I am working on an eviction case right now that needed to be placed with the Cook County Sheriff for execution. The attorney who went to the Sheriff’s office to place it spoke to someone at the desk there (I know, hearsay) who informed him that the Sheriff is running at about a ten week minimum time to get out to evict the defendant in the case. Ten weeks is a long time. Unfortunately, we are used to a ten week wait around the holidays. Things usually level out a bit after Christmas. I don’t know exactly what the issue is at this time, but I suspect that the increased number of evictions related to foreclosures along with financial problems the economy has caused for tenants probably has led to an increased number of evictions. Landlords would be well advised to anticipate long waiting times for evictions from here on out. Hopefully, things will improve as we head into the summer months.
38 thoughts on “When will Cook County Sheriff’s case load return to normal?”
Comments are closed.
Hi i have a question my tenants were supposed to be out by july 19 th when i go to get the order of posession today how long before they can be removed?
Mike, there is really no way to know. Based upon my current experience, the Sheriff is running anywhere from 8-12 weeks to come out. Every situation is different and I believe part of it depends on the volume of other evictions in your Sheriff’s district.
DO THEY EVICTIONS PEOPLE IN THE WINTER MOUNTS
The Sheriff’s office does evict in the winter. In Cook County, there can be delays caused by the winter months. In the past (and I expect that it will be the case this year), the Sheriff stops evicting by Court Order from about the middle of December to a few days into the new year. In addition, the Sheriff will not evict when it is too cold out or weather conditions are bad. So, it is fair to say that evictions can get backed up in the winter months in Cook County, but they do enforce evictions.
I’m appealing the alledged “agreed order of possession” that expired and today Judge Garber granted the extention without reading my reply motion — That said, it’s a malicious eviction perpetrated by my sister who claims to be the Trustee of my Mother’s Estate. That said, I have conflicting advise as to setting a bond that would stay the eviction pending appeal: Garber said he wouldn’t set bond, and instructed me to go to the Appelalte Court. What is the procedure and how quickly do I have to file the Motion requesting issuance of a Bond? (I’m paying the mortgage directly to the Mortgage company not my sister the alleged trustee…via court order) Thanks
FYI, my Mother, who is still alive and objects to the eviction, gifted me use and occupancy: Judge Garber agreed, “you may very well be a victim” he told me, but he said he had to follow the rules. Since I had no lease, and the ‘oral agreement’ with my mother was a gift until I rebuilt my home, which my sister also stopped … do you know any case law about gift(s) of use and occupancy? That asked, all these ‘boomerang adult children’ moving home and gien gifts pending their abiity to get back on their feet, beware: if you’re in front of Judge Garber if a evil / nasty sibling is jealous they can just state that they’re the ‘Trustee” of your parent(s) Trust and prevent your parent(s) from coming to court, (my Mother has been held hostage, isolated by my sister for over two years). Apparently, there’s no due process or burdon of proof: my sister had THREE attorneys from Fischel and Kahn who agreed to work for her with payment from the sale of my mother’s home (and they’re also forcing me to sell my home). Too complicated, but we’re in big trouble with MURS mortgages (foreclosures) and alleged Trustees, pretty soon we’re all going to end up homeless, evicted by the greedy and jealous and those wanting the inheritance long before the parent(s) is/are dead!
Gloria Jean, your facts are far too complicated and numerous to properly address on an internet blog. In addition, we do not usually handle eviction defense. You should consult with a tenant’s rights attorney right away to protect your rights.
The tenant we are trying to evict has some sort of flu or such, are they allowed a continuance for the first court day because of this? I don’t believe they have an attorney, what if they don’t show up because they are sick? What paperwork should I be on the lookout for?
John, I can’t comment on what will happen in your case. I don’t know enough facts and, obviously, what a judge might decide to do is impossible to know in advance. I also want to be clear that we don’t have an attorney-client relationship at this time, so I can’t dispense legal advice upon which you can rely.
I can, however, speak in generalities. In my experience, the Cook County Judges on the eviction floor are generous when it comes to granting a short continuance when the tenant appears on the initial court date. I have seen judges grant a week or so continuance if a defendant asks for time to get an attorney, to put their records together, because someone else who is a defendant could not make it to court, or any other number of reasons. I have also seen a tenant “miss” the first court date and have a default judgment entered against him/her only to have them come back in later on a motion to vacate the order.
Every eviction is different and there are many procedural maneuvers available to tenants that can lengthen the process. Be sure to consult with your attorney before taking action.
can sheifs evicted while a case is in motion for a later date?
I think your question is about “whether or not the Sheriff can evict someone while there is a motion pending”. If that is the case, in Cook County, if a motion is pending, to my knowledge, the Sheriff has a policy of not enforcing an eviction until the motion is dealt with and a copy of the order dealing with it is delivered to the Sheriff. Obviously, I don’t have a full knowledge of your situation, so you can’t rely on this as legal advice and I encourage you to consult an attorney before acting or making any assumptions.
I just received a letter from sherriffs office for eviction but the bank offered me the chance to work with a non profit org to purchase the property and i am meeting with them and a rep from bank and apraiser in 2 days. Does the eviction still stay in affect i callex my attorney and he seemed to be surprised because he had reached an agreement withthe bank attorneys
Since you are represented, it is best for you to speak with your attorney who can best advise you of your rights.
Hello, I went to court and the judge allowed me to stay in my unil until Feb. 29, 2012 I have not moved because I am waiting for calumet city to pass my inspection for a house on XXX XXXX XXX drive I need a few more days how long willit be before they come and evict me how can I find out this landlord will not communicate with me about anything and I understand that.
