We are dedicated to providing the public with the best possible experience and service. Please attach a signed pdf, or image file of the signed letter to the email. In contrast, from October 2021 through March 2022, there were 12,358 eviction cases initiated in the court with a total of 1,181 enforced. She knew she could request a continuance to get an attorney, but she believed she did not need legal representation because she had already negotiated a pay and stay agreement with the property manager. The tenant then has the opportunity to file a response. Cook County Legal Aid for Housing and Debt. that there is probable cause for staying further proceedings until the order of the court on the motion. 735 ILCS 5/2-1305. For additional information on new notice requirements, For additional guidance on how to proceed through the eviction process, see the Illinois Courts guide on. While Chicagos pilot program isnt fully operational yet and wont cover everyone facing eviction, the city says it hopes to eventually double the number of tenants with representation. Sheriffs deputies try to deliver summons in person to someone 13 years old or older at the unit. Nevertheless, said the judge, in 90% of the cases that are settled pursuant to the terms of an agreed order, the landlords represented by an attorney, the tenant is pro se, and the tenant doesnt understand the orders terms. Please note that these documents should be used solely as examples and that, if you choose to file an eviction case, each document you complete must be filled out with the specific information that applies to your matter. You may be able to negotiate with your landlord or file a petition to stop the eviction. An agreed order is a contract governed by the principles of contract law, and questions regarding the construction, interpretation, and effect of a contract are reviewed de novo. Elvia Malagns reporting on social justice and income inequality is made possible by a grant from The Chicago Community Trust. In a word, yes but its not that simple. Data from the sheriff's office show 16 of the top 20 ZIP codes that experienced the most evictions after the pandemic began in March of 2020 were on the South and West sides of Chicago. "Our goal was to keep residents in their homes during the pandemic that forced many to lose work," said Commissioner Scott Britton. Cook County Sheriff Tom Dart Wednesday urged Gov. Legal Aid Chicago filed a motion to vacate the agreed order on the grounds that Ms. King had reasonably misunderstood its material terms, that there had been no meeting of the minds, and that she had a meritorious defense to the underlying eviction action (i.e., she did not owe any rent) so that vacating the agreed order would not be a useless act that merely postponed an inevitable eviction. Eviction scheduling information is available on the Cook County Sheriff's Website at www.cookcountysheriff.com. Judicial dictum refers to a remark or opinion upon a point argued by counsel and deliberately passed upon by the court, though not essential to the disposition of the case. Plaintiffs attorney then asked Ms. King to sign a form order. What paperwork do I need to file an eviction in Cook County? At the hearing on the motion, Plaintiff elicited from the property manager testimony that Ms. King played loud music at night and allowed a barred individual, her cousin, into her building. Use this guide as a starting point. This delay may cause your Order for Possession to expire prior to being executed by the Cook County Sheriff's Office. Affidavit Supporting Documents not Attached to Eviction Complaint here. Launched in November 2020 in collaboration with the Cook County Board of Commissioners, the Office of the President, the Circuit Court of Cook County, the Cook County Sheriffs Office, The Chicago Bar Foundation, and other community partners, CCLAHD provides free legal aid, case management, and mediation services for tenants and landlords dealing with evictions, property owners who are behind on their mortgage payments or property taxes, and creditors or debtors with issues related to consumer debt. Please review and comply with 735 ILCS 5/9-117 to ensure that all Orders of Possession remain enforceable. The Countys emergency rental assistance program ranked among the most efficient in the nation, and quickly delivered much-needed relief to tenants and landlords alike. As a user of the Cook County Sheriff's E-Filing Web Site, you specifically acknowledge that the Cook County Sheriff and its contributors are not liable for any defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from all off-site content mentioned herein rests entirely with you, the web site user. Well, the purpose of the moratorium is to give the city time to come up with a plan to protect low-income residents from being displaced. As CBS 2 Investigator Megan Hickey reported, Sunday was technically the first day that electronic filings for evictions were accepted in Cook County. Bankruptcy judges come down hard on people who willfully violate the stay. If the landlord was awarded not just possession of the premises but also a money judgment, he does not reinstate