625 ILCS 5/10-301
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 10 - Civil Liability

(625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)Sec. 10-301.     Service of process on non-resident.(a) The use and operation by any person or his duly authorized agent or  employee of a vehicle over or upon the highways of the State of Illinois,  shall be deemed an appointment by such person of the Secretary of State to  be his true and lawful attorney upon whom may be served all legal process  in any action or proceeding against him, growing out of such use or  resulting in damage or loss to person or property, and the use or  operation shall be signification of his agreement that such process  against him which is so served, shall be of the same legal force and  validity as though served upon him personally if such person is a  non-resident of this State or at the time a cause of action arises is a  resident of this State but subsequently becomes a non-resident of this  State, or in the event the vehicle is owned by a non-resident and is being  operated over and upon the highways of this State with the owner's express  or implied permission.(b) Service of such process shall be made by serving a copy upon the  Secretary of State or any employee in his office designated by him to  accept such service for him, or by filing such copy in his office, together  with an affidavit of compliance from the plaintiff instituting the  action, suit, or proceeding, which states that this Section is applicable  to the proceeding and that the plaintiff has complied with the requirements  of this Section, and a fee of $5 and such service shall be sufficient service  upon the  person, if notice of such service and a copy of the process are, within 10  days thereafter, sent by registered mail by the plaintiff to the defendant,  at the last known address of the defendant, and the plaintiff's  affidavit of compliance herewith is appended to the summons.(c) The court in which the action is pending may order such continuances  as may be necessary to afford the defendant reasonable opportunity to  defend the action. The fee of $5 paid by the plaintiff to the Secretary of  State at the time of the service shall be taxed as his cost, if he prevails  in the action.(d) The Secretary of State shall keep a record of all such processes,  which shall show the day and hour of such service.(e) When a final judgment is entered against any non-resident defendant  who has not received notice and a copy of the  process by registered  mail, required to be sent to him as above provided, and such person, his  heirs, legatees, executor, administrator or other legal  representatives, as  the case may require, shall within one year after the written notice  given to him of such judgment, or within 5 years after such judgment, if no  such notice has been given, as stated above, appear and petition the court  to be heard regarding such judgment, and  shall pay such costs  as the court may deem reasonable in that behalf, the person so petitioning the court  may appear and answer the plaintiff's allegations, and thereupon such  proceeding shall be had as if the defendant had appeared  in due time and  no judgment had been entered. If it appears upon  the hearing that such  judgment ought not to have been entered against the defendant, the  judgment may  be set aside, altered or amended as shall appear just; otherwise, it shall  be ordered that the judgment stands confirmed against  the defendant. The judgment shall,  after 5 years from the entry thereof, if not set aside in the manner  stated above, be deemed and adjudged confirmed against  such defendant, and all  persons claiming under him by virtue of any act done subsequent to the  commencement of such action, and at the end of the 5 years, the court  may enter such further orders as  shall be required for the enforcement of the judgment.(f) Any person instituting any action, suit, or proceeding who uses  this Section to effect service of process shall be liable for the  attorney's fees and costs of the defendant if the court finds that the  person instituting the action knew or should have known that this Section  is not applicable for effecting service in such action.    (Source: P.A. 91-357, eff. 7-29-99.)