you file the Notice and ask for its fee and its copy requirements.
Who signs the Affidavit for Service by Posting?
The Plaintiff signs it. The Plaintiff is usually the landlord or owner who filed the eviction case. You sign under 735 ILCS 5/1-109, so a knowingly false statement is perjury. If you file online, type your name after /s/. If you fill out a paper form, sign and print your name. If a corporation or LLC owns the property, it must hire a lawyer to file the case.
Sources
The Illinois Supreme Court publishes these forms and instructions at ilcourts.info/eviction-forms. This guide follows the court's current versions:
- Affidavit for Service by Posting (ATJ 3511.3, 10/26)
- Notice by Posting Requiring Appearance in Eviction Case (ATJ 3512.2, 10/26)
- How to File & Present an Eviction Case (ATJ 3501.5, 10/26)