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First, determine whether you can "vacate," or throw out, your judgment. For example, if you were given court papers, and you failed to appear in court or respond, the court may have entered a default judgment against you. You can file a motion to vacate a default judgment.
If you successfully vacate the judgment, you will be able to stay on the property until the court enters a new judgment. This will give you more time to live on the property.
The Eviction Order will say when you have to move out. View a sample Eviction Order.
If you have recently been hospitalized, had a death in the family, or had some other emergency, you may be able to get more time to move out by filing a Motion to Extend Time to Move Out.
You will need to fill out a Motion to Extend Stay of Eviction Order and a Notice of Motion. Use our Extend time of eviction program to fill out these forms.
Learn more about preparing, filing, and presenting motions in court.
Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.
File your forms with the clerk of the court where your eviction case was heard.
Once your forms are stamped, deliver a copy to the sheriff and your landlord. In Chicago, the Sheriff's Office is on the 7th floor of the Daley Center.
Filing the motion will prevent the sheriff from evicting you until the judge hears your motion, as long as you filed your motion within 30 days of entry of the eviction order. You will have at least another week or so to move out after you file your motion. In general, you may file only one motion to extend stay.
Learn more about when you should file a motion, what to include, and the cost.
How you will find out about the court date (or hearing date) and time depends on how you filed your case.
- E-filing: The website you used to electronically file may let you pick your court date (or hearing date) and time. If it does not, contact the clerk.
- Paper filing: If you filed in person at the courthouse, the clerk will let you pick or they may pick for you.
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. The judge and court staff are not allowed to give you advice or help you with your case. To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
- Plaintiff's or Petitioner's name,
- Defendant's or Respondent's name,
- Case number,
- Judicial circuit,
- County, and
- Division.
If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
- Copies of all the documents you filed with the Circuit Clerk,
- Any witnesses you want to testify,
- Any documents you want the judge to look at, and
- A photo ID.
- Be polite and dress the way you would for a job interview,
- Get to the courthouse at least 30-45 minutes before your hearing time,
- Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk,
- Check-in quietly with the courtroom staff,
- Wait for your name and case number to be called (you may have to sit outside the courtroom),
- When your case is called by the clerk, walk up to the judge and state your name when you are asked,
- You may be sworn to tell the truth, answer the questions truthfully,
- Explain briefly what you want out of the case, and
- After listening to you and to the other side, the judge tells you what happens next.
Free help for Chicago renters.
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Worried about doing this on your own? You may be able to get free legal help.
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