What is the name of your state? IL
Can a tenant do anything to prevent an eviction?
My dad had an eviction scheduled for Jan. 4th, but since there were more people in the apartment the sheriff could not evict. From what I understand my dad has to file a case inquiry and pay thirty dollars to have the sheriffs come back and finish the eviction. Then, they'll evict every one in the apt. (case inquiry to be done on Tuesday, 10 days after the first attempt of eviction)
Now, the tenant's have filed, what seems to be an "emergency motion." My dad failed to get a notice for this court date and missed it. This isn't the first time he's failed to get a notice for a court date...and we are suspicious of the tenants ... since they wait every day for the mail man and actually go through all of our mail. But that's besides the point...
My question is, can this emergency motion stop the eviction? Is it damaging on my dad's behalf that he didn't attend court?
I'd appreciate any input/help. Thank you!
this is the case activity as seen on the online record...
Activity Date: 11/5/2007 Participant: Landlord Name
JOINT ACTION COMPLAINT FILED
Court Date: 11/19/2007
Court Time: 0930
Judgment Amount: 2750.00
Attorney: PRO SE
Activity Date: 11/7/2007 Participant: Tenant Name
SUMMONS RETURNED - N.S. REASON: MOVED
Court Date: 11/7/2007
Activity Date: 11/19/2007 Participant: Tenant Name
ASSESS COSTS - ALLOWED -
Judge: XXXXX
Microfilm: XXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
EX-PARTE JUDGMENT - ALLOWED -
Judgment Amount: 2200.00
Judge: XXXXXX
Microfilm: XXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - ALW
Court Date: 11/26/2007
Judge: XXXXXX
Microfilm: XXXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
ORDER FOR POSSESSION
Judge: XXXXXXXX
Microfilm: XXXXXXXXX
Activity Date: 11/26/2007 Participant: Tenant Name
NOTICE OF MOTION FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
PROOF OF SERVICE FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
MOTION FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
MOTION SPINDLED
Court Date: 12/7/2007
Court Time: xxx
Court Room: xxx
Attorney: PRO SE
Activity Date: 12/7/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - DENIED -
Judge: xxxxxxxxxx
Microfilm: xxxxxxx
Activity Date: 12/10/2007 Participant: Tenant Name
NOTICE OF MOTION FILED
Attorney: PRO SE
Activity Date: 12/10/2007 Participant: Tenant Name
MOTION FILED
Attorney: PRO SE
Activity Date: 12/10/2007 Participant: Tenant Name
MOTION SPINDLED
Court Date: 12/21/2007
Court Time: xxx
Court Room: xxx
Attorney: PRO SE
Activity Date: 12/21/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - DENIED-
Judge: xxxxxxxx
Microfilm: xxxxxxx
Activity Date: 1/10/2008 Participant: Tenant Name
EMERGENCY MOTION FILED
Court Date: 1/14/2008
Court Time: xxx
Court Room: xxx
Attorney: PRO SEWhat is the name of your state?What is the name of your state?
Can a tenant do anything to prevent an eviction?
My dad had an eviction scheduled for Jan. 4th, but since there were more people in the apartment the sheriff could not evict. From what I understand my dad has to file a case inquiry and pay thirty dollars to have the sheriffs come back and finish the eviction. Then, they'll evict every one in the apt. (case inquiry to be done on Tuesday, 10 days after the first attempt of eviction)
Now, the tenant's have filed, what seems to be an "emergency motion." My dad failed to get a notice for this court date and missed it. This isn't the first time he's failed to get a notice for a court date...and we are suspicious of the tenants ... since they wait every day for the mail man and actually go through all of our mail. But that's besides the point...
My question is, can this emergency motion stop the eviction? Is it damaging on my dad's behalf that he didn't attend court?
I'd appreciate any input/help. Thank you!
this is the case activity as seen on the online record...
Activity Date: 11/5/2007 Participant: Landlord Name
JOINT ACTION COMPLAINT FILED
Court Date: 11/19/2007
Court Time: 0930
Judgment Amount: 2750.00
Attorney: PRO SE
Activity Date: 11/7/2007 Participant: Tenant Name
SUMMONS RETURNED - N.S. REASON: MOVED
Court Date: 11/7/2007
Activity Date: 11/19/2007 Participant: Tenant Name
ASSESS COSTS - ALLOWED -
Judge: XXXXX
Microfilm: XXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
EX-PARTE JUDGMENT - ALLOWED -
Judgment Amount: 2200.00
Judge: XXXXXX
Microfilm: XXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - ALW
Court Date: 11/26/2007
Judge: XXXXXX
Microfilm: XXXXXX
Activity Date: 11/19/2007 Participant: Tenant Name
ORDER FOR POSSESSION
Judge: XXXXXXXX
Microfilm: XXXXXXXXX
Activity Date: 11/26/2007 Participant: Tenant Name
NOTICE OF MOTION FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
PROOF OF SERVICE FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
MOTION FILED
Attorney: PRO SE
Activity Date: 11/26/2007 Participant: Tenant Name
MOTION SPINDLED
Court Date: 12/7/2007
Court Time: xxx
Court Room: xxx
Attorney: PRO SE
Activity Date: 12/7/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - DENIED -
Judge: xxxxxxxxxx
Microfilm: xxxxxxx
Activity Date: 12/10/2007 Participant: Tenant Name
NOTICE OF MOTION FILED
Attorney: PRO SE
Activity Date: 12/10/2007 Participant: Tenant Name
MOTION FILED
Attorney: PRO SE
Activity Date: 12/10/2007 Participant: Tenant Name
MOTION SPINDLED
Court Date: 12/21/2007
Court Time: xxx
Court Room: xxx
Attorney: PRO SE
Activity Date: 12/21/2007 Participant: Tenant Name
STAY OF ENFORCEMENT OF ORDER OF POSSESSION - DENIED-
Judge: xxxxxxxx
Microfilm: xxxxxxx
Activity Date: 1/10/2008 Participant: Tenant Name
EMERGENCY MOTION FILED
Court Date: 1/14/2008
Court Time: xxx
Court Room: xxx
Attorney: PRO SEWhat is the name of your state?What is the name of your state?