Filing the Forcible Detainer in Illinois

 

 ILLINOIS FORCIBLE ENTRY AND DETAINER 

After 5 full days from the date you served the 5-day quit or pay notice, you proceed to the Circuit Clerk's office with the 5-day notice to file a Forcible Detainer lawsuit. You will be seeking possession and/or a money judgment. 

You can file a Forcible Detainer when you served a 10-day notice (breaking of lease) or 30-day notice (end of tenancy). But you will not be seeking a money judgment just possession. If rent does accrue then we will file a Small Claims case.

At the Circuit Clerk's office, you will be give a packet of 4 forms: 

Cover Sheet

Complaint

Summons 

Order for Possession 

When you completely fill out the documents go back to the Circuit Clerk's office and file the Forcible Entry and Detainer lawsuit. 

1. The Cover Sheet will stay in the court files with the need information. 

2. Clerk will fill in the appropriate spaces as to the time and place of the court proceedings in the Complaint and Summons

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3. Clerk will staple the Complaint and Summons together

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4. Complaint and Summons will be taken to the sheriff or licensed process server to serve the defendant the documents.

5. Possession Order will stay with you until the court hearing.

 I strongly recommend a good licensed process server to get the job done!

Before court, pick up the proof of service of the Complaint and Summons from the process server. The judge will need to be presented this document before he/she can render a judgment. Sheriff or licensed process server will attach an abode to the Complaint and Summons copy which states, location, time, date and person receiving the service.

Arrive early to your court hearing to prepare for the judge. 

Be sure to get all your paperwork in order:

Rent ledger
Daily rent amount
Lease 
Notice (if not left in court files), 
Proof of Service
Affidavit of Non-Military Service (FTA) 
Possession Order.

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