Cal. Civ. Code § 9-304
Notice to non-residents. When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or has departed from this state, or on due inquiry cannot be found, or is concealed within this state, and the affiant states the place of residence of the defendant, if known, and if not known, that upon diligent inquiry he or she has not been able to ascertain the same, notice may be given as in attachment cases
Operative Text
Notice to non-residents. When it appears, by affidavit filed in the court where such proceeding is pending, that the defendant is a nonresident or has departed from this state, or on due inquiry cannot be found, or is concealed within this state, and the affiant states the place of residence of the defendant, if known, and if not known, that upon diligent inquiry he or she has not been able to ascertain the same, notice may be given as in attachment cases.
Under 735 Ill. Comp. Stat. 5 § 9-304, when a defendant in a court proceeding cannot be personally served because they are a nonresident, have left Illinois, cannot be located after reasonable effort, or are hiding within the state, the court may allow an alternative form of notice. To trigger this process, someone must file an affidavit with the court stating the defendant's known address or explaining that diligent inquiry failed to uncover it. When those conditions are met, notice may be given using the same method allowed in attachment cases under Illinois law.
Plain English — not legal advice.
Landlords pursuing eviction or related proceedings under Illinois law should be aware that 735 Ill. Comp. Stat. 5 § 9-304 provides a procedural path when a defendant-tenant cannot be located for standard service. A compliant operator documents genuine efforts to find the tenant's address before filing the required affidavit with the court. Operators typically ensure the affidavit accurately reflects what is known about the tenant's whereabouts and certifies that diligent inquiry was made when the address remains unknown.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants should know that 735 Ill. Comp. Stat. 5 § 9-304 allows a court proceeding to move forward even if the tenant is not personally served, provided the other party files a proper affidavit and follows the notice procedures used in attachment cases. This means a judgment could potentially be entered without a tenant's direct awareness if they are unreachable or have moved without leaving a forwarding address. Tenants who believe they were not properly notified of a proceeding may have grounds to raise that issue in court, and tenant-rights organizations in Illinois can help explain what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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