Suppressing an eviction.

[Ascalapius]

What is the name of your state (only U.S. law)? Illinois

Hello everyone.
I live in illinois & have a eviction filed against me. I have moved out of the apartment and tried to mediate with the landlord but he did not want to & filed it anyway. I was lucky to get an apartment before this filing happened (plain luck). I would like to suppress the eviction. How does one go about doing that? Thank you!

 

[adjusterjack]

OK, he filed an eviction, meaning you were served with a summons to court attached to an eviction complaint.

What happened next?

Did you file a response?

Did you appear in court?

What did you say?

What did he say?

Or did you not show up at all?

How and why did the judge rule?

Have you got any paperwork about the ruling?

What does it say?

Whether or not you can "suppress" the eviction (whatever that means) depends on your answers to the above questions though I suspect that the landlord got a writ of possession which is the equivalent of a judgment against you that now appears on your credit reports. If that's the case, then there isn't anything you can do to get it off your record if that's what you are asking.

 

[Ascalapius]

A bit of background. The apartment was part of an employment package. Being an ‘at will’ employee, I was separated very suddenly (5pm, Friday) and given 7 days to vacate. I could not do this as I have a 4 year old and a wife. This was at the start of the month. Nonetheless, I found a new apartment and signed a lease (prior to any eviction being filed I assume). I moved out 2 days ago. The only way I found out I had an eviction was when the sheriff turned up at our building and the Doorstaff told them we had moved out a day ago. The Doorstaff let us know later. We checked the online public records.

In summary, I have an eviction for an apartment I already moved out of.

What are my options ?

 

[Ohiogal]

A bit of background. The apartment was part of an employment package. Being an ‘at will’ employee, I was separated very suddenly (5pm, Friday) and given 7 days to vacate. I could not do this as I have a 4 year old and a wife. This was at the start of the month. Nonetheless, I found a new apartment and signed a lease (prior to any eviction being filed I assume). I moved out 2 days ago. The only way I found out I had an eviction was when the sheriff turned up at our building and the Doorstaff told them we had moved out a day ago. The Doorstaff let us know later. We checked the online public records.

In summary, I have an eviction for an apartment I already moved out of.

What are my options ?

You overstayed. You owe rent for the month of November. Did you pay it? Why do you think you can "suppress" the eviction?

 

[Ohiogal]

Look here:
http://www.cookcountycourt.org/ABOUTTHECOURT/MunicipalDepartment/FirstMunicipalDistrictChicago/EvictionsForcibleEntryDetainer.aspx
http://www.nairlawllc.com/uploads/1/3/2/2/13222392/eviction_and_rent_claim.pdf

 

[adjusterjack]

The only way I found out I had an eviction was when the sheriff turned up at our building and the Doorstaff told them we had moved out a day ago. The Doorstaff let us know later. We checked the online public records.

Was the sheriff there to serve you the summons and complaint or to put you out?

The online docket won't tell you much. You have to get all the court documents from the court house.

If you weren't properly served the summons and complaint you might be able to get the judgment set aside.

But you won't know what happened, or what to do, without a complete copy of the case file.

 

[latigo]

What is the name of your state (only U.S. law)? Illinois

Hello everyone.
I live in illinois & have a eviction filed against me. I have moved out of the apartment and tried to mediate with the landlord but he did not want to & filed it anyway. I was lucky to get an apartment before this filing happened (plain luck). I would like to suppress the eviction. How does one go about doing that? Thank you!

You post is unclear. For one thing in Illinois the landlord's cause of action to recover possession of the apartment would be by way of an action for unlawful detainer or ejectment, not eviction. (735 ILC 5/9 -207(b).

Secondly, your expression "filed against me" is ambiguous. What do you mean "we checked the online public records"? What record? A record of the landlord filing the complaint? A record of a judgment for possession of the premises, or what?

Also your word "suppress" has no meaning in this context. Certain matters may be subject to being suppressed and denied admission into evidence, but a complaint for relief is not suppressed nor is a defense to a claim for relief suppressed.

Since you vacated the apartment prior to any filing your proper defense would be to file a motion and affidavit for an involuntary dismissal of the claim on the grounds that ''the plaintiff's claim as set forth in the pleading has been satisfied". The affidavit to state the circumstances and time of your vacating the apartment. (735 ILC 5/0-619(a)(6)

Whether you can assert that defense now or must first move to set aside an existing judgment of possession is completely unknown here. But it doesn't appear that you have ever been served with process.

