Insights

New Law on Service of Process in Cook County: Key Change and Implications

A new bill has been signed into law, which impacts service of process in Cook County. Previously, the Illinois Code of Civil Procedure required that service within Cook County be placed with the Cook County Sheriff’s Office before a private detective or registered employee of a private detective agency could be appointed to serve process. See 735 ILCS 5/2-202. Now, private detectives – or employees of private detective agencies – may serve process without requiring appointment by the court. If such a process server is used, the party obtaining service must remit a $5 service fee to the Cook County Sheriff. Id.

By allowing private detectives to serve process statewide, the amendment provides greater flexibility and potentially quicker service times, as the Cook County Sheriff is no longer the sole option. The effective date of the new law is January 1, 2025. For any specific inquiries or further discussion on how these changes might affect your cases, feel free to reach out to our team at Schain Banks Kenny and Schwartz.