Gateville Law Firm

What Happens at the First Court Date of an Eviction Case in Will County, Illinois?

Posted on in Residential Landlord Evictions

Will County Landlord Attorneys for Evictions

Evictions are also known as “forcible entry and detainer actions” in the Bolingbrook, Romeoville, Joliet, and Naperville areas of Will County, Illinois. Gateville Law Firm concentrates exclusively on behalf of landlords. Will County is one of the several counties that we offer our services and expertise in prosecuting prosecute eviction cases.

At the first court date, there are several possibilities as to what will happen. The first possibility depends on whether the Will County Court has jurisdiction over the Defendant and Unknown Occupants. To successfully obtain authority over the Defendants, the Plaintiff (the landlord, through their lawyer) must properly serve the Defendant (the tenant) and Unknown Occupants a summons with rental relief language attached. 

Proper Service

Personal jurisdiction is a fundamental right that every Defendant has. The law is clear that a Defendant may not be sued when they have not been properly notified under Illinois law. The required knowledge does not mean that the Defendant knew about the court process, but instead that a court officer such as the Sheriff’s Office or a private process server served the Defendant with the Eviction Summons and Complaint. Essentially, the Defendant must be put on notice that a case is against them is happening, which, in the eyes of the court, occurs upon proper service.

In many instances, Defendant Tenants and Unknown Occupants purposely avoid being served with a summons and an eviction complaint. When tenants have avoided service of process, the Plaintiff (landlord) may file a motion called a “Motion for Service by Posting on the Door.” This motion enables the Will County Sheriff or a private process server to post the Eviction Summons and Complaint on the door. One drawback to this type of service of process is the Plaintiff lacks the ability to seek money damages against a Defendant. However, the Will County Court may allow possession of the premises to be delivered to the Plaintiff.

Bolingbrook and Romeoville Eviction Attorney for Will County Landlords

The second possibility is the Defendant (tenant) will fight the dispute and the matter will be set for mediation or trial. The purpose of mediation is to attempt to resolve any disputes between the landlord and tenant. Mediation is often successful because both sides compromise and resolve the case without the need for trial. The third possibility is the matter is settled without the need for mediation. The Plaintiff’s lawyer talks with the Defendant and makes a resolution of the matter in a manner that is reasonable to both the Plaintiff and Defendant. In many instances, a landlord is better off settling with the tenant in a manner that maximizes their rights and forces the tenant out of the property permanently, as swiftly as possible. Generally, it is a goal of the landlord to avoid a forcible eviction because it costs property owners additional money in court fees and lost rent.

Crete and Will County Landlord Attorneys for Evictions

Hiring effective and experienced eviction counsel is critical for landlords. At Gateville Law Firm we concentrate in evictions on behalf of landlords. We cost-effectively and swiftly will evict tenants for, among other reasons, non-payment of rent, lease violations, and holder over tenants. Contact us at 630-780-1034 to resolve your property owner issues in Will County and nearby counties.

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