Adrian, no one can tell when the Sheriff will come out. You should consult with a tenant’s rights attorney to more fully understand your rights.
My home was recently sold due to foreclosure and I need to know about the eviction process following the sale. Is it true that the mortgage company has to evict everyone 18 and over? what can we do when they don’t?
I don’t know all of your facts and we don’t represent tenants, so I can’t answer your question directly. A plaintiff in an eviction action needs to name all adults (people over 18) whose identities are known to the landlord in an eviction complaint. When there are people whose identities are “unknown” being evicted, the landlord can name and serve a class of people known as “unknown occupants”. The intersection of mortgage and foreclosure law is complex and you should consult with an attorney who can represent you and inform you of your rights. Do not rely on this message as legal advice!
I am facing eviction from my condo from not paying association fees. It was mainly because I was trying not to lose my home foreclosure. Now I have a modification on my mortgage and I am able to keep my home. I have appealed to the association board but I am waiting for a response. If I am evicted what’s next. Since I still own the property? If I pay the full amount can I regain possession? Or will never be able to live in my home again? I’m so confused… Help
Dee, we really are landlords’ attorneys on this site. As such, I can’t discuss your situation directly, but can speak in general about condo association evictions.
One remedy for an association that is not being paid is to evict a unit owner. The association then takes control of the property and usually rents the property out so that it can be paid back for the amounts due for back assessments and usually attorney’s fees and costs.
A unit owner can usually recover possession of the real estate once the back dues are brought current, so possession can be retaken by the unit owner.
This is a VERY serious matter and you need to find someone to give you legal advice about your rights. Do contact an attorney.
I have a tenant who has received an order of possession, the judge gave him two weeks. During these two weeks he has vandalized my property, ripping the electrical wires out, damaging the water heaters, stealing the condensors off of the refrigerators. he was arrested by the police and they charged him with theft instead of burglary (he was released the same day) and back at the property. what are my recourses? he is still at the property after the deadline, how long will it take this year for the sherriff to come out?
The Sheriff seems to be taking a good few weeks (3-4) to come out. Your time will vary depending on a number of factors (how many evvictions are going right now, how many in your district, the weather, etc.) It is impossible to get the time right on the nose. Unfortunately, judges don’t take this time lag into account when they make their decisions about the automatic stay. They give the tenant time to get out and then, when the tenants don’t leave, they have even more time while waiting for the Sheriff. I feel your pain.
Richard, I received a final notice in the mail today from the cook county sheriff saying the time the judge has given me to move out has expired. It was postmarked october 11, but the letter is dated september 28, 2012. It says of course I should vacate the property immediately. However, this is the first I’ve heard of this and not even my attorney notified me that this was coming. I am in the process of moving now but how long about can it take for the sheriff to actually come out here to remove me? I will actually have the rest of my posessions out in a few days on my own.
After a tenant receives the postcard from the Sheriff, it usually means the sheriff can be out there ANY DAY to evict.
As you might know from reading our blog, we don’t represent tenants. However, we do take this stuff seriously and the possession of your property is a serious matter. If you had no knowledge of any eviction proceedings, you need to contact a tenant’s rights attorney IMMEDIATELY to see if you have any rights and to protect them if you do.
I just wanted to know are the sheriffs backed up on evictions currently?
There is always a small wait after an eviction is placed with the Cook County Sheriff to be enforced. How long that wait will be is often difficult to predict.
I had an agreement, thru the courts, with a tenet & her legal aid lawyer to voluntarily vacate the apartment, by Oct 31. She wasnt out by the date so an order of possession was entered along with a monetary judgement. My questions are 1) how long before the sherrif puts her out? & 2) what if the tenet wants to work out a payement plan, can the eviction be reversed?
If a tenant agrees to be out by a certain date and the possession order is stayed until that date, the tenant needs to vacate by that time. the tenant does not leave, the landlord has a right to place the order for possession with the County Sheriff for enforcement. The time it takes for the Sheriff to come out varies depending on the location of the property and the Sheriff’s case-load. As for your second question, a landlord and a tenant can always work out an agreement if both parties can come together on the terms.
What is the timeframe for the sheriff to come out and evict (foreclosure case) in near suburban IL (Maywood) to be exact? I can’t get a clear answer when calling the sheriff dept…someone say 3-4 weeks delay and someone else said 2-3 weeks. Thank you,
There is no way to say exactly. Anecdotal evidence seems to suggest that foreclosure evictions are enforced less frequently than tenant evictions, although I do not have a great familiarity with foreclosure-based evictions.
I am facing an eviction and my landlord told me he was going to pay the sheriff to come out to evict me,how long does it take for them to come out after paying them for service.
Ms. Williams, there is no way to know exactly when the Sheriff will come out. We periodically post updates on our “experience” on the website, but there is never a guarantee on Sheriff timing.
Do i receive something in the mail saying when im going 2 be evicted or summons by the cook county sheriff or am i going 2 received something from my landlord.can someone tell me how long do i have before they come 2 my house also do they evcited on weekend
Sometimes the Sheriff will send a postcard. The Sheriff does not evict on the weekends.
i need to know the phone number of the sheriff office to let you know if you are on the eviction list for the week. Thank you
Here is a link to the website of the Cook County Sheriff. http://www.cookcountysheriff.org/
I received a letter from the sheriff.They received the filing on Oct.16 2013.when are they coming?
There’s no way to know.