Illinois HB1391 mandates that if a defendant refuses to waive service of a summons, the court must impose certain expenses on the defendant.
Illinois HB1391 amends the Code of Civil Procedure to remove the option for a defendant to refuse to waive service of a summons. If a defendant located within the United States fails to sign and return a waiver requested by a plaintiff within the United States, the court must impose on the defendant the expenses incurred in making service and the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses.
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