Can the sheriff evict when someone wasnt served properly?

Asked over 2 years ago - Joliet, IL

We have received an eviction notice today and they are evicting on Tues. at 9am. Our daughter who is 18 has never been served. Our attorney has sent the sheriff a letter explaining to them that she was not named in the foreclosure papers. My question is how can we stop the eviction based on her not being served? Our attorney has tried to call the sheriff and explain this to them but they said to go to court and get a stay, but when we went to court the judge said it was not in his jurisdiction. What are our options to avoid eviction?

Attorney answers (2)

  1. Mara Ann Baltabols

    Contributor Level 13


    Lawyer agrees

    Answered . I hope that it is not too late because I am answering this question after Tuesday at 9am. I think you are doing the right thing by telling the Sheriff that your 18 year old daughter was not served as part of the foreclosure. If there are tenants in the property, the bank is supposed to evict them separately and provide new notice of the eviction. Otherwise, if you have already been evicted your recourse is to file an action for wrongful eviction.

    The information in this answer is not intended as legal advice nor do I intend to create an attorney-client... more
  2. Jayson O. Myers

    Contributor Level 8

    Answered . In Florida, you need to have a Judge sign the order. This is tricky, but a good motion and order faxed to the Judge may help. There is no promise and your mileage may vary.

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