(735 ILCS 5/9-107.5)
Notice to unknown occupants.
(a) Service of process upon an
occupant may be had by delivering a copy of the summons and complaint naming
"unknown occupants" to the tenant or any unknown occupant or person of the age
or upwards occupying the premises.
(b) If unknown occupants are not named in the initial
and complaint and a judgment for possession in favor of the plaintiff is
entered, but the
order does not include unknown occupants and the sheriff determines
executing the judgment for possession that persons not included in the
in possession of the premises, then the sheriff shall leave with a person of
the age of 13
years or upwards occupying the premises, a copy of the order, or
if no one is present in the premises to accept the order or refuses
the order, then by posting a copy of the order on the
addition to leaving a copy of the order or posting of the
sheriff shall also
leave or post a notice addressed to "unknown occupants" that states unless any
occupants file a written petition with the clerk that sets forth the unknown
legal claim for possession within 7 days of the date the notice is posted or
left with any
unknown occupant, the unknown occupants shall be evicted from the premises. If
unknown occupants file such a petition, a hearing on the merits of the unknown
petition shall be held by the court within 7 days of the filing of the petition
with the clerk.
The unknown occupants shall have the burden of proof in establishing a legal
(c) The plaintiff may obtain a judgment for possession only and not for rent
(d) Nothing in this Section may be construed so as to vest any rights to
who are criminal trespassers, nor may this Section be construed in any way
with the ability of law enforcement officials removing persons or property from
premises when there is a criminal trespass.
(Source: P.A. 92-823, eff. 8-21-02.)