Do I have to show up to eviction court if I wasn’t served?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Do I have to show up to eviction court if I wasn’t served?

I was supposed to go to eviction court in September but, the sheriff never showed up to this day. Do I have to go? Will I get in trouble if I don’t? What are the laws that protect me and where can I find them?

Asked on November 7, 2010 under Real Estate Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The how do you know that there has been an eviction procedure started?  This worries me.  Do not let the date go by that you are speaking of.  It will only result in a default judgement against you.  Go down and tell the court that you were not properly served and that you are there not to submit to the court's jurisdiction in the proceeding but to place an affirmative defense of improper service in the answer to the proceeding.  Then speak with someone on the facts of your case and what you can do because the matter will not go away.  They will only keep attempting to serve you properly.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption