2-206.Service by publication; affidavit; mailing; certificate.

Article II. Civil Practice · Part 2. Process · Last amended 2022 · Last verified July 20, 2026

In one sentenceLets a plaintiff serve a defendant by newspaper publication when an action affects property or status and the defendant cannot otherwise be found or served, requires a supporting affidavit and follow-up mailing, sets a separate publication procedure for certain Article XV Part 15 actions, and allows early publication in some municipal building-demolition cases.

Full Text of 735 ILCS 5/2-206

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(a) Whenever, in any action affecting property or status within the jurisdiction of the court, including an action to obtain the specific performance, reformation, or rescission of a contract for the conveyance of land, except for an action brought under Part 15 of Article XV of this Code that is subject to subsection (a-5), the plaintiff or his or her attorney shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides or has gone out of this State, or on due inquiry cannot be found, or is concealed within this State, so that process cannot be served upon him or her, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the clerk shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party. The clerk shall also, within 10 days of the first publication of the notice, send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the clerk that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.

(a-5) If, in any action brought under Part 15 of Article XV of this Code, the plaintiff, or his or her attorney, shall file, at the office of the clerk of the court in which the action is pending, an affidavit showing that the defendant resides outside of or has left this State, or on due inquiry cannot be found, or is concealed within this State so that process cannot be served upon him or her, and stating the place of residence of the defendant, if known, or that upon diligent inquiry his or her place of residence cannot be ascertained, the plaintiff, or his or her attorney, shall cause publication to be made in some newspaper published in the county in which the action is pending. If there is no newspaper published in that county, then the publication shall be in a newspaper published in an adjoining county in this State, having a circulation in the county in which action is pending. The publication shall contain notice of the pendency of the action, the title of the court, the title of the case, showing the names of the first named plaintiff and the first named defendant, the number of the case, the names of the parties to be served by publication, and the date on or after which default may be entered against such party. It shall be the non-delegable duty of the plaintiff, or his or her attorney, within 10 days of the first publication of the notice, to send a copy thereof by mail, addressed to each defendant whose place of residence is stated in such affidavit. The certificate of the plaintiff, or his or her attorney, that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so. A copy of the certificate shall be filed at the office of the clerk of the court where the action is pending.

(b) In any action brought by a unit of local government to cause the demolition, repair, or enclosure of a dangerous and unsafe or uncompleted or abandoned building, notice by publication under this Section may be commenced during the time during which attempts are made to locate the defendant for personal service. In that case, the unit of local government shall file with the clerk an affidavit stating that the action meets the requirements of this subsection and that all required attempts are being made to locate the defendant. Upon the filing of the affidavit, the clerk shall cause publication to be made under this Section. Upon completing the attempts to locate the defendant required by this Section, the municipality shall file with the clerk an affidavit meeting the requirements of subsection (a). Service under this subsection shall not be deemed to have been made until the affidavit is filed and service by publication in the manner prescribed in subsection (a) is completed.

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Plain-English Summary

Subsection (a) sets the general publication-service procedure. In an action affecting property or status within the court's jurisdiction, including certain contract actions over land, the plaintiff must file an affidavit showing that the defendant resides or has left the State, or on due inquiry cannot be found, or is concealed within Illinois, along with the defendant's residence if known. The clerk then causes publication in a newspaper in the county, or an adjoining county if none is published there, containing the notice details the subsection specifies, and mails a copy to any defendant whose address is stated in the affidavit within 10 days of first publication.

Subsection (a-5) sets a parallel procedure for actions brought under Part 15 of Article XV of this Code: there, the plaintiff, or the plaintiff's attorney, rather than the clerk, files the affidavit, causes the publication, and bears the non-delegable duty to mail a copy within 10 days, filing a certificate of that mailing.

Subsection (b) lets a unit of local government begin publication in an action to demolish, repair, or enclose a dangerous, unsafe, uncompleted, or abandoned building while it is still attempting personal service, upon filing a qualifying affidavit, but service is not complete until the subsection (a) affidavit is filed and publication under subsection (a) is finished.

Frequently Asked Questions

What must a plaintiff file before publication service can begin under subsection (a)?

An affidavit showing the defendant resides or has left the State, or on due inquiry cannot be found or is concealed, along with the defendant's residence if known.

Who arranges the newspaper publication and mailing under subsection (a)?

The clerk of the court, who causes publication in a newspaper in the county, or an adjoining county if none is published there, and mails a copy to any defendant whose address is stated in the affidavit within 10 days of first publication.

How does subsection (a-5) differ for actions under Part 15 of Article XV?

There, the plaintiff or the plaintiff's attorney, not the clerk, causes the publication and has the non-delegable duty to mail a copy within 10 days, filing a certificate of that mailing.

What must the published notice contain?

Notice of the pendency of the action, the court's title, the case title with the first-named plaintiff and defendant, the case number, the names of parties served by publication, and the date after which default may be entered.

What special rule applies to a unit of local government seeking to demolish, repair, or enclose a dangerous or abandoned building?

Under subsection (b), it may begin publication while still attempting personal service, provided it files a qualifying affidavit, but service is not complete until the subsection (a) affidavit is filed and publication finishes.

Amendment History

(Source: P.A. 101-539, eff. 1-1-20; 102-156, eff. 1-1-22; 102-558, eff. 8-20-21.)

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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