Defendant avoiding summons

[mediabox]

Illinois

Defendant knows I'm coming since I had my attorney send a settlement offer for $1000 on damages to my property due to a leak above in the condo complex (defendant is a landlord and rents the condo out). Defendant ignored the offer so I began a Small Claims lawsuit and on the first court appearance I asked for a continuance because the sheriff failed to serve the papers (I did not serve via US mail because of my naivety). Now on the 2nd try I decided to do certified mail but no sherriff. Tracking number shows package has not been picked up and a note left on the door. My 2nd court date is approaching and want to know what I should do.

Case if simple, and defendant has no defense. Leak is confirmed by HOA that it was not from common area and is unit owners are responsibility to maintain.

I've heard judges have authority to rule even w/o defendant? Am I there yet?

Thanks in advance.

 

[Ohiogal]

Illinois

Defendant knows I'm coming since I had my attorney send a settlement offer for $1000 on damages to my property due to a leak above in the condo complex (defendant is a landlord and rents the condo out). Defendant ignored the offer so I began a Small Claims lawsuit and on the first court appearance I asked for a continuance because the sheriff failed to serve the papers (I did not serve via US mail because of my naivety). Now on the 2nd try I decided to do certified mail but no sherriff. Tracking number shows package has not been picked up and a note left on the door. My 2nd court date is approaching and want to know what I should do.

Case if simple, and defendant has no defense. Leak is confirmed by HOA that it was not from common area and is unit owners are responsibility to maintain.

I've heard judges have authority to rule even w/o defendant? Am I there yet?

Thanks in advance.

Nope. You are not there yet. Defendant needs served. If he doesn't pick up the certified mail, you can then move to regular mail.

 

[latigo]

Illinois

Defendant knows I'm coming since I had my attorney send a settlement offer for $1000 on damages to my property due to a leak above in the condo complex (defendant is a landlord and rents the condo out). Defendant ignored the offer so I began a Small Claims lawsuit and on the first court appearance I asked for a continuance because the sheriff failed to serve the papers (I did not serve via US mail because of my naivety). Now on the 2nd try I decided to do certified mail but no sherriff. Tracking number shows package has not been picked up and a note left on the door. My 2nd court date is approaching and want to know what I should do.

Case if simple, and defendant has no defense. Leak is confirmed by HOA that it was not from common area and is unit owners are responsibility to maintain.

I've heard judges have authority to rule even w/o defendant? Am I there yet?

Thanks in advance.

About this mailing business.

I get the impression that you took it upon yourself to send a copy of the summons by certified mail (RR). Otherwise, how would you have access to the tracking number?

If that is true, and if even you get a return receipt showing delivery to the addressee, it wouldn't constitute an effective service of process. This method of serving the summons (in lieu of delivery in hand) can ONLY be initiated by the clerk of the court. (See: Illinois Supreme Court Rules - Article II - Rules on Civil Proceedings in the Trial Court - Part I Small Claims - Rule 284. Service by Certified or Registered Mail)

(Here, please note that contrary to what has been earlier mentioned, there is no means under Illinois Rules available to the plaintiff whereby service of summons can be obtained simply with the use of "regular mail".)

___________________

Also, I'm curious as to how you intend to sustain your burden of proof with convincing evidence that anyone's negligence - the owner/occupant of the unit above, or that of any other person - was the proximate cause of the damage to your condo unit.

For instance, how do you intend to trace the damage to a specific source. And then show that someone's negligence created the source.

It sounds to me that you intend to approach the lawsuit on the weakness of the defense rather than the strength of your case. And that is a trap that has turned a lot of lawyers towards looking for honest employment.

 

[mediabox]

About this mailing business.

I get the impression that you took it upon yourself to send a copy of the summons by certified mail (RR). Otherwise, how would you have access to the tracking number?

The courthouse handled the mailing of the summons - not me. Maybe they thought I was an attorney.

Also, I'm curious as to how you intend to sustain your burden of proof with convincing evidence that anyone's negligence - the owner/occupant of the unit above, or that of any other person - was the proximate cause of the damage to your condo unit.


For instance, how do you intend to trace the damage to a specific source. And then show that someone's negligence created the source.

The association puts up notices near the front door where the mailbox's are. This notice is posted anually in the spring and informs folks to check the condensate lines. It states:

Due to the occurrence of several leaks, the Board of Directors is requesting that all residents check their A/C condensate lines that run from the A/C unit to the common drain regularly to ensure they are functioning properly.

The lines can be checked by disconnecting the flexible hose from the A/C unit, pour water through the hose, and check for leakage through the hole cut into the plywood platform. If water backs up out of the hose, the line is clogged and needs to be cleared.

Failure to monitor this line could result in water damage to your unit and others in the building.

To prove the source I have a voicemail with an apology from the unit owner that states exactly that the above happened.

As a follow up question, how can I bring and play back the recording for the judge to hear? Cell Phones are not allowed in the courthouse. Are tape recorders allowed?

 

[quincy]

... As a follow up question, how can I bring and play back the recording for the judge to hear? Cell Phones are not allowed in the courthouse. Are tape recorders allowed?

You need to get permission from the court in advance in order to bring electronic devices into the courtroom.

 

[mediabox]

How do I go about getting permission? Is there a form that I can fill out?

Can I post the recording on youtube and instruct them to visit the link during the hearing?

Looks like I can bring a tape player? http://www.dupageco.org/courts/2381/, might be easier.