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  1. #1
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    Default Eviction Order from Court Lacking Juristiction

    My question involves landlord-tenant law in: Streamwood, Cook County, Illinois

    On 6/6/18 I received a letter from the Office of the Sheriff of Cook County, postmarked 6/1/18, stating (among other things) "By receiving this letter, you have received notice that the property you are occupying can be evicted AS SOON AS 5/31/2018." Emphasis in original. Attached is an eviction order dated 5/22/18 stating (among other things) "Defendants must move out of the property on or before 5/29/18 by 11:59 p.m."

    This is the first time I have seen this order. Were plaintiff or the court required to send me notice of this order when it was entered? I subscribe to USPS Informed Delivery which shows me pictures on the USPS website of each letter I have received, so I can easily prove when I received notice from the Sheriff and that I did not receive notice from plaintiff or the court.

    The order is from the First Municipal District of Cook County. Both of the below pages state that the First Municipal District only serves the "City of Chicago". The second link even has a map showing that the Third Municipal District has jurisdiction here.
    http://www.cookcountycourt.org/ABOUT...epartment.aspx
    http://www.cookcountycourt.org/ABOUT...cuitCourt.aspx

    Where are the municipal district's jurisdictions codified?

    *Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828): * Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities.
    They are not “voidable”, but simply “void”; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers. ” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)

    So do I just call 911 when the Sheriff's deputies show up to evict me and have them removed as trespassers? I'm thinking I would be better off explaining this to the local police ahead of time so they know it is coming and can confirm with their lawyer that I am in the right. I would like to avoid Plaintiff finding out their judgment is void for as long as possible, so I am hesitant to notice the Sheriff. Suggestions on how to proceed?

    I've been told that if I am evicted the new owner is not allowed to just throw out my personal property, and must allow me to retrieve it. Where is this codified?

    This is the second time the Cook County Sheriff has broken the law in an attempt to evict me. I would like to obtain an injunction against them enforcing any evictions without having a lawyer review them to confirm they are enforceable, and perhaps require the Sherrif to pay punitive damages to anyone already evicted contrary to the law. In which court would I file such a case?

    Thank you.

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

    Are you located in Cook County?

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

    Yes, My question involves landlord-tenant law in: Streamwood, Cook County, Illinois

    I just noticed that the webpages for each municipal district even have tabs labeled "Jurisdiction", with the First saying it is only the City of Chicago and the Third saying it includes Streamwood, but neither actually say where this is codified.

    http://www.cookcountycourt.org/ABOUT...ctChicago.aspx
    http://www.cookcountycourt.org/ABOUT...ngMeadows.aspx

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

    Quote Quoting Pascal666
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    My question involves landlord-tenant law in: Streamwood, Cook County, Illinois

    Where are the municipal district's jurisdictions codified?
    They aren’t codified because jurisdiction is given to the circuit courts under the Illinois Constitution as the general trial courts and circuit courts are organized by county. IL Const. Article VI, §§ 7-9. The eviction statutes reflect this, stating that an eviction action is to be filed “in the circuit court for the county where such premises are situated.” 735 ILCS 5/9-106. The Municipal Departments are simply subdivisions of the circuit court for Cook County. As the page you linked clearly states, the division of the Circuit Court of Cook County into municipal districts was done by the circuit court for “For administrative and management purposes.” In short, the muncipal districts are not jurisdictional. They are simply a way for the circuit court to manage a county with a large population and a court with a large number of judges. What matters for jurisdiction is whether the action was filed in the circuit court for the county in which the tenant is located, as the statute I quoted expressly states. Thus, since that order was issued from the Circuit Court of Cook County, if you are located in Cook County that court had the jurisdiction to hear it and issue the order.

    Quote Quoting Pascal666
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    So do I just call 911 when the Sheriff's deputies show up to evict me and have them removed as trespassers? I'm thinking I would be better off explaining this to the local police ahead of time so they know it is coming and can confirm with their lawyer that I am in the right. I would like to avoid Plaintiff finding out their judgment is void for as long as possible, so I am hesitant to notice the Sheriff. Suggestions on how to proceed?
    If you call 911 when the Sheriff’s deputies show up to evict, all you will get are upset city police officers. They will not intervene to prevent the deputies from carrying out the eviction when they have an order from the circuit court. They’d be foolish to try; they’d incur the wrath of the court and the Sheriff.

