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91_HB0425
LRB9101844KSsb
1 AN ACT to amend the Illinois Vehicle Code by changing the
2 heading of Article III of Chapter 10 and Section 10-301.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing the heading of Article III of Chapter 10 and Section
7 10-301 as follows:
8 (625 ILCS 5/Chap. 10, Art. III heading)
9 ARTICLE III. PROCESS ON NON-RESIDENT; OTHERS
10 (625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
11 Sec. 10-301. Service of process on non-resident; others.
12 (a) The use and operation by any person or his duly
13 authorized agent or employee of a vehicle over or upon the
14 highways of the State of Illinois, shall be deemed an
15 appointment by such person of the Secretary of State to be
16 his true and lawful attorney upon whom may be served all
17 legal process in any action or proceeding against him,
18 growing out of such use or resulting in damage or loss to
19 person or property, and the use or operation shall be
20 signification of his agreement that such process against him
21 which is so served, shall be of the same legal force and
22 validity as though served upon him personally. Service of
23 process is permitted under this Section only if one of the
24 following applies: if such
25 (1) The person is a non-resident of this State or
26 at the time a cause of action arises is a resident of
27 this State but subsequently becomes a non-resident of
28 this State., or in the event
29 (2) The vehicle is owned by a non-resident and is
30 being operated over and upon the highways of this State
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1 with the owner's express or implied permission.
2 (3) The court orders special service pursuant to
3 Section 2-203.1 of the Code of Civil Procedure upon the
4 Secretary in lieu of personal service.
5 (b) Service of such process shall be made by serving a
6 copy upon the Secretary of State or any employee in his
7 office designated by him to accept such service for him, or
8 by filing such copy in his office, together with an affidavit
9 of compliance from the plaintiff instituting the action,
10 suit, or proceeding, which states that this Section is
11 applicable to the proceeding and that the plaintiff has
12 complied with the requirements of this Section, and a fee of
13 $5 and such service shall be sufficient service upon the
14 person, if notice of such service and a copy of the process
15 are, within 10 days thereafter, sent by registered mail by
16 the plaintiff to the defendant, at the last known address of
17 the defendant, and the plaintiff's affidavit of compliance
18 herewith is appended to the summons.
19 (c) The court in which the action is pending may order
20 such continuances as may be necessary to afford the defendant
21 reasonable opportunity to defend the action. The fee of $5
22 paid by the plaintiff to the Secretary of State at the time
23 of the service shall be taxed as his cost, if he prevails in
24 the action.
25 (d) The Secretary of State shall keep a record of all
26 such processes, which shall show the day and hour of such
27 service.
28 (e) When a final judgment is entered against any
29 non-resident defendant who has have not received notice and a
30 copy of the process by registered mail, required to be sent
31 to him as above provided, and such person, his heirs,
32 legatees, executor, administrator or other legal
33 representatives, as the case may require, shall within one
34 year after the written notice given to him of such judgment,
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1 or within 5 years after such judgment, if no such notice has
2 been given, as stated above, appear and petition the court to
3 be heard regarding such judgment, and shall pay such costs as
4 the court may deem reasonable in that behalf, the person so
5 petitioning the court may appear and answer the plaintiff's
6 allegations, and thereupon such proceeding shall be had as if
7 the defendant had appeared in due time and no judgment had
8 been entered. If it appears upon the hearing that such
9 judgment ought not to have been entered against the
10 defendant, the judgment may be set aside, altered or amended
11 as shall appear just; otherwise, it shall be ordered that the
12 judgment stands confirmed against the defendant. The judgment
13 shall, after 5 years from the entry thereof, if not set aside
14 in the manner stated above, be deemed and adjudged confirmed
15 against such defendant, and all persons claiming under him by
16 virtue of any act done subsequent to the commencement of such
17 action, and at the end of the 5 years, the court may enter
18 such further orders as shall be required for the enforcement
19 of the judgment.
20 (f) Any person instituting any action, suit, or
21 proceeding who uses this Section to effect service of process
22 shall be liable for the attorney's fees and costs of the
23 defendant if the court finds that the person instituting the
24 action knew or should have known that this Section is not
25 applicable for effecting service in such action.
26 (Source: P.A. 85-412; revised 10-31-98.)