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If you received a Complaint and Summons saying that your landlord has started an eviction case against you, you have a few options of what to do.
Note: This is not the same as an eviction notice ("Notice to Terminate Tenancy"). If your landlord files an eviction case against you, you will receive a Complaint and Summons. Your landlord must serve you with an eviction notice before filing the Complaint and Summons.
There are other options besides going to court:
[no-lexicon]Settle[/no-lexicon]
Come to an agreement with your landlord on your own. You have more control of the outcome because a judge or jury is not making the final decision. For more information on settlement, see Eviction settlement for tenants. Get any agreements reached in writing and signed by you and your landlord.
[no-lexicon]Mediation[/no-lexicon]
Reach an agreement with your landlord with the help of a neutral third party. The mediator does not decide what happens. The mediator helps you reach an agreement that is documented in a contract that both parties must follow. The landlord must agree to the mediation. When you go to court, you can ask the judge to send the case to mediation in order for it to occur.
Catch up on your rent (Chicago)
If you live in a building that is covered by the Chicago Residential Landlord Tenant Ordinance (RLTO), you have a one-time chance to stop an eviction case. If you pay the landlord all the rent you owe plus the eviction filing fees and costs (not attorneys fees), the court must dismiss the eviction case. You can do this anytime before an eviction order is entered. This only applies if your eviction case was filed for non-payment of rent.
For more information on responding to an eviction case in Chicago, see Chicago Renters' Rights Videos.
You can choose to do nothing if you received notice that someone has started an eviction case against you. However, you should know that the court may enter a default judgment against you. This means that the landlord may get what they asked for. For example, if the landlord says you owe them $1,300 in rent, the court may enter an order allowing the Sheriff to evict you and the landlord to collect the $1,300 from you.
If the court enters a default judgment against you and you want to challenge it, you must file court forms asking the court to vacate the default judgment. You should file the forms within 30 days of the date the default judgment happened.
If you file the motion within 30 days of the default judgment, the judge may cancel the default judgment and give you a chance “appear,” or participate, in the court case.
If you file the motion more than 30 days after the default judgment, the judge will make a decision based on the reasons you give for not showing up to your court date. The judge will also base the decision on whether you have a defense to the case and how much time has passed.
Sometimes tenants do not find out about a default judgment until the Sheriff gives them notice that the judgment was entered. When presenting your Motion to Vacate Default Judgment, you need to be able to tell the judge the exact dates when you found out about the eviction case against you. You should also explain to the judge why the actions you took after finding out about the eviction case were responsible.
Learn more about filing a motion to vacate a default judgment.
Jury demands
If you decide to participate in the case, you will need to decide whether you want to make a jury demand. If you do not make a jury demand, the trial will happen in front of a judge. The judge will decide who is telling the truth, and then make a ruling. This is called a "bench trial." Learn more about bench trials and jury trials in civil cases.
If you do make a jury demand, the judge will organize a jury who will hear your case. The jury will decide who is telling the truth, and who should win..
Demanding a jury
To make a jury demand, you should check the jury demand box on your Appearance form. If you do, this is how the case will go:
- Return date (date listed on Summons). Case is reassigned to a jury room and a new “1st” court date is given;
- Jury room intake date: an order will be entered giving a discovery/briefing schedule for motions;
- Motion hearing date (if motions are filed)
- (Optional) Status date(s)
- Jury trial/compliance date
No jury demand
If you don't demand a jury, here is how the case will go:
- Return date (date listed on Summons);
- Status date/motion hearing date if motion was filed
- Bench trial/compliance date.
Before the first court date
Whether you have a jury or not, a few things need to be filed before you appear in court at the date on the Summons you were served with, or for Cook County, before you appear on the ERP return date:
- Motion to Quash Service: File this only if you weren't served properly with the Summons.
- Motion to Dismiss: File this only if the landlord posted the eviction notice on your door.
- Appearance: This form lets the court know you want to participate in the case. There is a fee to file this form. If you can't afford the fee, you can file a Fee Waiver.
- Jury Demand. This is a box located on the Appearance Form. You do not have to check this box if you do not want a jury to hear your case if it proceeds to trial. However, if you do want a jury and not a single Judge to hear your case if it proceeds to trial, you must check this box on the Appearance Form and file it with the Clerk before you appear at the day and time listed on the Summons, or in Cook County, before the ERP return date.
On your court date
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
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
- Division
- If the appearance is to be made remotely, information to appear via Zoom or by phone.
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.
