How to Collect Rent After an Eviction in Illinois
In Illinois, if a landlord has tenants who have not met their monthly rental payments and refuse to vacate the premises, he may file for an eviction hearing. If the landlord is successful in his suit, he will receive a judgment signed by the judge presiding over the case. This judgment contains a date for the tenant to leave and the amount the tenant owes the landlord in rent payments. Receiving a judgment does not mean the landlord will be paid immediately and he may have to use the court again to collect rent after the eviction.
Instructions
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Visit the Circuit Clerk or write a letter to the judge of the court where the eviction hearing took place and request a court date for a supplementary judgment collection hearing.
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Procure the "Citation to Discover Assets" form from the courthouse or download the form online from the Circuit Court website.
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Write or type the name and address of the debtor; your name and address; the date of the judgment; the case number; the amount of the judgment; and your signature in the allotted spaces on the form.
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Notify the debtor of the proceedings via U.S. mail, certified mail or personal service via the sheriff.
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Attend the hearing. Submit a "Summons" for wage garnishment to the debtor's employer if the judge finds that the debtor has sufficient assets for deduction. This form will be provided to you by the Circuit Clerk after the judgment is rendered.
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References
- Southern Illinois University School of Law; The Self Help Legal Center; Your Rights as a Landlord or Tenant in Illinois
- Illinois Pro Bono: Renting the Right Way Part Three: The Eviction Process; What if the Judge Also Awarded Me Money; Chicago Volunteer Legal Services; 2007
- Illinois Legal Aid; Browse Articles; What is a Citation to Discover Assets
- Illinois Legal Aid; Browse Articles; What is Wage Garnishment and How Will it Affect Me
- Clerk of the Circuit Court; Court Forms Search; Citation to Discover Assets