    If you believe there is some defect in the eviction, like a failure to properly serve you with the eviction complaint, such that the eviction can be vacated, what you would want to do is file the appropriate motion to get the eviction vacated. Otherwise, you can expect that the deputies will show up one day to effect the eviction, and calling the local cops isn’t going to help you.


    Quote Quoting Pascal666
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    This is the second time the Cook County Sheriff has broken the law in an attempt to evict me. I would like to obtain an injunction against them enforcing any evictions without having a lawyer review them to confirm they are enforceable, and perhaps require the Sherrif to pay punitive damages to anyone already evicted contrary to the law. In which court would I file such a case?
    In the Cook County Circuit Court. But you cannot sue for an injunction to prevent the Sheriff from carrying out all evictions as you state you would like to do. You lack standing to seek relief for anyone but yourself. All you could do is seek injunction against carrying out this particular eviction against you, but that would be a waste of time. If the court order is valid, the court won’t issue the injunction. If the court order isn't valid, the better approach here is to get the order vacated since the sheriff is entitled to rely on the court’s orders. It is not up to the sheriff to determine if the order was proper.

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

    This is not an issue of jurisdiction -- it is an issue of venue. See General Order No. 1.3. As the court has jurisdiction, if the issue of venue was deemed waived by the absence of an objection or effort to change venue, then the action could proceed in the district where it was file.

    You should check the court record to see where, when and how you were supposedly served. Based upon that information you can determine if you have a basis for a motion to set aside what is presumably a default judgment based upon nonservice.

    If your landlord has an order of eviction and you have been notified by the Sheriff's Department of your pending physical eviction, this is not a question of the landlord's "throwing out" your personal property. If you have not taken action to stop the eviction, you should make sure that your personal property is out of the unit or expect that the Sheriff's Department is going to physically remove it (and you) from the unit.

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

    Quote Quoting Mr. Knowitall
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    This is not an issue of jurisdiction -- it is an issue of venue. See General Order No. 1.3. As the court has jurisdiction, if the issue of venue was deemed waived by the absence of an objection or effort to change venue, then the action could proceed in the district where it was file.
    Thank you, that is very helpful.

    Quote Quoting Mr. Knowitall
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    You should check the court record to see where, when and how you were supposedly served. Based upon that information you can determine if you have a basis for a motion to set aside what is presumably a default judgment based upon nonservice.
    I was served with notice of the court date, but relied upon the court's website which clearly says the first district does not have juristiction.

    Quote Quoting Mr. Knowitall
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    expect that the Sheriff's Department is going to physically remove it (and you) from the unit.
    Per https://www.cookcountysheriff.org/co...endants-guide/ (emphasis in original): THE SHERIFF’S OFFICE DOES NOT REMOVE OR SECURE A TENANT’S/DEFENDANT’S PERSONAL PROPERTY AND IS NOT RESPONSIBLE FOR EITHER. Arrangements to retrieve all other personal property must be made between the tenant/defendant and the plaintiff/landlord.

  7. #7
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Pascal666
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    I was served with notice of the court date, but relied upon the court's website which clearly says the first district does not have juristiction.
    If you were served and did not respond you have a real problem here. The court’s web site nowhere tells you that the first district lacks jurisdiction. It simply tells you how the Cook County Circuit Court is divided up for “administrative and management purposes.” The website expressly tells you that. As both I and Mr. Knowitall have told you, which district in the circuit it was filed in does not raise an issue of jurisdiction. It is an issue of venue. They are all part of the Cook County Circuit Court. And it is that court, as a whole, that has jurisdiction and that jurisdiction is county wide. So the First Department had jurisdiction. It may have simply not been the right venue. When you got served, if you believed that it should properly have been in a different department, you would have needed to file a motion for a change of venue. If you did not do that, you may be deemed to have waived the venue issue. If you were served and failed to respond, that default judgment of eviction is unlikely to get vacated. You had the chance to defend and didn’t. The court doesn't have to give you another opportunity to defend against the eviction. You made a mistake in not responding to the eviction after you were served.

