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| 1 | AMENDMENT TO SENATE BILL 1724
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 1724 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Code of Civil Procedure is amended by | ||||||
| 5 | adding Section 2-214 as follows: | ||||||
| 6 | (735 ILCS 5/2-214 new) | ||||||
| 7 | Sec. 2-214. Service of process on parties that use a post | ||||||
| 8 | office box. | ||||||
| 9 | (a) If a person, corporation, or agent or officer of a | ||||||
| 10 | corporation uses a post office box as a principal mailing | ||||||
| 11 | address, the court may enter an order allowing service of | ||||||
| 12 | process by having a person authorized to serve process under | ||||||
| 13 | Section 2-202 of this Code mail a copy of the process via both | ||||||
| 14 | regular and certified mail. | ||||||
| 15 | (b) Before an order may be entered allowing service of | ||||||
| 16 | process in the manner provided under this Section: | ||||||
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| 1 | (1) a petition asking for leave to serve process as | ||||||
| 2 | provided in this Section shall be filed, and shall have | ||||||
| 3 | attached to it an affidavit, executed by the person | ||||||
| 4 | authorized to serve process, confirming that (i) the | ||||||
| 5 | person, corporation, or agent or officer of the corporation | ||||||
| 6 | uses a post office box as a principal mailing address; and | ||||||
| 7 | (ii) the person serving the process has been unable to | ||||||
| 8 | serve process by other means; and | ||||||
| 9 | (2) the court shall consider whether service as | ||||||
| 10 | provided in this Section will result in substantial justice | ||||||
| 11 | to the parties, taking into account the following: | ||||||
| 12 | (A) evidence of a fraudulent business address of | ||||||
| 13 | the party to be served; | ||||||
| 14 | (B) repeated unsuccessful attempts to locate the | ||||||
| 15 | party to be served; | ||||||
| 16 | (C) repeated unsuccessful attempts to accomplish | ||||||
| 17 | service of process; | ||||||
| 18 | (D) the nature of the case; and | ||||||
| 19 | (E) any other factor the court deems relevant.".
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