Full question:
Long story short, I live in Oregon, ex-husband lives in Chicago. Divorce was granted in Cook County. He is taking me to court, for modification of child support, I have custody. I am pro se. I need to subpoena his tax and bank records for court. Is there some sort of Interstate version of this and can I just send the subpoena to his attorney as I do not have his address?
- Category: Divorce
- Subcategory: Modification
- Date:
- State: Oregon
Answer:
Generally, a person may be prohibited from making service on a person's attorney unless the attorney has been appointed as agent for acceptance of service. The following are Illinois statutes:
735 ILCS 5/2-203. Service on individuals.
1. Except as otherwise expressly provided, service of summons upon an individual defendant shall be made:
1. by leaving a copy of the summons with the defendant personally,
2. by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode, or
3. as provided in Section 1-2-9.2 of the Illinois Municipal Code with respect to violation of an ordinance governing parking or standing of vehicles in cities with a population over 500,000. The certificate of the officer or affidavit of the person that he or she has sent the copy in pursuance of this Section is evidence that he or she has done so.
735 ILCS 5/2-203.1. Service by special order of court.
If service upon an individual defendant is impractical under items (1) and (2) of subsection (a) of Section 2-203, the plaintiff may move, without notice, that the court enter an order directing a comparable method of service. The motion shall be accompanied with an affidavit stating the nature and extent of the investigation made to determine the whereabouts of the defendant and the reasons why service is impractical under items (1) and (2) of subsection (a) of Section 2-203, including a specific statement showing that a diligent inquiry as to the location of the individual defendant was made and reasonable efforts to make service have been unsuccessful. The court may order service to be made in any manner consistent with due process. (Source: P.A. 87-1165.)
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
