Legal Question in Real Estate Law in Illinois
I got a summons for action for forcible detainer. I have a court date of april 25 2012.this is from the condo's laywer vs me.I live in lake county IL. How long do I have before they throw me out.I am out of work because of a sickness and working on disabiliity and I am behind on my mortgage with wells fargo.
1 Answer from Attorneys
If you do not defend yourself on the first court date they may be able to get an order of possession (together with a monetary judgment usually in the amount you owe -- assessments, fines, etc. plus court costs and attorney fees) and then, depending on how long of a "stay" the judge grants, they will then be able to place the order of possession with the Sheriff, and then it's just a matter of time til the Sheriff comes out and physically dispossesses you. Possibly 30-60 days, but could be less. It pays to defend yourself if for no other reason than to ask for the longest "stay" possible. A stay is the time period after an order of possession is entered, before they can call on the Sheriff, and is intended to give you some time to move out or, if possible, find a way to undo the situation and avoid eviction. Unfortunately, ability to pay is not a defense, but there may be other defenses an attorney can talk to you about.