Motion Spindled?

[Owner2011]

What is the name of your state? IL

Hello the plaintiff was granted an Order of Possesion, single action. The defendants did not show up (maybe because they sell drugs and have records and no jobs) but managed to show up the same day to file a motion. (By the way, does the actual defendants themselves need show up to file or have a motion granted?). So the hearing to get the motion granted is scheduled on the last day before the order can be presented to the sheriff for eviction. The plaintiff has received no kind of notification that the motion was filed besides looking it up on the internet. My question is should the defendant show up (with all the evidence) at the motion hearing and try to prevent the granting of the motion? If the motion is granted is it something to worry about or is it just a delay of the execution of the Order for Possession? If the motion is granted, how many such motions can be granted in the future and about how long can this first motion delay the case?

 

[seniorjudge]

From your garbled post, I understand that you have an order of possession.

My guess is that it is good till a court says it is no good.

If that wasn't your question, then rephrase it.

 

[Owner2011]

From your garbled post, I understand that you have an order of possession.

My guess is that it is good till a court says it is no good.

If that wasn't your question, then rephrase it.

(Garbled posts is nothing new or important. Show me a human being, yourself included, that can post masterfully on every subject in the world without garbling a post?????)

Can a landlord do anything to prevent or stop a motion against an Order of Possession?

 

[Alaska landlord]

NO. it's their right and part of the legal process. You are dealing with professional deadbeats and my guess is that they will next file for an extension and use as many delay techniques as the law allows. Find yourself a good attorney you're going to need one.

 

[Owner2011]

Alright Thanks. The reason I ask is because I read somewhere that you can show up at court and sometimes the judge decides to hear the case and decide on it instead of allowing the motion.

 

[seniorjudge]

Alright Thanks. The reason I ask is because I read somewhere that you can show up at court and sometimes the judge decides to hear the case and decide on it instead of allowing the motion.

You always need to show up for every hearing.

 

[Owner2011]

You always need to show up for every hearing.

We weren't notified or invited to any hearing.

"Alright Thanks. The reason I ask is because I read somewhere that you can show up at court and sometimes the judge decides to hear the case and decide on it instead of allowing the motion."

This is NOT true?

 

[seniorjudge]

Q: Alright Thanks. The reason I ask is because I read somewhere that you can show up at court and sometimes the judge decides to hear the case and decide on it instead of allowing the motion.

A: There's a 50-50 chance, more or less. If you know of a hearing, then show up.

 

[farmgirl_48732]

The question

Could this be the question? If not I will ask it anyway. (From Michigan) The LL is granted the possession and a judgement. Tenants do not show up at the hearing. Three days pass for the judgement appeal, but on the 10th. day they want to appeal the decision that will grant them a trial. This will allow them at least another weekend before the LL can go in and file the eviction notice with the Sheriff's office. Can the tenant still be allowed to stay even though the tenant NEVER showed up at the judgement/possession hearing?

This is happeneing to me right now. Tenant is making my life a living hell. I will be going in to file the eviction at 8:00 a.m. on Monday morning. Thanks for the advice in advance.

 

[Owner2011]

Thanks Judge

Could this be the question? If not I will ask it anyway. (From Michigan) The LL is granted the possession and a judgement. Tenants do not show up at the hearing. Three days pass for the judgement appeal, but on the 10th. day they want to appeal the decision that will grant them a trial. This will allow them at least another weekend before the LL can go in and file the eviction notice with the Sheriff's office. Can the tenant still be allowed to stay even though the tenant NEVER showed up at the judgement/possession hearing?

This is happeneing to me right now. Tenant is making my life a living hell. I will be going in to file the eviction at 8:00 a.m. on Monday morning. Thanks for the advice in advance.

That is not really my question. They were allowed to file for a motion without showing up to the initial hearing so I never had any idea that they should not be given more time for that isolated reason (missing the return date hearing). My point is that if the court sees they were healthy enough to come in to file a motion and, on that same day, miss a court date then that should go against their chances of getting anything from the court. They have known this day was coming for a long time. The 1st notice they received was a 30-day not no 5-day. The law should favor good tenants not bad tenants, it's a catch-22, if that's the word.

 

[ecmst12]

If you don't go to the hearing, you will lose.

 

[Owner2011]

If you don't go to the hearing, you will lose.

Thanks well I'm sure they are hoping we don't know about the hearing.

 

[Owner2011]

By the way we already won the order of possession. So the only thing we can lose from the upcoming hearing is the opportunity to evict them now as opposed to later or much later. That's how it was told to me by a lady in the Sheriff's office. She said filing a motion only gives them more time before they have to move.

 

[Owner2011]

You do the tedious work of getting to court just to be told you guys really need to work this out yourselves. We would never ever ever go to court if we could have worked it out. Court's is no Disneyland. If you see me in a courtroom there are no other options except the court's decision. And I tried to work it out for months, one too many.

 

[Owner2011]

Countering motions

Can anybody save us a little money? I was told by a source that it is real easy to stop any motion that acts to delay the execution of an order of possession. My source just was not at liberty to tell me what that real easy step was. We hate to pay a lawyer just to tell us that. The thing is we don't yet know what motion they are going to file. I wonder if anybody knows motions so that I can send you a message with the specifics of the motion (when they file it) and you give me the countermove? Just get a legal aid lawyer? Thank You