Serving Small Claims Papers in Cook County

Who arranges it

See below

Cost per defendant

Set by the server

Lawful methods

3

Filing fee

$287–$379

Who serves the papers in Cook County

The plaintiff chooses the method. At the plaintiff's request the circuit clerk will serve the summons and complaint by certified or registered mail in lieu of personal service (Rule 284); otherwise the plaintiff arranges service by the county sheriff or a court-appointed special process server.

• County sheriff — personal service
• Court-appointed special process server — personal service
• Clerk-sent certified or registered mail, return receipt requested, restricted delivery to a natural person (Rule 284) — $2 per defendant plus the cost of mailing, paid to the clerk

Certified- or registered-mail service is not proved unless the return receipt shows delivery at least 21 days before the appearance date and restricted-delivery requirements are met; if it fails, the plaintiff must re-serve by sheriff or special process server.

What the court checks, and when

Two things people get wrong about service:

• The clerk accepts your filing whether or not service is done properly — the counter is not the check.
• Whether service was good is tested later, usually when the defendant does not appear and you ask for a default.

Under Rule 284 the return receipt must show delivery at least 21 days before the day set for appearance to constitute proof of service. The clerk mails the summons and complaint and files the returned receipt.

Certified- or registered-mail service is not proved unless the return receipt shows delivery at least 21 days before the appearance date and restricted-delivery requirements are met; if it fails, the plaintiff must re-serve by sheriff or special process server.

Getting it done in the right order

1. 1. File first. The court issues the summons; you cannot serve papers that have not been issued.
2. 2. Give the server a real address. A business's registered agent address, or the person's residence. A PO box or a stale address is the most common reason service fails and the case stalls.
3. 3. Get the proof filed. The server files a return of service with the court. Without it on the docket, the court treats the defendant as never notified — however certain you are that they received it.
4. 4. Watch the hearing date. If service is not complete in time, the first date you were given at filing is wasted and the case is reset.

Common questions

Who serves small claims papers in Cook County?

The plaintiff chooses the method. At the plaintiff's request the circuit clerk will serve the summons and complaint by certified or registered mail in lieu of personal service (Rule 284); otherwise the plaintiff arranges service by the county sheriff or a court-appointed special process server.

How much does service cost in Cook County?

The court's process has a set charge; a private process server sets its own fee. Confirm with the clerk before you file.

Can I serve the papers myself in Cook County?

No. Service is done by someone who is not a party to the case — a sheriff's civil division, an authorised process server, or another permitted method. Handing them over yourself does not count.

What happens if the defendant cannot be found?

The case does not move. Courts have alternative-service procedures for that situation, but they have to be applied for and they are not automatic.