the tenancy by accepting rent unless and until he accepts an amount that exceeds this judgment. From the beginning of the pandemic our number one priority has been to prevent evictions, said Rich Monocchio, HACCs Executive Director. The notice must state the reason for the eviction and the date by which the tenant must comply with the lease agreement. Ms. King understood this to mean that she was getting fifteen days to pay the rent demanded plus costs. From October 2019 through March 2020, prior to the pandemic-related eviction moratorium which began on March 20, 2020, nearly 25 percent of eviction filings ended in an eviction enforced by the Sheriffs office, meaning the Sheriffs office dispatched deputies to enforce the judges order. It is also important to gather all of your documentation, including your lease and rent payments. Whereas, the community depends upon the Sheriff to faithfully execute his ministerial duties as an officer of the court,. As of 2019, an average of 60% of eviction cases in Chicago each year ended in eviction judgements, including default judgements. Draper & Kramer, Inc. v. King, 2014 IL App (1st) 132073. that there is probable cause for staying further proceedings until the order of the court on the motion. 735 ILCS 5/2-1305.. A proceeding under section 21401 is initiated by the filing of a petition supported by affidavit or other appropriate showing as to matters not of record. Paul v. Gerald Adelman & Assoc., 223 Ill. 2d 85, 94 (2006) (citation omitted). This is helpful for both defendants and plaintiffs in . The CARES Act still requires a 30-day notice, Affidavit Supporting Documents not Attached to Eviction Complaint. As eviction filings reach pre-pandemic levels, Cook County officials say fewer are resulting in an enforced order pushing tenants out of their homes, according to figures released Tuesday. Rule 286(b), which provides that in any small claims case, the court may . The plaintiff or the plaintiffs representative must approach the deputies and identify himself. Any legal cause of action pertaining to any claim brought against or including the Cook County Sheriff shall be filed in the Circuit Court of Cook County, Illinois. A contract is substantively unconscionable if it is overly harsh or one-sided. Administered by the Housing Authority of Cook County (HACC) and the Cook County Bureau of Economic Development, the initial round of rental assistance, launched in March 2021, distributed $65.5 million of CARES Act funding in rent and utility bill relief. From the beginning of the pandemic our number one priority has been to prevent evictions, said Rich Monocchio, HACCs Executive Director. In the face of an impending crisis, Cook County and community partners stood up programs and pilots focused on getting legal aid, case management and financial assistance to our residents in greatest need.. The Cook County Sheriff and its content contributors shall not be held liable for any direct or indirect damages caused in any way using information or services on this web site. Cook County Sheriff's Eviction Schedule District # Sheriff # District# Sheriff # District# Sheriff # 406 2511112 7 2519071 452 2206214 406 2516398 16 2481990 452 2519917 406 2516634 16 2516879 478 2403882 406 2516639 16 2517649 478 2526724 406 2516642 16 2520229 605 2504161 406 2522951 16 2525448 605 2511792 406 2527537 16 2526940 605 2515843 In January 2020, there were 2,597 eviction cases filed in the county. There are two types of dictum: judicial dictum and obiter dictum. How long are evictions taking in Illinois? Steele retired all six Padres batters he faced and then headed to the bullpen to throw 25 more pitches. Plaintiffs attorney agreed to give her thirty days. in the administration of section 21401 relief is that the petition invokes the equitable powers of the circuit court, which should prevent enforcement of a default judgment when it would be unfair, unjust, or unconscionable. Smith v. Airoom, 114 Ill. 2d 209, 225 (1986). The judge then denied the motion to vacate, and Ms. King appealed. Ultimately, the Center aims to prevent evictions by connecting any Cook County residents to needed services and by addressing factors such as domestic violence and behavioral health issues that put people at higher risk of eviction. The Countys emergency rental assistance program ranked among the most efficient in the nation, and quickly delivered much-needed relief to tenants and landlords alike. To access help, its critical that tenants show up to court, said Michelle Gilbert, legal and policy director at the LCBH, one of four legal aid groups providing services through the right-to-counsel pilot program. All Rights Reserved. Id. This includes but is not limited to procurement or substitute goods or services; loss of use, data, or profits; or business interruption. Plaintiffs sometimes use agreed orders to take advantage of unrepresented defendants. She placed a copy of the IDPA notice in her property managers drop-box and assumed that her rent would be adjusted to $0 the following month to reflect the fact that she no longer had any income. This ordinance is designed to protect low-income