Legal Question in Real Estate Law in Illinois

in Illinois, before the sheriff comes to evict you, should there be a written eviction notice sent first before the eviction order?

When you are still the owner of the condo unit and the sheriff comes to evict you, the defendant, can you sue the plaintiff for the damaged property that is caused by the plaintiff during the eviction?

Thank you.


Asked on 12/23/11, 5:25 pm

1 Answer from Attorneys
Stephen Messutta

1. Depends on the kind of eviction.

2. No - the plaintiff is not evicting you, the Sheriff is evicting you and using a licensed, insured mover. If the mover damages property during the move, the mover's insurance may be liable.

3. If you want to avoid the Sheriff, moving charges and more damages, think about voluntarily moving. And before you decide, talk to an attorney SOON who deals with evictions, because if you are beyond any stay of execution date, the Sheriff may be already on his way......

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Answered on 1/05/12, 12:43 pm


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