Illinois Summons Forcible Entry & Detained is a legal process used by a landlord to evict a tenant from rented property in the state of Illinois. In particular, it is a court proceeding used to regain possession of a property if a tenant has failed to comply with a lease agreement or has stayed on the property beyond the agreed-upon end date of the lease. The process is initiated by the landlord who files a complaint with the court, outlining the alleged breach of the lease agreement. The court then issues an Illinois Summons Forcible Entry & Detained, which requires the tenant to appear in court and explain why they should not be evicted. There are two main types of Illinois Summons Forcible Entry & Detained: Summary Eviction and Regular Eviction. Summary Eviction is used when there is an alleged breach of the lease agreement that does not involve rent. The regular eviction process is used when rent payments are at issue. In either case, the landlord is required to serve the tenant with an Illinois Summons Forcible Entry & Detained, which outlines the allegations and the court date. The tenant is then given the opportunity to dispute the allegations during a hearing. If the court finds in favor of the landlord, a judgment will be issued and the tenant will be ordered to leave the property.
Illinois Summons Forcible Entry & Detainer
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FAQ
If you have not been properly served, and you don't show up, the court has no personal jurisdiction over you, and can't enter a judgment against you. The case can be continued to another court date, and the other side can try again to serve you.
The receipt for certified or registered mail shall state the name and address of the addressee, and the date of mailing, and shall be filed by the clerk.
It is not an order, so you do not have to do what it says. But, if you ignore a Summons, you will likely lose the case against you. The court will usually decide the lawsuit in favor of the person suing you.
Serving a summons through certified or registered mail In Small Claims cases, you can ask the local circuit clerk serve the defendant by certified or registered mail. Only the circuit clerk, not you, may mail the Small Claims Complaint and Small Claims Summons.
In some situations where the process server truly failed to serve you the court papers properly, the court cannot pass a judgment against you because it has no personal jurisdiction over you. Thus, they will postpone the case to another court date where the process server will attempt to serve you again.
A copy of the summons must be sent by mail to the defendant's last known address. A proof of service must be filed when sending a summons electronically. IL SCR 102.
Rule 101(d) summons must be served within 30 days after its date. A rule 101(d) summons covers all other summons where the defendant must file an answer or appear within 30 days.