Bring these items with you to court:
- 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
- A photo ID
Follow these suggestions when going to court in person:
- 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 with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
- Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
- Listen for your name or your line number to be called and then step up to the bench;
- You may be sworn to tell the truth, answer the questions truthfully;
- Explain briefly the issue you would like to address before leaving the courthouse;
- After listening to you and to the other side and tell you what happens next;
You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
If the appearance is being made remotely, be sure to log in at least a few minutes prior to the scheduled court appearance. If you are appearing via video, you should dress appropriately, as if you were making the appearance in person. You should also refrain from activities, such as eating or drinking, which would not be allowed in a physical courtroom. Finally, make sure to follow court personnel’s instructions regarding muting or unmuting your device, and listen carefully for your case to be called so you can make the court aware you are present and participating.
Information for specific counties
You can have your day in court. The papers you received should have a court date and location. Show up at that location at the time listed and you can argue your case to the judge.
- In Alexander County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. Sometimes the judge will grant a postponement but not always. You may ask for a continuance, but you should have a very good reason, such as the need to obtain the appearance of a witness or other evidence that you can get if given time. If you have evidence to support your reason for a continuance, then be sure to bring it to the hearing and show the judge.
- In Cook County, the date on your Summons is a first appearance date.. You should appear in Court on that date, and the judge will refer you to Cook County’s Early Resolution Program. The Early Resolution Program will connect you with free legal advice regarding your rights, negotiation with your landlord, or representation for the remainder of the eviction process. The Early Resolution Program may also refer you to rental assistance.
On your first court date, the judge will also set a return date, usually around 28 days, for you to return to Court (the “ERP return date”). The jury demand should be made the day before the ERP return date. If you have reached an agreement with your landlord, the judge may enter the agreement on this date and set a compliance date to determine whether you have complied with the agreement. If no agreement has been reached, your case will be set for another date, usually 14-21 days later. On that date, if there is still no agreement, your case will be set for trial on a date that will usually be 14-28 days later. - In Franklin County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
f you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Gallatin County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. Sometimes the judge will grant a continuance but not always. You may ask for a continuance but you should have a very good reason, such as the need to obtain the appearance of a witness or other evidence that you can get if given time. If you have evidence to support your reason for a continuance, then be sure to bring it to the hearing and show the judge.
- In Hamilton County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Jackson County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. You may ask for a continuance, but it is rarely given.
- In Madison County, the date on your Summons is a first appearance date. If you want to contest your eviction, you must file a written response to the Complaint on or before that date. Your case will then be set for trial on another date. If you do not file anything, you may have a default judgment entered against you.
- In Marion County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorney's fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Pope County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Pulaski County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. Sometimes the judge will grant a continuance but not always. You may ask for a continuance, but you should have a very good reason, such as the need to obtain the appearance of a witness or other evidence that you can get if given time. If you have evidence to support your reason for a continuance, then be sure to bring it to the hearing and show the judge.
- In Richland County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Saline County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. You may ask for a continuance, but it is rarely given.
- In Union County, you have to be prepared to have a trial on the date in your summons. You cannot expect a continuance. You may ask for a continuance, but it is rarely given.
- In White County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly. - In Williamson County, the date on your Summons is treated as a "first appearance" hearing. This means that you are asked by the judge if you admit or deny the claim in the Complaint filed by your landlord. The claim is usually that you are behind on rent or that you broke a rule in your lease.
If you deny the claim, or disagree with the amount, the judge will schedule your trial from 1 to 4 weeks from that date.
If you admit, or agree with the claim, then the judge will ask you and your landlord if you agree on a move-out date. If you do agree on a date, then the judge will enter an order requiring you to move out by that date. The judge will also enter a judgment for the amount of rent you owe. The order will also include court costs. It could also include attorney fees if your landlord has an attorney and your written lease agreement says that you will pay for attorneys fees.
If you and your landlord do not agree on the date for you to move, then the judge will ask both parties what each wants for the date. In most cases, the judge will agree with your landlord if the landlord gives you some time. If your landlord does not want to give you time, then the judge usually makes his or her own decision on how much time you get. You can argue for more time. It helps if you have evidence, such as a doctor's letter explaining your disability or illness and need for more time.
When there is no agreement between the tenant and landlord on how much time, the judge will normally give a few days and sometimes a couple weeks, but rarely gives as much as 30 days and almost never more than 30 days.
Sometimes a tenant agrees that they owe a substantial amount of money but not exactly the same amount that the landlord claims. In these cases, the judge may schedule a trial to decide who is correct about the amount. The judge will discuss with the parties as explained above what the move out date should be, and then enter an order accordingly.
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