If an eviction has been filed with the county clerk's office, but the tenant has moved prior to being served, what happens??

Asked about 1 year ago - Chicago, IL

What happens if I move out before being served by a Cook County Sheriff. Will an eviction still be recorded without going through the courts? I am trying to avoid having an eviction on public record!

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree

    Answered . If you are never served, the case cannot proceed. However, if the landlord is able to secure alternate service, the case can proceed without you but will be for possession only. The case will be public record, whether or not you are served, but will reflect no service if that is the fact. Why not simply turn in your keys and perhaps the landlord will refrain from court action?

  2. Cheryl Rivera Smith

    Contributor Level 20

    Answered . Work this out with your landlord. They can have the case dismissed. If they go forward, you might be subject to a judgment for damages, attorney fees, and court costs.

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