residents who are at risk of being displaced as a result of gentrification or redevelopment. Whereas, the Sheriff is mandated by law to serve process of the court, and. Follow the court on Twitter@CookCntyCourt, Privacy PolicyDisclaimerLegal Holiday ScheduleRules of the Court Orders of the Court, Information for Law Enforcement on Bond Cards, Petition For Authorization to Issue Bond Certifica, Petition For Authorization To Act As A Civil Suret, Part 20 (Rules) Court-Annexed Civil Mediation, Juvenile Justice&Child Protection Resource Section, Cook County sees reduction in eviction enforcements compared to pre-pandemic years; County officials highlight legal aid and rental assistance efforts as solutions, Copyright 2020 by Circuit Court of Cook County. The case is continued for 14 days, even if the tenant does not appear. The E-File Portal will allow users to electronically file many types of documents with our office without the need to travel to a courthouse. Ms. King repeatedly objected to this testimony on the grounds that it was irrelevant because these allegations had not been set forth in the termination notice on which the eviction action was based. An abuse of discretion occurs when the circuit court acts arbitrarily without the employment of conscientious judgment or if its decision exceeds the bounds of reason and ignores principles of law such that substantial prejudice has resulted. Id. Call the CCLAHD Hotline at 855-956-5763 for help or visit www.cookcountylegalaid.org for more information. Neither the Cook County Sheriff, its content providers, agencies, officials nor employees guarantee that the service will be uninterrupted or error-free. Only when Ms. King tried to pay the rent plus costs did she learn from the property manager that she had signed what was effectively a pay and move agreement. Is the Cook County Sheriff doing evictions too aggressively, or is he simply enforcing the law? Corp., 182 F.3d 548 (7th Cir. In response to the expected influx of eviction filings, County Officials launched a suite of programs in late 2020 and throughout 2021 aimed at addressing community housing needs. Part of the Legal Professionals library, sponsored byQuilling, Selander, Lownds, Winslett & Moser. Earlier this year, the city of Chicago passed a new ordinance that puts a moratorium on evictions for the purpose of redevelopment. at 16 (citations omitted). See Long v. Shorebank Dev. 2014 IL App (1st) 132073, 27. This disclaimer of liability applies to any damages or injury which may be perceived by you, the web user, to be caused by the information or services on this web site, or by using this web site. someone with a family member who was in jail or prison, a veteran, active duty military or have had military service, a non-profit organization or small business, Eviction practice - Terminating the tenancy, Eviction practice - Affirmative defenses and counterclaims, Eviction practice - Motions to voluntarily dismiss without prejudice, Eviction practice - Sealing the court file, HCV - Terminating the family's assistance, HCV - Contesting termination procedurally, HCV - Contesting terminations substantively, Petition for rule to show cause - Family law cases, Quilling, Selander, Lownds, Winslett & Moser. It awarded Plaintiff not just the rent demanded plus costs, but possession of the premises. Whereas, civil law enforcement is a complex, specialized area of law, and. The Cook County Sheriffs Office has been ordered to enforce less than half as many evictions in recent months, compared to the same period in 2019 before the COVID-19 pandemic. In the context of a typical motion to vacate a default, the plaintiff files a cause of action, the defendant fails to appear or otherwise plead, and the court ultimately enters a default judgment. Please attach a signed pdf, or image file of the signed letter to the email. You should speak to a lawyer to learn about your options. In the face of an impending crisis, Cook County and community partners stood up programs and pilots focused on getting legal aid, case management and financial assistance to our residents in greatest need. However, Cook County Landlords should be aware of new, permanent changes to the eviction process. To stay enforcement of the judgment, therefore, the defendant must file a 2-1305 motion to stay by applying for a certificate . A contract may be vacated on the grounds that it is procedurally and/or substantively unconscionable. Between 2010 and 2019, an average of just 11% of Chicago tenants facing eviction lawsuits had legal representation each year, compared to 81% of landlords, according to the Lawyers Committee for Better Housing. Find and reach Cook County Sheriff's Office's employees by department, seniority, title, and much more. Eviction scheduling information is available on the Cook County Sheriffs Website at www.cookcountysheriff.com. More information regarding this option can be found in this Illinois Legal Aid Online Article regarding service or on the Illinois Courts webpage regarding Special Process Servers. "CCLAHD met landlords and tenants at the crossroad of eviction and provided a pathway to keep families housed.