Legal Question in Landlord & Tenant Law in Illinois
Security Deposit
Hello I live in the state of Illinois and when I moved out of an apartment my landlord failed to return my security deposit. I gave him my address and everything and did not recieve a list of damages or anything. So I took him to small claims. His wife was served and they did not show up for court so the judge entered a judgement by default. Well I recieved a letter from his attorney stating he motion the claim back in court because his client thought that another lawyer would be present but through inadvertance he was not. And they have good and meritorious defense to the claim. I would like to know what that means and what I need to do to prepare my self for court. because I thought I followed all the procedures and he was served not his lawyer . So why didnt he consult with his lawyer about the situation after being served. Pleas help. Thank You.
2 Answers from Attorneys
Re: Security Deposit
Well not to get too technical, but there are many options for a lawyer to pursue what's called post-judgment relief. Is this within 30 days of the Judgment or not? I'd suggest it's very Judge specific if you're within 30 days still...typically a Judge will grant the Motion to Vacate and then you're right back at the beginning of the case again. If it's after 30 days I don't think a Judge would typically let them out of the judgment.
Generally I'd suggest you just need to layout to the court that the defendant was served properly and didn't appear. Courts shouldn't reward people for not showing up. Waste of your time and court's time.
Re: Security Deposit
Most judges seem to bend over backwards allowing people to vacate a default judgment, so be prepared for that. But yes, I agree with Mr. Olson -- argue that it's untimely (if it's been more than 30 days), that you properly effectuated service, that the summons clearly stated that a response was required and they failed to do this, and that their meritorious defense is invalid. It might not get you anywhere, but it's always worth a shot.
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