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What Will Happen on the 3rd Court Trial Date

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  • 02-03-2009, 06:12 PM
    frustrated2009
    What Will Happen on the 3rd Court Trial Date
    My question involves landlord-tenant law in the State of: Illinois

    I have a tenant who rented my apt. about 5 months ago. Since Dec., he stopped paying rent saying he is laid off. I filled the evication case with Cook county.

    On the first court date, the guy did not show up and I was sent away, after being told that the summon could not be served;

    So I filed another time and get a second court date.

    On the second court date, the guy did show up, however request to get an attorney, so the judge sent me away and give me a third court date

    My tenant has a history of not paying rent and obviously knows how to play with the system ...

    Next week I have to go on the third court date, I wonder what can happen, what I should prepare and how should I be prepared. How long this can drag on?

    Thanks in advance for your help
  • 02-03-2009, 06:46 PM
    M'sta Mikey
    Re: What Will Happen on the 3rd Court Trial Date
    Please note that I am NOT an attorney and the experts here might just shoot me down but they know what they're talking about so please, read and heed what they say.

    At the 3rd hearing hearing:

    If the defendant appears with his attorney, be prepared to argue your case or be prepared for another continuance if the defendants attorney so requests (to gather additional information).

    If the defendant appears without an attorney and requests another continuance, ask the judge to grant a motion for summary judgment based on the fact the defendant was properly served, appeared, requested and was granted, the a continuance on the premise that he was to hire counsel and has failed to do so. (If he's unemployed, that's a little hard to do.)

    If the defendant fails to appear, chances are good that the judge will grant you default judgment and you can proceed with the eviction. If the judge grants another continuance, the so be it.
  • 02-04-2009, 02:13 PM
    frustrated2009
    Re: What Will Happen on the 3rd Court Trial Date
    Hello, thanks so much.

    My guess is that my tenant may take either the first or second route.

    In the first scenario, he may appear with an attorney (since it is free in Chicago). What should I do?

    As for the second scenario, the defendant is indeed unemployed (he said he was laid off in December.), what do I do?

    Is there a maximum time frame for how long this can be dragged on?

    Can you answer me, thanks for much
  • 02-04-2009, 02:15 PM
    frustrated2009
    Re: What Will Happen on the 3rd Court Trial Date
    Is there a number I can call? Should I hire an attorney? I am afraid if I miss my work weekly like this, I would get fired myself
  • 02-14-2009, 05:09 AM
    frustrated2009
    Re: What Will Happen on the 3rd Court Trial Date
    This is what happened on the 3rd court date. Again, I did not not even get a trial. My tenant has taken a step to file juror demand, about something I am not even sure. I did hire an attorney, the attorney said he complained I did not inform him about the approximate gas bill.

    So looks like this will drag on. And my tenant has not paid me any rent.

    I have two questions:

    How can I get him out? It is my property, I am paying mortgage, he is not paying anything.

    Is there not a consequence for an ungrounded lawsuit? How long can it last?
  • 02-15-2009, 11:23 AM
    jeanguy84
    Re: What Will Happen on the 3rd Court Trial Date
    If you have hired an attorney, talk to him or her. They will have the answers to those questions.
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