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James Mendrick
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Civil Process
Order of Forcible Entry and Detainer Procedures
An order for a forcible entry and detainer will not be accepted until the stay date has expired. Two (2) writ certification stamped copies of the order are required. The order must have the name(s) of the defendant(s) and the exact address of the property, including apartment, building or suite number. Wrong or incomplete addresses are the major reason for forcible entry and detainers being unenforceable. There is a non-refundable fee of $200.
Three (3) business days after the order is received by this office the plaintiff must contact the eviction department at (630) 407-2054 to schedule the physical eviction. A deputy will post a "red notice" on the property indicating the date and time of the physical eviction. This action often results in the defendant(s) moving out of their own accord.
Using force to effect an eviction can become costly to the plaintiff and traumatic to the defendant. Therefore, the office has established a set of procedures to encourage the defendant to voluntarily vacate the premises; a copy of the order is either personally served or posted on the door of the property and a letter is sent to the defendant advising them they will be evicted "as soon as scheduling permits."
The plaintiff, or his/her agent is required to be present on-site during the entire eviction process. The plaintiff must provide a minimum of three (3) able-bodied movers, a locksmith or maintenance person to change the locks, plastic bags, and tarp or plastic cover in case of inclement weather.
The defendant's personal property will be removed from the property to a area designed by the on-site deputy. This property must remain undisturbed by the plaintiff for 24 hours. After 24 hours it is the responsibility of the plaintiff to remove all items still remaining at the site. It is also the plaintiff's responsibility to have any vehicles on the premises removed.
The eviction fee covers the first 1/2 hour of the deputy's time. If additional stand-by time is necessary, the plaintiff will be billed accordingly with a 2 hour minimum charge of $80.00 per hour.
Emergency eviction requests must include documentation to justify the emergency. Requests will be authorized on a case by case basis.
If the defendants move out prior to the eviction date, the eviction office must be notified immediately.