Legal Question in Landlord & Tenant Law in Illinois

What does RETURN - SUMMONS mean on a court case type for a Forcible Entry & Detainer claim against me.

I got an order or protection on my husband, and then filed for divorce. Once I got the order of protection, my husband drained our bank account and left me unable to pay the rent or any other bills. I received a 5 day notice to pay or they will terminate the lease, I was served and signed for that paper, but was only able to come up with half the rent. The landlords then filed a FORCIBLE ENTRY & DETAINER claim with the courts. I have not been served with those papers, but have no idea if my husband was or if we both have to be served (I filed for divorce the same day the Forcible entry & detainer was filed). I now looked up my case online on the public case access and there is a court date 2 days from now and the case says RETURN - SUMMONS. what does that mean? Do I need to be at that court date? Or does that mean they can now just put the notice on my door to appear in court because I haven't been served? I live here with our 3 children and am trying to make it so that I can at least get through the holidays with my children before possibly going to a woman's shelter.


Asked on 12/13/15, 4:18 pm

1 Answer from Attorneys

Call the court clerk. Your divorce is irrelevant unless that possibility was somehow written into your lease as a reason for you to be able to terminate it or something...which would be highly unusual, and the judge won't care either. BUT if you and your husband signed the lease, the landlord can serve either one of you, and even if you didn't sign the lease but were present to accept summons, that is good service on both of you (assuming you're older than 13 which may sound strange but that's the legal requirement). If he is a jerk or just trying to limit his own liability, he might have accepted service so that the landlord could force you out and limit his liability for more rent. The on-line information may only mean (and you can call the court clerk for confirmation) is that on a date certain is when the 'return date' is, ie when you're supposed to show up in court, IF you were served. Since the on-line information may not show that detail information, and unless you're in a county where you can call and have the court clerk pull the file while you're on the phone (doubtful), you'd have to go to court and pull the file to see what there is, and it may not show up until that 'return date". I recommend you get local counsel to help because you may very well easily get 'lost' in the legal jargon related to evictions and do something to yourself that could be bad.

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Answered on 1/29/16, 9:54 am


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