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  1. #11
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    Aug 2013
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    Default Re: Eviction Order from Court Lacking Juristiction

    Thank you everyone for all the information you have provided.

    Under the "worst that can happen is they say 'no'" theory, I would like to proceed with trying to void the default judgment.

    What is the process to request a reasonable accommodation from the court? I am permanently disabled, my only income is SSDI, and I cannot drive. It would take me hours and cost money I don't have to get to the Daley Center. I've seen judges before simply strike motions if the movant is not present. I'd like to appear by telephone.

    The old procedure to file an Application for Waiver of Court Fees was to appear in person at one of the courtrooms in the Daley Center (I can't recall which one). Now that e-filing is required, is there a new procedure to do that? Hopefully remotely?

    How likely is it the judge is not familiar with General Order No. 1.3 and would believe he really doesn't have jurisdiction? I know when challenging a court's jurisdiction that is the first thing you have to file, even before an appearance. I'd hate to waive that argument by starting with an appearance and motion to dismiss default judgment. I would attach printouts of the district's webpages showing the jurisdiction tab, so he could at least see that the court is giving out bad information. Is there nothing to hold the court to the information they give out? Collateral estoppel or something bars the court from finding that it does have juristiction where it has stated in writing on the website that it does not?

  2. #12
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    Default Re: Eviction Order from Court Lacking Juristiction

    Why haven't you tried to get representation through legal aid?

    You can ask the court if they can accommodate you with a telephonic appearance. But really, many disabled people do attend court, and Chicago offers public transportation.

    If you want to seek a waiver of fees, read this.

    You are free to try to argue to the court that it lacks jurisdiction, and hope that the court is ignorant. But you should expect to lose.

  3. #13
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    Aug 2013
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Mr. Knowitall
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    Why haven't you tried to get representation through legal aid?
    I did. I was served Friday just before 5p, over the weekend I used Legal Aid's website to setup an appt for Monday. They called, asked for the case number, and were adamant that I either had it wrong or it wasn't really a case because they couldn't pull it up in their system. I tried explaining to her that as an eviction arising from a foreclosure it was automatically sealed, but she was having none of it. She finally had me email her the paperwork. I never heard back.

    Quote Quoting Mr. Knowitall
    View Post
    You can ask the court if they can accommodate you with a telephonic appearance. But really, many disabled people do attend court, and Chicago offers public transportation.
    I am not in Chicago, not even close. I'm about 10 miles West of the Rolling Meadows courthouse, the furthest West one in Cook County. Google Maps has a feature to find a route from one place to another using public transportation. It just gives me the error 'Sorry, we could not calculate transit directions from "Your location" to "Richard J. Daley Center, 50 W Washington St, Chicago, IL 60602"'. Rolling Meadows takes about an hour to get to, including a $10 Lyft ride to the nearest bus stop, and a walk across a 4 lane highway to transfer to another bus.

  4. #14
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    Default Re: Eviction Order from Court Lacking Juristiction

    The fact that Google Maps isn't programmed to serve your residence does not of itself mean that there is no public transportation available. It took me all of ten seconds to find this.

    If you haven't heard back from legal aid, follow up with them.

  5. #15
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    Aug 2013
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Mr. Knowitall
    View Post
    The fact that Google Maps isn't programmed to serve your residence does not of itself mean that there is no public transportation available. It took me all of ten seconds to find this.
    Indeed. I did not mean to imply "that there is no public transportation available", only that I'm so far away from the Daley Center that Google Maps (an otherwise excellent service) cannot cope. As I said right after, I can get to a bus stop via Lyft. I am also signed up for the Hanover Township Dial-A-Bus Program, but they only go 5 miles outside the Township, while the Rolling Meadows courthouse is about 9 miles outside the Township, and the Daley Center over 30.

    Quote Quoting Mr. Knowitall
    View Post
    If you haven't heard back from legal aid, follow up with them.
    Once I saw the Cook County website said the First Municipal District did not have jurisdiction, I didn't bother to followup. That was my mistake, one I do hope to rectify.

    Quote Quoting Mr. Knowitall
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    You can ask the court if they can accommodate you with a telephonic appearance.
    Thank you. Any idea how?

  6. #16
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Pascal666
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    Any idea how?
    Contact the clerk of the court and ask.

    Or contact legal aid and see if they can answer your questions.

  7. #17
    Join Date
    Oct 2014
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Pascal666
    View Post

    What is the process to request a reasonable accommodation from the court? I am permanently disabled, my only income is SSDI, and I cannot drive. It would take me hours and cost money I don't have to get to the Daley Center. I've seen judges before simply strike motions if the movant is not present. I'd like to appear by telephone.
    I found no rules specific for this. But I did find a form used for motions for certain routine telephonic hearings (e.g. hearings to set a trial date, etc). That suggests to me that you need to make a motion for this request to appear by phone as well. There is no form for the particular request you wish to make, though.

    The law on accommodating disability would require the court to aid you in being able to physically access the court house building and provide aids in overcoming the disability to help you use the court services like anyone else, like providing sign language interpretation or assistive hearing devices so you can follow the court proceedings, etc. It does not require the court to provide help in getting to the courthouse or providing alternatives to getting to the courthouse. That’s not to say the court might not grant the request if you seek it; only that the disability laws do not require the court to do it. I think the court is not likely to grant it, though, unless your disability is such that there would simply be no way you could get physically to the court building. If you could get there and lack of funds is really the issue, that may be tough to convince the court to grant the request if the court believes your presence for the hearing is important.


    Quote Quoting Pascal666
    View Post
    How likely is it the judge is not familiar with General Order No. 1.3 and would believe he really doesn't have jurisdiction?
    It is extremely unlikely the judge would not understand that jurisdiction of the court.

    Quote Quoting Pascal666
    View Post
    I would attach printouts of the district's webpages showing the jurisdiction tab, so he could at least see that the court is giving out bad information.

    While the tab says “Jurisdiction” nothing on the tab actually specifies what the jursidiction of the court is. The map that is provided there is useless for determining jurisdiction as there are no lines drawn on there to set that out. The sole purpose of that map is to tell you the locations of the different courthouses in the first district. If you notice, you can zoom the map in and out, so what you see on that map is no indication of jurisdiction. You can make that map cover as large or small an area as you want. Heck, you could zoom that map all the way out to show the whole state or country, and clearly the jurisdiction is not that broad. As the map does not delinate jurisdiction in any manner, I don't think you'll get much headway there. I'll agree that the label of jurisdiction is a poor choice since the information there does not actually relate to jurisdiction at all, but I don't think that gets you very far. You have to look to the state constitution and statutes to determine jurisdiction. That is what the courts will expect to see you use to argue the jurisdiction. You cannot rely on the label that the court put on a tab on the web site for that.

  8. #18
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    Aug 2013
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    Default Re: Eviction Order from Court Lacking Juristiction

    For the benefit of anyone finding this thread in the future, the Cook County Municipal Districts are defined in http://www.cookcountycourt.org/Manag...epartment.aspx

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