    Quote Quoting Pascal666
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    Per https://www.cookcountysheriff.org/co...endants-guide/ (emphasis in original): THE SHERIFF’S OFFICE DOES NOT REMOVE OR SECURE A TENANT’S/DEFENDANT’S PERSONAL PROPERTY AND IS NOT RESPONSIBLE FOR EITHER. Arrangements to retrieve all other personal property must be made between the tenant/defendant and the plaintiff/landlord.
    All that means is that the sheriff’s deputies won't themselves toss out your stuff. What will happen at the eviction is that the deputies wiil show up with employees/agents of the landlord and will watch while those employees/agents remove your stuff. Unless you have made other arrangements with the landlord, you may find all your stuff piled on the curb for disposal. It is up to you to arrange to move your stuff to another place or to storage if you want to keep it. The landlord is not obligated to store your stuff for you.

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

    Have you gone to the court to review the case file to see how service was performed? You need to get to work on attacking the judgment if you truly weren't served.

    You also need to get to work finding a new place to live as you are leaving, one way or another and probably sooner than later.

  9. #9
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Taxing Matters
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    As both I and Mr. Knowitall have told you, which district in the circuit it was filed in does not raise an issue of jurisdiction. It is an issue of venue.
    Thank you, I believed you the first time, it just annoys me that the webpages for each municipal district have tabs labeled "Jurisdiction", with the First saying it is only the City of Chicago and the Third saying it includes Streamwood:
    http://www.cookcountycourt.org/ABOUT...ctChicago.aspx
    http://www.cookcountycourt.org/ABOUT...ngMeadows.aspx

    It seems absurd to me that plaintiff can file in the venue of their choice, even if it is hours away from the property in question.

    Quote Quoting Taxing Matters
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    The landlord is not obligated to store your stuff for you.
    Unfortunately it ended in a settlement, but Zissu v. IH2 Property Illinois LP (1:15-cv-02394), alleging negligence, conversion, bailment, and intentional infliction of emotional distress after the former landlord placed the plaintiff’s home furnishings, jewelry and personal documents on the sidewalk and the plaintiff’s property was stolen or damaged, survived a motion to dismiss: https://law.justia.com/cases/federal...394/307969/51/

    Quote Quoting free9man
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    Have you gone to the court to review the case file to see how service was performed? You need to get to work on attacking the judgment if you truly weren't served.
    As a tenant eviction arising from a foreclosure, the case was automatically sealed. I don't know how I would access it. Even searching by case number, it does not show up on http://www.cookcountyclerkofcourt.or...EINFOPage=2400

    I was served with notice of the 5-22-18 trial date, on 5-11-18 just before 5p. I was only yesterday provided, by the Cook County Sheriff, a copy of the order arising from that court date.

  10. #10
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    Default Re: Eviction Order from Court Lacking Juristiction

    Quote Quoting Pascal666
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    It seems absurd to me that plaintiff can file in the venue of their choice, even if it is hours away from the property in question.
    I understand the frustration in that. But even so, if the venue was wrong and you wanted that fixed to get a court nearer to you, you’d generally need to file a motion to do that. Simply not responding works against you there.

    Quote Quoting Pascal666
    View Post
    Unfortunately it ended in a settlement, but Zissu v. IH2 Property Illinois LP (1:15-cv-02394), alleging negligence, conversion, bailment, and intentional infliction of emotional distress after the former landlord placed the plaintiff’s home furnishings, jewelry and personal documents on the sidewalk and the plaintiff’s property was stolen or damaged, survived a motion to dismiss: https://law.justia.com/cases/federal...394/307969/51/
    That was decision by a federal district court on a motion for summary dismissal. The court was trying to figure out the state courts would say if faced with the question of the landlord’s duty when removing property of the tenant. It may or may not have got that right. In any event, the Illinois courts would not be bound by the decision of that court even if it had ultimately issued a judgment on the matter. As it is, that ruling is at best only persuasive authority. The Illinois courts might decide the matter differently.

    If the landlord puts your stuff to the curb and it gets stolen or damaged, you may sue to see what the Illinois courts would say on the matter. But you run the risk that they may find against you. Thus, the prudent thing to do is make arrangements to get your stuff moved/stored so that you don't run the risk of loss without recourse from the landlord.


    Quote Quoting Pascal666
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    As a tenant eviction arising from a foreclosure, the case was automatically sealed. I don't know how I would access it.
    Although sealed from access by the general public, as a party to the case you ought to be able to review it. You may have to go to the courthouse personally to do that. I suggest you call the court clerk and ask about it.

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