Question

What happens if Im never served with summons for forcible entry and detainer IL?

Ok heres the situation (long story). I bought a house with a roommate 5 yrs ago in which we split everything. House is in his name only though. We moved out and lived in Vegas but about October of 08 moved back into this house. I lived upstairs and he lived in the basement. He had had someone else living there before we moved and that guy was paying the rent which I didnt worry about. The guy fell behind and my roommate didnt have a job and I wasnt about to pay the house on my own so we decided to get a home modification. Well the house hasnt been paid at all and so we split all bills 50/50. My gf also moved in when we did. Well now hes saying we owe him like 18000 dollars for 2 yrs when we havent even been back 2 yrs. He had us served with 5 day papers from some people me or my gf have never even met. He also served himself to make it look like we all were getting evicted til I made him look like an ass by proving he lied. The papers had no contact info to get a hold of those people to pay even had we owed him anything. So now there is a court date coming up against us for a forcible entry and detainer which we have not been notified of at all. How are we supposed to answer it or defend ourselves if weve never been notified? The only way he could have considered them served would have been to receive them himself, his son, or son's gf, ooorrrr sent them to us there and then return to sender, orrr sent them to us and took them himself. He has been taking our mail and sending it back even though we still technically live there but the cops dont do crap about it even though theyve warned him twice already. They also didnt do nothing when he turned off all utilites to the upstairs 3 times but thats a different story. I just want to be able to get my stuff out and its looking like the 25 of may is the court date. Its now the 20th I didnt even know about the hearing til I physically checked it myself at the county website but we cant get off work in such short notice and we havent been served nothing anyways. Any advice to what can happen? Weve already moved, just trying to get stuff out now. And he was talking about sueing lol. I guy with 50 grand in debt and a credit score of like 380. what a joke.

4 years ago - 3 answers

Best Answer

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One key phrase here is "House is in his name only", that means you do not own it, he does. You seem to think this is your house, it isn't.

You have been notified, you stated so yourself, you were served by people you never met. That IS service.

You are renters and you owe him money. If you are not at the hearing he will win whatever he is asking for.

4 years ago

Other Answers

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by Mariella H - 4 years ago

I'm confused- are you renting or do you own it? Your co-owner/ roommate cannot evict you if you own the house.

EDIT: OK I missed that the house was in his name only. Your 5 day notice WAS your notification. The fact that it came from someone you do not know has nothing to do with this. He obviously hired a lawyer or property manager to handle the eviction for him. That is legal. If you could not contact the company on the notice I'm sure you know how to get a hold of him. You got notice & did not respond so now you are getting evicted. This is what just ignoring that 5 day notcie gets you.

No, the cops are not going to do anything. this is a civil matter & not their jurisdiction.

His credit score and debt also have NOTHING to do with this or his ability to sue you.

All you can do at this point is show up for the hearing.

Source(s)

by Wildcat - 4 years ago