 

[Ascalapius]

Thank you everyone for your replies.
Am a non lawyer type person trying to navigate this.
Suppress is the wrong word then, it would be a dismissal of this eviction that was never served.
Never received the actual ‘summons’ from the sheriff. We left the apartment by the time he showed up.
We are exploring our options to sue the company for my separation. At one point, we were asked to pay a pro rated rent and sign a legal release for my separation in exchange for no eviction being filed. We replied that we were happy to pay the rent and stated the day of our move out from the apartment. But, we would not sign a release. I suspect the company were not happy with this answer.
My main aim is to not have this eviction on my record.

 

[Zigner]

Thank you everyone for your replies.
Am a non lawyer type person trying to navigate this.
Suppress is the wrong word then, it would be a dismissal of this eviction that was never served.
Never received the actual ‘summons’ from the sheriff. We left the apartment by the time he showed up.
We are exploring our options to sue the company for my separation. At one point, we were asked to pay a pro rated rent and sign a legal release for my separation in exchange for no eviction being filed. We replied that we were happy to pay the rent and stated the day of our move out from the apartment. But, we would not sign a release. I suspect the company were not happy with this answer.
My main aim is to not have this eviction on my record.

You have no idea HOW service was performed without looking at the court file. It's entirely possible that you were properly served. You need to see how service was performed by looking at the court file. Go to the court and look at the file.

 

[Ohiogal]

Thank you everyone for your replies.
Am a non lawyer type person trying to navigate this.
Suppress is the wrong word then, it would be a dismissal of this eviction that was never served.
Never received the actual ‘summons’ from the sheriff. We left the apartment by the time he showed up.
We are exploring our options to sue the company for my separation. At one point, we were asked to pay a pro rated rent and sign a legal release for my separation in exchange for no eviction being filed. We replied that we were happy to pay the rent and stated the day of our move out from the apartment. But, we would not sign a release. I suspect the company were not happy with this answer.
My main aim is to not have this eviction on my record.

DID you read what I posted?

 

[latigo]

Thank you everyone for your replies.
Am a non lawyer type person trying to navigate this.

Suppress is the wrong word then, it would be a dismissal of this eviction that was never served.

Never received the actual ‘summons’ from the sheriff. We left the apartment by the time he showed up.

We are exploring our options to sue the company for my separation. At one point, we were asked to pay a pro rated rent and sign a legal release for my separation in exchange for no eviction being filed. We replied that we were happy to pay the rent and stated the day of our move out from the apartment. But, we would not sign a release. I suspect the company were not happy with this answer.
My main aim is to not have this eviction on my record.

Listen! There is no reason whatsoever to discuss your situation until the status of the lawsuit has been determined. So do as Zigner has mentioned. Go to the office of the clerk of the court in the county courthouse, ask to see the court file and read it!

Then if you like, we can talk without speculation.

 

[Ascalapius]

Woah! As I mentioned, I am not a lawyer. If I talked to my patients this, I’d be out of a job. What may be evident to you is not to me. So, please watch your tone.

 

[Zigner]

Woah! As I mentioned, I am not a lawyer. If I talked to my patients this, I’d be out of a job. What may be evident to you is not to me. So, please watch your tone.

We're volunteers here.

 

[Ascalapius]

Being a volunteer doesn’t excuse you for being rude. Understand this, What maybe routine for you is often a once in a lifetime experience for the person sitting opposite you. So, in dispensing your advice, there is absolutely no need or reason to condescend. If you want to be a skilled communicator, please develop the essential insight of awareness of the emotional valence of your words.

I’ll leave you with that.

 

[Shadowbunny]

. At one point, we were asked to pay a pro rated rent and sign a legal release for my separation in exchange for no eviction being filed. We replied that we were happy to pay the rent and stated the day of our move out from the apartment. But, we would not sign a release.

If you want to be a skilled communicator, please develop the essential insight of awareness of the emotional valence of your words.

I have a feeling you may have shot yourself in the foot by refusing their offer. Why wouldn't you sign the release? Did you feel you had a case for some sort of wrongful termination?

And I'm unsure as to why you think 1) communication was unskilled 2) why such communication was rude and 3) what emotional valence has to do with anything that was communicated. You were told (clearly and skillfully) to go to the courthouse and look at the service documents. It's been a week, yet apparently you've not done so. When told (again) that there's not much that anyone here can do for you until you've demonstrated some self-sufficiency, you imputed your own emotional valence and declared the volunteers to be rude. Had you completed that one task and reported the results back here, you could have been given useful advice. But since you'd rather stomp your feet and throw out a psychology 101 term in order, I suppose, to shame? That's not how it works here.