IL - FED

[THECCKID]

Jurisdiction

Illinois

What is the statutory guideline for notice between date of service of Summons and Complaint and hearing date? I was served with a FED on 10/28/16 at 3:30 pm and the return date was set for 11/3/16 at 10:30 am.
I'm in this living situation because I was in a relationship with the homeowner. His breach of many agreements and his son's theft of lots of my things caused the relationship to be over.
I am a single mother with a disabled son and the only reason I'm still here is because I lack the funds to move. I have applied for subsidized housing, provided all the documentation and done everything in my power to expedite this process, but I am still waiting for a determination. Before I moved in with the homeowner, I was living in an apartment that I could afford. Until I find something comparable or receive confirmation of acceptance for subsidized housing, I have nowhere else to go.
Can the fact that he breached the promises made to me and his son's theft be used as a counterclaim/defense to my still residing in his home? I am desperately trying to move out but my income is approximately $350.00/mo after payment of storage locker fees. I simply do not have the ability to hire a moving truck and pay rental deposit fees, etc. All I require is the time to finally receive admittance into subsidized housing so that I can move.
I know that there are only certain issues that can be addressed in FED cases and the scope is narrow. I'm just having difficulty finding specific information regarding what is allowed in a counterclaim/defense.
Please advise. I have filed a Motion to Dismiss in this matter because service was inappropriate, but assuming the Judge doesn't rule in my favor, the FED matter will be discussed and I need to have an Answer prepared for court.

 

[army judge]

Nothing done to you by the homeowner's son will have any bearing on you being referred to leave his home.

Any prior agreements between you two will have nothing to do with the FED - Forcible Entry Detainer action.

All the judge will look at is he wants you out.
If there is a lease between you and the owner, a breach must have occurred to cause the owner to file the FED.

Your finances have no bearing on the outcome.
You appear to have no legal defenses to overcome plaintiff's suit to get you booted.

Furthermore, the mere filing of a FED will destroy your chances to rent decent housing for decades.

Bottom line, you'll be ordered to vacate by the judge.
You might get 72 hours after the decision, a week, maybe more time, but you'll not be allowed to stay because you're broke.

I suggest you find somewhere to live to avoid the embarrassment of what you'll experience on the wrong end of a FED.

Good luck.

 

[THECCKID]

Nothing done to you by the homeowner's son will have any bearing on you being referred to leave his home.

Any prior agreements between you two will have nothing to do with the FED - Forcible Entry Detainer action.

All the judge will look at is he wants you out.
If there is a lease between you and the owner, a breach must have occurred to cause the owner to file the FED.

Your finances have no bearing on the outcome.
You appear to have no legal defenses to overcome plaintiff's suit to get you booted.

Furthermore, the mere filing of a FED will destroy your chances to rent decent housing for decades.

Bottom line, you'll be ordered to vacate by the judge.
You might get 72 hours after the decision, a week, maybe more time, but you'll not be allowed to stay because you're broke.

I suggest you find somewhere to live to avoid the embarrassment of what you'll experience on the wrong end of a FED.

Good luck.

Thank you for your response. That's pretty much what I expected. Can you answer my first question about the amount of time one generally has between service and the hearing date?

 

[army judge]

Thank you for your response. That's pretty much what I expected. Can you answer my first question about the amount of time one generally has between service and the hearing date?

Depends on whether you live in Chicago, (large urban center), or a small village in a rural county.

It'll be on the notice.

On average, about a week or ten days, sometimes 48 hours, or as little as 24 hours.