My question involves landlord-tenant law in: Streamwood, Cook County, Illinois
On 6/6/18 I received a letter from the Office of the Sheriff of Cook County, postmarked 6/1/18, stating (among other things) "By receiving this letter, you have received notice that the property you are occupying can be evicted AS SOON AS 5/31/2018." Emphasis in original. Attached is an eviction order dated 5/22/18 stating (among other things) "Defendants must move out of the property on or before 5/29/18 by 11:59 p.m."
This is the first time I have seen this order. Were plaintiff or the court required to send me notice of this order when it was entered? I subscribe to USPS Informed Delivery which shows me pictures on the USPS website of each letter I have received, so I can easily prove when I received notice from the Sheriff and that I did not receive notice from plaintiff or the court.
The order is from the First Municipal District of Cook County. Both of the below pages state that the First Municipal District only serves the "City of Chicago". The second link even has a map showing that the Third Municipal District has jurisdiction here.
http://www.cookcountycourt.org/ABOUT...epartment.aspx
http://www.cookcountycourt.org/ABOUT...cuitCourt.aspx
Where are the municipal district's jurisdictions codified?
*Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828): * Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities.
They are not “voidable”, but simply “void”; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers. ” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)
So do I just call 911 when the Sheriff's deputies show up to evict me and have them removed as trespassers? I'm thinking I would be better off explaining this to the local police ahead of time so they know it is coming and can confirm with their lawyer that I am in the right. I would like to avoid Plaintiff finding out their judgment is void for as long as possible, so I am hesitant to notice the Sheriff. Suggestions on how to proceed?
I've been told that if I am evicted the new owner is not allowed to just throw out my personal property, and must allow me to retrieve it. Where is this codified?
This is the second time the Cook County Sheriff has broken the law in an attempt to evict me. I would like to obtain an injunction against them enforcing any evictions without having a lawyer review them to confirm they are enforceable, and perhaps require the Sherrif to pay punitive damages to anyone already evicted contrary to the law. In which court would I file such a case?
Thank you.
On 6/6/18 I received a letter from the Office of the Sheriff of Cook County, postmarked 6/1/18, stating (among other things) "By receiving this letter, you have received notice that the property you are occupying can be evicted AS SOON AS 5/31/2018." Emphasis in original. Attached is an eviction order dated 5/22/18 stating (among other things) "Defendants must move out of the property on or before 5/29/18 by 11:59 p.m."
This is the first time I have seen this order. Were plaintiff or the court required to send me notice of this order when it was entered? I subscribe to USPS Informed Delivery which shows me pictures on the USPS website of each letter I have received, so I can easily prove when I received notice from the Sheriff and that I did not receive notice from plaintiff or the court.
The order is from the First Municipal District of Cook County. Both of the below pages state that the First Municipal District only serves the "City of Chicago". The second link even has a map showing that the Third Municipal District has jurisdiction here.
http://www.cookcountycourt.org/ABOUT...epartment.aspx
http://www.cookcountycourt.org/ABOUT...cuitCourt.aspx
Where are the municipal district's jurisdictions codified?
*Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828): * Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority, its judgments and orders are regarded as nullities.
They are not “voidable”, but simply “void”; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers. ” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)
So do I just call 911 when the Sheriff's deputies show up to evict me and have them removed as trespassers? I'm thinking I would be better off explaining this to the local police ahead of time so they know it is coming and can confirm with their lawyer that I am in the right. I would like to avoid Plaintiff finding out their judgment is void for as long as possible, so I am hesitant to notice the Sheriff. Suggestions on how to proceed?
I've been told that if I am evicted the new owner is not allowed to just throw out my personal property, and must allow me to retrieve it. Where is this codified?
This is the second time the Cook County Sheriff has broken the law in an attempt to evict me. I would like to obtain an injunction against them enforcing any evictions without having a lawyer review them to confirm they are enforceable, and perhaps require the Sherrif to pay punitive damages to anyone already evicted contrary to the law. In which court would I file such a case?
Thank you.
Defenses to Eviction: Eviction Order from Court Lacking Juristiction
Aucun commentaire:
Enregistrer un commentaire