Legal Question in Civil Rights Law in Illinois

court summons

If you cannot locate some of the people you are trying to serve a summons, how can you remove their names from the complaint ?


Asked on 5/16/07, 12:39 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: court summons

If they are necessary parties to resolve the dispute, you can't.

What you can do, however, is ask the court for an extension on service, outline the problems you are having and request alternate service. Sometimes, the court will allow you to publish notice at their home, place of business or in the local papers.

What you DON'T want to do is have the case voluntarily dismissed and you not getting the case re-instated within the statute of limitations.

You can ask at the court, but you're better off contacting a lawyer on how to do this properly, and what your local judges are likely to do.

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Answered on 5/16/07, 4:41 pm


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