Legal Question in Landlord & Tenant Law in Illinois
Eviction Law
What is a ''motion for entry of memorandum of judgement''? we recieved one in the mail from our landlord attorney even though we paid the back rent, as the landlord stated we would be able to make payment arrangements regarding the court costs due. Does this mean they are taking steps for sheriff to come remove us? We were mislead if this is true. We signed a judgement that we owed 1326(rent) and 729(court costs) totaling 2055. We brought in 1327 by the 30th day whice was 8/18/08 and only needed to make arrangements with manager on the court costs. today 8/26/08 we get the letter from the attorney only containing the court papers and not telling us what they meant. Thank you for your help
2 Answers from Attorneys
Re: Eviction Law
This first question you may want to ask yourself "what is the landlord requesting from the court in its motion?" Also, an attorney would need more facts to properly address your concerns.
Re: Eviction Law
A memorandum of judgment is something that is filed with the secretary of state's office and the county clerk to record a judgment lien. This does not mean they will come and remove you. They just want to protect their place in line in case you DON'T pay them. Once you finish paying the court costs, you should be able to have them issue a satisfaction of judgment and file a release of the lien. If you don't want the motion allowed, you can go to court and contest it, but I doubt it will do you much good. You could at least ask the court to continue it to give you time to get the court costs paid. If you haven't made arrangements for the costs yet, do it as soon as possible.